National Animal Identification System: USDA Needs to Resolve Several Key Implementation Issues to Achieve Rapid and Effective Disease Traceback

In September 2010, USDA presented a new framework for tracking the interstate movement of farm-raised livestock and poultry to replace the voluntary National Animal Identification System (NAIS) and, in an August 2011, USDA issued a proposed rule for mandatory animal disease traceability. In the proposed rule, which applies to cattle and bison, sheep and goats, swine, horses and other equines, captive cervids (e.g., deer and elk), and poultry, USDA noted that NAIS had become a barrier to achieving meaningful animal disease traceability; although there was some support for NAIS, the comments USDA received were highly critical of the program and of having data maintained by the government. The new framework and proposal give States and Tribes primary responsibility for tracking and maintaining data on animal movement; States may also register premises, but premises registration is not required. For most species, according to the proposal, tracking builds on the traceability-related requirements in existing disease eradication and documentation requirements. For example, USDA notes that in the National Scrapie Eradication Program (NSEP), 92 percent of the cull breeding sheep are officially identified at slaughter, primarily using flock identification eartags. Most new requirements relate to cattle, where USDA believes that disease tracing capabilities are inadequate. The proposed rule presents a phased-in approach working with States and Tribes and starting with cattle 18 months of age or older, with benchmarks for covering all cattle by 2015. Because there are only a few regulations in place for horses and other equines, the proposal also contains new requirements for equines; it also addresses the traceability gap regarding moving poultry to live bird markets. Because participation will be mandatory, we believe USDA's actions achieve the intent of this recommendation.

USDA has set priorities for implementing animal identification/traceability in the new framework document and the August 2011 rule. Currently, the highest priority species is cattle--specifically, traceability will be required initially for beef and dairy cattle 18 months of age or older, with benchmarks for covering cattle under 18 months old by 2015. Aquatic animals are the lowest priority. USDA includes aquatic animals in its definition of livestock and their inclusion in the traceability regulation will be considered as the National Aquatic Animal Health Plan in implemented. For most other species (e.g., sheep, goats, swine, and poultry) will move forward as States and Tribes proceed because the new framework and rule build on requirements in existing disease eradication and identification programs for those species, many of which provide traceability components. The rule sets implementation steps specific to each of the covered species. We believe that USDA's actions in setting priorities under the new framework achieve the intent of this recommendation. Since NAIS has been terminated, the NAIS species working groups were not involved; for the new framework, USDA consulted industry, State officials, and other stakeholders through numerous meetings and listening sessions across the country.

Unlike NAIS (now terminated), the new traceability framework and August 2011 rule are designed specifically to integrate existing USDA and State animal disease eradication programs, such as scrapie for sheep and goats and chronic wasting disease for cervids. Under the new framework, USDA removed brands as an official form of identification, but left States the discretion to use brands, if both the shipping and receiving States agree. Currently, 14 States accept brands on livestock movements within their own State. The new framework is intended to integrate with USDA's and States' animal disease tracking programs and it allows brands to be used as identification between States that have agreed to branding; thus, it accomplishes the intent of this recommendation.

The terminated NAIS program required animals to be identified using radio frequency identification devices (RFID), which were viewed by cattle producers as expensive and having readability issues. Under the new framework, RFIDs are not required. USDA has designated the following official devices: for poultry, a group or lot identification number (GIN) or a sealed and numbered leg band, which are consistent with the National Poultry Improvement Plan (NPIP) regulations, and will not require a change for most producers; for sheep and goats, any approved device/method under the scrapie regulations, such as electronic implant, official eartag, USDA backtag, official registry tattoo, or premises identification eartag; for swine, any device or method approved under the existing requirements for interstate movement of swine, such as official eartag, USDA backtag, official swine tattoo and other tattoos, or ear notching; for equines, any device or method currently used to identify horses and other equines, such as detailed description, an electronic International Organization for Standardizations (ISO)-approved device, or digital photograph; for captive cervids, primarily eartag, with some exceptions; for cattle and bison, an eartag, which USDA will provide, although other devices, including branding, may be used if both states agree. The August 2011 rule lists tracking devices traditionally used for the covered species, and USDA and industry have experience with their performance, which achieves the intent of this recommendation. Electronic devices, such as transponders with microchips, must be ISO compliant. USDA and industry have experience with the performance of the animal ID tracking devices allowed under the new framework, which achieves the intent of this recommendation.

NAIS had a 48-hour traceback goal for all species and diseases. Under the new framework, timeframes for traceback are species-specific, but not disease-specific. According to the framework and the August 2011 proposal, baselines and performance standards/goals were developed in consultation with stakeholders and in consideration of views of States, Tribes, industry groups, and representatives of small and organic farmers, obtained through extensive outreach. The framework and August 2011 rule propose using information required under several other livestock regulations that were already in place for disease monitoring or identification for captive cervids, equine, poultry, sheep and goats, and swine. To help ensure current data on animal movement for disease traceability, USDA is helping States and Tribes electronically maintain these data or it will keep the data, if the State/Tribe requests it. Because of the significant void in traceability for cattle, the identification and documentation of cattle moving interstate are being phased in. The new framework provides approximate timelines for establishing benchmarks and baselines for cattle. The August 2011 rule states that species-specific traceability performance standards will be established in future rulemaking, after States and Tribes have had experience with the framework. USDA expects to reach a 48-hour timeframe for cattle traceback by 2015. We believe USDA's actions largely achieve the intent of this recommendation.

USDA determined that States and Tribes will primarily maintain disease traceability data under the new framework, to address some of the privacy concerns that industry raised with NAIS. Under the framework and the August 2011 rule, States or Tribes must keep the data from the ear tags or leg bands for 5 years and make it available to APHIS during a disease event or an audit. While these data will provide disease traceability for most species, USDA is phasing in the requirements to address traceability for cattle. Through regulation, all livestock moved interstate will have to be officially identified and accompanied by an interstate certificate of veterinary inspection (ICVI) or other official documentation. Livestock facilities will have to keep a copy of the ICVI or alternate documentation for 5 years. USDA?s framework identifies the authorized methods of official identification for each species that must be accepted by all States and Tribes, thereby ensuring national uniformity. Identification and documentation requirements will be phased in for some classes of cattle to allow adequate time to ramp up compliance and enforcement efforts. Because the federally-required information includes, at a minimum, species and approximate age or date of birth, and it requires States, Tribes, and livestock facilities to maintain data for 5 years, the new framework achieves the intent of this recommendation.

USDA conducted the recommended cost assessment for NAIS, which estimated the cost of full implementation at $200-300 million per year between industry and government. That was a critical reason why USDA terminated NAIS and developed the new disease traceability framework. USDA has prepared a cost-benefit analysis and an initial regulatory flexibility analysis for the August 2011 rule. USDA implemented this recommendation.