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The Amazing Failure of NAIS


Written by Harlan Hentges
Thursday, 23 July 2009 14:38

About the Author

Mr. Hentges is a 1992 graduate of the University of Texas with a juris doctorate from the School of Law and a Master of Public Affairs from the Lyndon B. Johnson School of Public Affairs. He is a 1987 graduate of Oklahoma State University with a bachelor of science in agricultural economics.

He is admitted to practice law in the States of Oklahoma and Texas and the Federal District Court for the Western District of Oklahoma. He is a member of the Oklahoma Bar Association, the Oklahoma County Bar Association and the American Agricultural Law Association.

Mr. Hentges's legal practice is concentrated in agricultural law, civil litigation, Endangered Species Act, eminent domain and appellate law.

Phone: (405) 340 6554

Harlan Hentges P. L. L. C.

1015G Waterwood Parkway Ste F1

Edmond, OK 73034

The National Animal Identification System (NAIS) would have gathered and introduced a huge amount of new data into the food supply chain. Data is very valuable in any supply chain and would certainly be valuable to food. USDA had the power and resources of the US government and support of multinational corporations that dominate the U. S. meat market. Under these circumstances, getting data into the food supply chain should have been like shooting fish in a barrel. Instead it was an amazing failure. Why?

I submit that USDA and their industry partners have a common flaw in structure, leadership and management. The flaw causes them to be blind to social, cultural and economic values of food and farming . After several years and hundreds of millions of dollars, USDA continues to face fierce public opposition to NAIS and members of congress have declared NAIS a failure and have moved to eliminate funding. The failure of NAIS reveals a flaw and its potentially negative consequences for the food supply chain.

For at least four decades the U. S. consumer and producer have expressed a preference for a food and farming system that is consistent with their social and cultural values. In the 1970's the American Agricultural Movement radically protested the loss of farms. In the 1980's Farm Aid lamented the loss of farms. The 1990's saw the growth of organic foods and specialized stores like Whole Foods and Wild Oats. The 2000'shave movements such as local food, real food, raw food, slow food, vegetarian, and vegan. All of these movements and many more are vocal, national, well-publicized and they express the desire for food that is consistent with social and cultural values. Even the Pope writes about the lack of social and cultural values in our food system.

The only way to add social and cultural value to food is to provide consumers with information about their food . Valuable information would include where it was produced, by whom and under what conditions. This would permit consumers to know if the food they purchase is consistent with their values and enable them to act on those values.

When USDA and its multinational corporate partners under took the implementation of NAIS, they ignored virtually all of the value information might have to the food supply chain. They focused on only one objective -- to track and, if needed, control the movement of every animal in the U. S. They claimed that in the event a disease was discovered in the U. S. every exposed animal could be identified, located, and quarantined or destroyed. This ability would benefit only one segment of the food supply chain, the large meat packers. By controlling the movement of animals, the slaughter facilities could continued to operate with as little disruption as possible . Theoretically, saving the packers as much downtime would justify the cost of the system.

Despite a ubiquitous desire for food that is consistent with social and cultural values, USDA and the multinationals designed NAIS so that any information about the animal was lost at the slaughter facility . Information about the source of the animal would never be available to a consumer . Information about the customer's satisfaction could not be available to the farmer.

It is apparent that USDA and the multinationals failed to consider that information would be valuable to the producer or the consumer. This failure is inexcusable. The values of food and farming are thoroughly addressed in books like Fast Food Nation and Omnivore's Dilemma and films like Food, Inc. and Fresh. It is undeniable that there is a widespread concern, and in some cases outrage, that industrialized agriculture is responsible for the decline of rural economies and communities, economic oppression of farmers, environmental degradation and mistreatment of animals. Yet USDA and the multinationals act as if information about where, by whom and how food is raised is irrelevant to the food supply chain and the value of food.

USDA and the multinationals failure to recognize the value of information about food is really a failure to recognize the value of food. USDA and the multinationals failed, I submit, because they do not know why food is valuable. Food is not valuable because of its nutritional content. Food is valuable because it comes from one of many economically viable farmers who live nearby and can produce a supply of food that is safe and secure for the long term. It is valuable because it is provided through supply chain that functions freely and is not subject to foreign, corporate or governmental control. Food is valuable because it comes from animals and crops that are genetically diverse so that they are not all susceptible to the same disease. Food is valuable because it is produced with farming methods that preserve the productivity of the land and produces offspring and seeds for the following year. Food is valuable because it is consistent with moral, social and economic values that sustain communities indefinitely. The amazing failure of NAIS indicates that the USDA and the multinationals do not understand or do not share these values.

Due to USDA's power and the multinationals to influence the nation's and world's food supply, this lack of understanding of the value of food is a huge obstacle. Nonetheless, the challenge and opportunity in agriculture and food markets is to provide this value despite USDA's policies and the market power of multinationals. Each food recall, each disease outbreak, each bankrupt farmer, and each contaminated water body is a new and better opportunity and a greater challenge to provide food of greater value.


NAIS ~~ over estimated, over promised, over budget, unnecessary, unneeded and unwanted.

Brad Headtel

The NAIS is a years-old concept that has outlived its time and fails to recognize that economic instability is our greatest national hazard, not, if all the animals have a government number.

Mary--Fireworks Farm, CA.

NAIS is not a direct ban on meat or chicken or goat meat or ... but a slow, complex legal threat entailing loss of more and more control and then of isolated bankruptcy or of just giving up farming or ranching completely.

Linn Cohen-Cole, 2008

The illegal we do immediately. The unconstitutional takes a little longer.

Henry Kissinger, former US Secretary of State
(Source: New York Times, Oct. 28, 1973)

Anything is possible if you don't know what you are talking about.

Brad Headtel-------On Bruce (USDA) Knight's pandemic projections
of national livestock catastrophic die-offs.

Bureaucracy never sleeps.

Neil Young

Makes ranchers paw the dirt----like a bull looking forward to the virtues of castration.

on NAIS-------Brad Headtel

Only Jesus loves the stupid. As He looks closer toward the DC Beltway------it's an ever increasing stretch.

Brad Headtel

You are known by the low morals of the bureaucrats you tolerate.

Brad Headtel

Phony science begets phony public policy.

Walter Williams

NAIS~~~~ Mother of all unnecessary federal job creation schemes.

Brad Headtel

The issue is not the issue. Who decides the issue is the issue. If you decide the issue you are a free man. If a politician decides the issue you can un-elect him, but if a bureaucrat decides the issues you are his pawn and practically without recourse.

Harold Hockstatter

It is sad that here in the United States of America we must fight our government to protect our own rights, but fight I will.

 Jerry Fennell--From "Shattered Dreams"

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

On NAIS -- H.L. Mencken

Make the lie big, make it simple, keep saying it, and eventually they will believe it..

Adolf Hitler

There is no worse tyranny than to force a man to pay for what he does not want merely because you think it would be good for him.

Robert Heinlein

If a government program is not worth doing at all,   it is not worth doing well.

...on NAIS - Brad Headtel

Communism ~~ the government owns the means and method of production.  In fascism the government controls the means and method of production.
We're not happy until you're not happy...

USDA official on the Westland/Hallmark Meat recall of Feb. 17, 08

NAIS is one of those issues that everyone wishes never became an issue. It is a genie that will not go back in the bottle.

Troy Marshall, Seed Stock Digest, 1/7/08

The limits of tyrants are prescribed by the endurance of those whom they oppress.

on the NAIS program..... - Frederick Douglass

We're out here branding cattle, worrying about our best horse going blind, when all of a sudden the USDA is working at mach speed filling our saddle bags with heavy NAIS rocks.

Michelle Reid

....NAIS matters less than flea sweat.
....producer interest in NAIS is less robust than a paper pig in a barbeque pit.

Wes Ishmael, Contributing editor,
BEEF Magazine, Dec. 2007

I work day and night to prevent NAIS!

This is the first time in my life I have had the opportunity to save billions of dollars of wasted government tax for my fellow livestock producers all over the nation. As it was said about Queen Esther of old, from the great palace of Shushan, '...who knoweth whether thou art come to the kingdom for such a time as this.?'

I feel the NAIS program, as planned, will embezzle from 10 to 60% of the profit from every livestock producer, and that is not an acceptable price to pay for a naive USDA concern about future unknown or previously eradicated diseases.
Every consumer or livestock owner should spend full time to prevent the enforcement of this cost to our nation.

Darol Dickinson

NAIS will not be mandatory under my tenure. I repeat will not!

Mike Johanns on mandatory National Animal Identification Surrender.
Sec. of Agriculture Mike Johanns quit the job two months later.

NAIS will put Livestock owners under closer surveillance than terrorists, illegals aliens, drug dealers, and convicted sex offenders/child molesters. Currently, only convicted sex offenders/child molesters have to register their premises.
BSE, bovine spongiform encephalopathy takes five to seven years to develop. It's not actually a disease that you have to rush to trace. You can take about all the time you need. What you want to do is prevent it in the first place.

Reno, Nev. --- 11/29/07 Jay Truitt          
NCBA VP for governmental affairs,
on the USDA proposed 48 hour
emergency disease trace back.

Most of the stuff people worry about ain't never gunna happen.

Will Rogers . . . . on NAIS

No man's life, liberty, or property is safe while the legislature is in session.

Mark Twain

What this country needs are more unemployed bureaucrats.

Edward Langley

Each time we give up information about ourselves to the government, we give up some of our freedom. The more the government or any institution knows about us, the more power it has over us. When the government knows all of our private information, we stand naked before official power; stripped of our privacy, we lose our rights and privileges. The Bill of Rights then becomes just so many words.

Senator Sam Ervin, June 1974.

The USDA is a run away agency out of control, with total disregard for U.S. citizens, yet full regard for other countries and free trade at all costs.

Dr. Max Thornsberry, President R-CALF USA

NAIS . . . a program that somewhat resembles an expensive plan to use baseball bats to kill mosquitoes . . . when we haven't found the mosquito---and the plan was proposed by a bat manufacturer.
NAIS . . . when freedom is outlawed, only outlaws will be free.
The urge to save humanity is almost always a fake front for the urge to rule.

H.L. Menchen

Is the USDA run by smart people who are putting us on, or by imbeciles who really mean it?
NAIS is like a fat man in a swim suit - you may not appreciate what you see, but what isn't revealed is even more fearful.
NAIS Employee -- Never argue with a person whose job depends on not being convinced.
Remember - A major animal disease outbreak to a State Veterinarian is like a multi-car wreck to an auto body shop.
NAIS is the very model of how an unresponsive Executive Branch agency can cooperate with a globalist industrial agriculture and a technocratic corporate elite to force an undesired program upon an unwilling populace.

Mary Zanoni

NAIS press releases from USDA could present caviar in such a light we want to run from it like a falling meteorite.
Many associations embrace the NAIS because their paid leadership does so, regardless of what their members truly want.

Marida Favia delCore Borromeo

On NAIS - If USDA comes up with a stupid idea -- If Congress votes to fund it -- If 296,000,000 taxpayers write the check -- I'm sorry, it's still a stupid idea.
NAIS is a disease masquerading as its own cure.
NAIS is the result of looking for trouble, not finding it anywhere, diagnosing it incorrectly, and applying costly incorrect remedies.
As the government is doing wrong to us, like with NAIS, you gotta know they are doing wrong to people all over the world, right?  Why do all these countries hate the USA?

Linn Cohen-Cole

Once government gets its hands on new power, it is never relinquished.

Henry  Lamb ~~~ Sovereignty International