The American Livestock Markets and Dealers Association (ALMDA), a national association serving livestock markets, order buyers, dealers, and professional livestock marketers throughout the U.S, has formally requested that USDA’s Animal and Plant Health Inspection Service (APHIS) delay the implementation or enforcement of the final rule, “Use of Electronic Identification Eartags as Official Identification in Cattle and Bison” (ADT Rule).

In a Nov. 4 letter to USDA, ALMDA requested that the implementation or enforcement of the ADT Rule be delayed at least 180 days to ensure USDA, state animal health officials, veterinarians, tag manufacturers, and the entire industry are fully prepared support the ADT Rule in a way that does not reduce industry traceability, slow speed of commerce, or increase costs for livestock markets and dealers.

ALMDA, working alongside livestock markets, dealers, order buyers, veterinarians, and state animal health officials, has identified a number of issues with the implementation plan and has communicated these to USDA officials. In September, ALMDA provided USDA with data that illustrated potential issues with the ADT Rule. As the implementation date has approached, the issues ALMDA identified are becoming a reality.

“USDA has not responded to our specific concerns. Unfortunately, the limitations we have identified are coming to fruition, reducing the cattle industry’s traceability capabilities,” ALMDA leaders wrote in the letter. “Today, on the eve of the implementation date, the problems we identified remain unresolved.”

ALMDA Chair Bryan Forester, a livestock market owner from Texas, said the association understands the need to protect the U.S. livestock industry, as well as the intent of the ADT Rule to make the traceability process faster and more accurate. However, he said livestock producers, tag suppliers, and state animal health officials have acknowledged they are not prepared to implement the rule. As such, delaying the rule implementation or enforcement would be best, Forester said.

ALMDA supports animal disease traceability and the role traceability has in protecting the U.S. livestock supply. Livestock markets and dealers are already subject to a range of state and federal traceability requirements across all livestock species.

Livestock markets and dealers routinely cooperate with tracebacks for a variety of animal health diseases. Based on this experience, livestock markets and dealers understand the need for both speed and accuracy in conducting tracebacks.

Lawsuit filed challenging rule

Representing ranchers Rick and Theresa Fox and Kenny and Roxie Fox of South Dakota and Tracy and Donna Hunt of Wyoming, as well as R-CALF USA, South Dakota Stockgrowers Association, and the Farm and Ranch Freedom Alliance, the New Civil Liberties Alliance (NCLA) filed last week a complaint against the USDA and APHIS for its “unlawful new rule.”

NCLA is urging the U.S. District Court for the District of South Dakota to halt an “illegal attempt” to eliminate an already-in-place efficient means of cattle identification. The rule, according to NCLA, imposes financial and practical burdens, particularly on smaller and independent cattle producers.

“USDA and APHIS are pursuing their objectives without any regard to the statutory limitations placed on them by Congress. Sadly, in this instance, America’s ranchers have been left holding the bag and footing the bill for this unlawful rule,” stated Kara Rollins, litigation counsel of NCLA.

Announcing the lawsuit earlier in October, R-CALF USA Chief Executive Officer Bill Bullard said that his organization had exhausted all available remedies with USDA.

“We will soon be asking our third branch of government – the U.S. judicial system, to intervene to protect the freedom, liberty, and independence of the American rancher,” Bullard said. “As unfortunate as it is that we must fight our own government to preserve the independence of our U.S. cattle producers, the time to do so is now.”