MEMORANDUM

To: AHC Organizations

From: American Horse Council

Re: Federal Legislation on Animal Identification

Date: December 14, 2004

Congress adjourned without final action on any of the many bills introduced in this Congress calling for a national identification system for horses and other animals. The legislation will have to be reintroduced in the next Congress, which convenes in January.

The AHC anticipates that these and other bills will be reintroduced in the next Congress, that additional hearings will be held and that substantially more Congressional focus will be brought to this issue next year.

Senate Action in This Congress

The Senate did pass a Resolution supporting a national ID system. During consideration of the Budget Resolution in March, 2004, the Senate adopted a “Sense of the Senate” resolution, offered by Senator Chuck Hagel (R-NE), calling for a national animal identification program. Specifically, the Hagel resolution expressed:

“the sense of the Senate on the need for a United States animal identification program as an effective surveillance, monitoring, and control tool to serve the needs of the United States livestock industry and public health.”

The resolution provided that the program not be “overly burdensome to agricultural producers and ensure the privacy of information of agricultural producers.” While a Senate resolution does not have statutory or legislative authority, it does indicate that the Senate supports the development, implementation and funding of a national livestock ID program.

National Animal Identification System

The purpose of a national animal ID system is to address animal health emergencies and to provide the ability to trace animals quickly in the event of an outbreak of a major animal disease, either accidentally introduced or intentionally. The U.S. Department of Agriculture supports a National Animal Identification System (NAIS) and has taken several steps to organize the system on a voluntary basis initially.

In Fall, 2003, the American Horse Council organized a task force, which included nearly thirty equine organizations, to evaluate the ID plans being discussed and determine if the horse industry might develop standards for equine identification that would benefit the industry should the system become mandatory. This group has been officially designated the Equine Species Working Group and is responsible for this effort now.

Federal Legislation

During this Congress, several bills were introduced in both the Senate and House calling for the institution of a national animal ID system. The Senate bills were introduced by Senators Arlen Specter (R-PA), Patrick Leahy (D-VT), ranking Democrat on the Senate Agriculture Committee, and Chuck Hagel (R-NE). The House bills were introduced by Representatives Colin Peterson (D-MN), Tom Osborne (R-NE) and Betty McCollum (D-MN).

The bills were referred to the respective Agriculture Committees in the Senate and House of Representatives. Numerous hearings were held both in Washington and in other areas.

All the legislation directed the Secretary of Agriculture to establish a nationwide electronic livestock identification system to enable the USDA to enhance the speed and accuracy of the response to outbreaks of disease in livestock. The legislation provided that the system must be able to trace an individual animal within 48 hours of a disease outbreak. The bills provided for initial funding of from $25 million to $175 million.

The bills recognized that USDA’s current plans call for individual animal identification by mid-2006, but called for “this timetable to be moved up.” Several bills specifically called for implementation within 90 days after enactment.

Some bills included specific language protecting the animal identification numbering information by exempting it from disclosure under the Freedom of Information Act. This protection is a necessary condition for the industry’s support of an ID system.

All the bills amended the Animal Health Protection Act. That Act gives the USDA authority to control animal diseases and applies to horses.

Next Congress

We expect these bills to be reintroduced in the next Congress and the USDA-proposed National Animal Identification System to be focused on again.