SENATE DOCKET, NO. 235 FILED ON: 1/12/2009
SENATE . . . . . . . . . . . . . . No. 376
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act relative to farm protection..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
The Commonwealth of Massachusetts finds the following:
(A) This Commonwealth has entered into agreements with the federal government of the United States, and otherwise may have participated in establishing a National Animal Identification System (hereinafter “NAIS”).
(B) Neither the United States Department of Agriculture nor the Massachusetts Department of Agricultural Resources (hereinafter “MDAR”) has demonstrated any scientific findings that the NAIS will prevent the spread of diseases of animal origin to humans or to other animals, or will benefit animal or public health.
(C) Sustainable animal husbandry practices, which include adequate space, appropriate feed, and access to pasture, fresh air and sunlight are important in promoting animal health and thus preventing the spread of diseases of animal origin.
(D) The establishment of NAIS is detrimental to small and sustainable animal husbandry farming operations, individual ownership and raising of livestock, and the citizens of this State.
Section 1: Cooperative Agreement Termination
MDAR shall withdraw any pending application for USDA NAIS Cooperative Agreement funding for FY 2007; or, in the event that the USDA already has granted funding and a Cooperative Agreement for FY 2007 already has been executed, MDAR shall return any FY 2007 funding to the USDA and rescind any existing Cooperative Agreement for FY 2007.
Section 2: Citizens Data Upload Termination
MDAR shall immediately cease sending data on the Commonwealth’s citizens and animal premises to the USDA National Premises Information Repository.
Section 3: Notification and Data Removal
MDAR shall: (a) immediately notify all citizens whose premises information previously has been submitted to the USDA National Premises Information Repository without their specific authorization; and (b) develop a procedure with the USDA whereby such Massachusetts data will be expunged from the USDA National Premises Information Repository.
Section 4: Official animal identification programs prohibited; exceptions.
(A) Except as provided in subsection (B), unless specifically authorized by law, the MDAR shall not establish or participate in:
(1) Any program of livestock animal identification;
(2) Any program of registration of premises on which livestock is held.
(B) Subsection A does not apply to any program for the control of the following diseases, to the extent of the Commonwealth’s participation in the program on the effective date of this section:
(1) Tuberculosis;
(2) Brucellosis;
(3) Johnnes’ Disease;
(4) Pseudorabies;
(5) Equine Infectious Anemia;
(6) Transmissible spongiform encephalopathy’s (TSE’s), including Bovine Spongiform
Encephalopathy, Scrapie, and Chronic Wasting Disease.
Section 5: Protection Against Discrimination
No person or government entity may condition a service, benefit, license, payment, or permit on participation in the NAIS or any substantially similar federal, state, or private program.