New Electronic Ear Tagging Rule Affects Independent Farmers
There has been recent discussion in the agriculture industry about moving towards electronic ear tags for livestock moving across state lines. While ear tags are already the norm for operations across the country, these new RFID (radio frequency ID) tags would enter information on animal and Farm details into a new government database. While the intent of electronic ear tagging is to improve traceability, access to government databases by other non-authorized individuals and organizations raises potential privacy and competitive concerns.
We recently spoke with Alexia Kulwiec from Farm-to-Consumer Legal Defense Fund to discuss the proposed electronic ear tagging updates, how this may affect independent Farmers, and what you can do to ensure the concerns of small producers are addressed. Learn more about the electronic ear tag rule from Alexia:
Electronic Ear Tagging for Livestock: A Timeline
2013
Ear tagging livestock is not a new concept. In 2013, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) implemented an animal traceability rule. This rule would help Farmers find animals that had gotten out and lost, and also help track illnesses spread through livestock.
These metal tags in a livestock animal’s ear were mandatory for animals crossing state lines. Branding was no longer feasible for larger producers, so this rule was proposed as a way to track animals with a quicker, easier approach. Brands also did not share as much information. Ear tags have a number that links to the animal information, including its Farm.
Cattle tagging is not mandatory for intrastate producers (those selling within state lines), but they can be common even in livestock that does not move from state to state. Some states have their own requirements for tagging, however a new rule was recently introduced that would affect Farms at a federal level.
2019
The USDA issued guidance suggesting electronic ear tags would be mandatory. This caused issue, since only a few years earlier, the regulation said metal ear tags were acceptable. The USDA did not go through the formal legal process to get their guidance approved, so they withdrew. Many people saw this move as aggressive, considering they did not go through a formal publication and review process (for public comments) to get the regulation approved.
2023
In January of 2023, the USDA APHIS formally proposed the electronic ear tag rule. This rule would make RFID tags (radio frequency ID tags) mandatory for any livestock crossing state lines (much like the initial 2019 rule). Producers would have to purchase the tags themselves, unlike the metal tags that many state vets would provide. More importantly, Farmers must invest in the equipment and infrastructure to support electronic ear tags such as a tag reader system. The information included on the tags will post to a government database, which may potentially be accessed by certain corporations, such as larger processors.
How E Tags Affect Independent Farmers
This new rule affects all Farms moving livestock across state lines, no matter the scale of your operations. If an animal crosses state lines, an electronic ear tag would be required.
For many smaller Farms and Ranches this new rule will be unduly burdensome. Many independent Farmers regularly cross state lines to access the closest USDA processing facility. In all cases, animals crossing state lines will have to be tagged. While the radio frequency ID chips may be low cost, the equipment costs (e.g. readers) are relatively expensive for small Farms raising a limited number of animals.
Additionally, there are privacy concerns with respect to Farm and animal information being maintained in a public database. Details pertaining to your Farm animals, and your Farm business may be accessed by the government. There is also a fear that larger producers or processors may have access to view that information. With more information in government databases, additional regulations may follow to favor larger producers (versus small, independent Farmers).
While independent Farmers are working to decentralize the agricultural system, these regulations further centralize the livestock industry. These electronic ear tags could potentially threaten the freedom and privacy of smaller producers. Unlike large Farms, smaller producers do not have unfettered access to USDA and State processing facilities.
What you Can do about the New Rule
USDA APHIS already monitors and tracks animal health and diseases under its existing authority. Expanding the scope of the USDA’s regulatory authority to electronic ear tagging is questionable. Alexia says, “mandating this kind of RFID (radio Frequency ID) is arguably outside of the authority of the USDA that was granted initially by Congress”. As such, Farms and Ranches impacted by this rule change (once formally enacted) could file an action challenging enforceability of the rule by alleging the USDA exceeded its authority.
Ironically, while new electronic ear tagging rules have not yet been officially enacted, USDA APHIS has included a budget request for electronic ear tagging infrastructure in current appropriations bills. Independent Farmers should contact their elected representatives to express concerns, before this new rule is funded and enforced.
For sake of example, the Department of Health has governed US medical care for decades. However, Electronic Health Records (EHR) was a hotly debated and negotiated topic in the US Congress as part of Obamacare. The Department of Health did not have the authority to enact EHR requirements for Humans without an Act of Congress.
To learn more, go to FarmToConsumer.org and search for RFID to receive action alerts as the rule continues to have ongoing updates. You can contact your local representatives to express your concerns and suggest different alternatives (and/or exceptions for small, independent Farmers below certain thresholds).
The formal comment period for the rule has ended, but you can still contact USDA APHIS to express your opposition. It is important that the livelihood of independent Farmers across the country is not determined by a few USDA bureaucrats and the interests of the Big 4 processors.
Conclusion
Electronic tags may cause privacy concerns for independent producers, and result in financial hardships due to relatively expensive infrastructure investments. While this topic has been in discussion for several years now, recently the USDA has been more assertive with respect to proceeding with electronic ear tagging - including budgetary requests for technology upgrades.
Contact your elected representatives and stay updated on recent developments to ensure the concerns of small, independent Farmers are respected. While this new rule favors larger producers, independent Farmers can still share their opinions on why the rule will be harmful to their operations (in the absence of a small production exemption).
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