Wondering what an article about a New York dairy farmer is doing on a Tennessee site? Read on. This article first appeared at thecompletepatient.com.

Over the last two weeks, Andrea Elliott has been writing emails to farm associations, her Congressman, and members of the U.S. House and Senate agriculture committees—all urging that the upcoming farm bill not include funding for the National Animal Identification System (NAIS). She and her husband, Jim, own a dairy farm in the Catskill Mountains of New York, and she made it plain in her notes that she is adamantly opposed to registering the farm’s 80 cows under the federal program.

On [Monday, October 29] she received a call from an inspector with the New York Department of Food and Markets in Albany that he planned to come by the farm for a special inspection, based on “a complaint” made to the department’s Division of Milk Control and Dairy Services.

Andrea couldn’t imagine who might have complained, and what the complaint might have been about. Her farm, Crystal Brook Farms, sells nearly all its milk to a local creamery for pasteurization. She sells a few gallons of raw milk occasionally to individuals who stop in with their own containers, under New York rules that allow sale of 25 gallons a month without a permit.

[Tuesday, October 30] the inspector, Bradley Lyle Houck, arrived from Albany, two hours away, together with her regular local dairy inspector, and Andrea was prepared. As soon as they arrived, “I turned on my video camera. I think that made them a little uncomfortable.”

Then, she says, “I asked the state inspector to fill out my form.” Her form is a three-page “public service questionnaire” that asks for the inspector’s identity, his principal reason for doing the inspection, how the information he gathers will be used, and other such data. “He shook his head and refused,” says Andrea. “He said, ‘I have to be authorized by Albany.’” He tried to make a call on his cell phone, but couldn’t complete the call because the farm area has no cell reception.

Andrea persisted. “I said, ‘This is our property and I can require you to fill it out.’” He offered his state ID and badge.

Andrea moved on. “I asked him why he was here and he said a complaint was received in Albany.”

What was the complaint? “He said he couldn’t tell me.”

Who filed the complaint? “He wouldn’t tell me. He just wouldn’t go any further. He said all complaints that come into Albany are treated as confidential. ”

“I asked him what statute allows a complaint to be treated as confidential. He said he couldn’t quote a statute.”

At that point, the inspector asked if they could talk off-camera. Andrea declined.

“He said, ‘I guess the best thing would be for us to come back another time.’” The two got back into their car and took off.

Andrea adds, “At no time did I deny him the inspection. I didn’t ask him to leave. All I did was ask him for specific reasons for the inspection. I have a right to know who my accuser is.”

Andrea seems to have added an entirely new dimension to the agricultural inspection. Especially one with such an intriguing coincidence connecting it to NAIS.

Click here to download a form like the one she used.

Note: The “public servant questionnaire” concept as demonstrated above is based on 5 USC 552a (e)(3) — we strongly encourage you to read and familiarize yourself with it.

“Last Thursday, the Senate Agriculture Committee passed a version of the Farm Bill that will continue to award huge subsidies to the same people who have historically gotten them—including millionaires and dead people. It also lacked support for organic agriculture.”

Some things never change. Read the Environmental Working Group’s complete update here.

*** CALL YOUR U.S. REPRESENTATIVE ***

On Thursday, July 19, the U.S. House Ag Committee passed the Farm Bill with a provision that paves the way for mandatory NAIS. Inserted by Collin Peterson (U.S. House Ag. Committee Chairman, D-MN), the provision allows linking mandatory NAIS to Country of Origin Labeling (COOL) by repealing a law that now prevents that.

The Farm Bill will be voted on by the full U.S. House by the end of July. You must get through to your representative immediately.

In short: COOL becomes law in 2008 and requires source verification of livestock stamped “U.S.” Source verification can be provided privately by industry, but will be used as leverage for mandatory NAIS if Peterson’s provision passes the full House.

The current law reads: “The Secretary [of Agriculture] shall not use a mandatory identification system to verify the country of origin of a covered commodity.” Peterson’s provision would repeal this law. Peterson’s provision states: REPEAL OF PROHIBITION ON MANDATORY
IDENTIFICATION SYSTEM FOR COUNTRY OF ORIGIN LABELING. (Title XI, Subtitle B, Section 11101 of the Farm Bill).

NOTE: Representatives are being told by Peterson’s people that this provision is just in there “in case of emergencies” as an “extra” database. This makes no sense and is a smokescreen. If we do not stop this NOW, they will probably be able to force mandatory NAIS.

*** CALL YOUR U.S. REPRESENTATIVE ***

ACTION: Contact your representative and tell him or her you OPPOSE Title XI, Subtitle B, Section 11101 of the Farm Bill that allows linking COOL to mandatory NAIS. Call and SEND FAXES. Find your Representative at www.house.gov. Tell them to REMOVE this provision from the Farm Bill.

If you can find a way to meet personally with your Representative, or his agricultural aide, please do so at once!

WHAT TO SAY

Ask to speak to your Representative’s Agriculture Aide.

• My name is ______ and I am calling about the Farm Bill. I would like to speak to the agricultural aide for Representative ______. Who is that please?
• Please ask Representative ______ to remove Title XI, Subtitle B, Section 11101 of the Farm Bill. This section allows a mandatory National Animal Identification System (NAIS) to be linked to Country of Origin Labeling. I oppose NAIS. This section would allow COOL to be used as leverage for forcing mandatory NAIS. NAIS has nothing to do with Country of Origin Labeling and the law currently prohibits using mandatory NAIS for COOL. This section would change the law and allow COOL to be used as an excuse for forcing NAIS on farmers who do not want it, do not need it, and will be destroyed by it. Americans want local food and NAIS will destroy local agriculture. Please tell Representative ______ to remove this provision from the Farm Bill. Thank you.

WHAT TO FAX

Dear Congressman/Congresswoman ______,

I am writing about the Farm Bill to urgently request that you remove Title XI, Subtitle B, Section 11101. This section allows a mandatory National Animal Identification System (NAIS) to be linked to Country of Origin Labeling.

I oppose NAIS. NAIS has nothing to do with Country of Origin Labeling and the law currently prohibits using mandatory NAIS for COOL. This section would change the law and allow COOL to be used as an excuse for forcing NAIS on farmers who do not want it, do not need it, and will be destroyed by it. The overwhelming majority of America’s small farmers are not affected by COOL, yet they are the ones who would be destroyed by the mandatory NAIS that this section paves the way for. Americans want local food and NAIS will destroy local agriculture. Please remove Title XI, Subtitle B, Section 11101 from the Farm Bill.

Thank you.

Name
Address
Phone number

(You must include this information so they can verify you are from their
district. If you don’t include it they will toss your fax.)