HR 2301 IHCommentsClose CommentsPermalink

To establish a Livestock Identification Board to create and implement a national livestock identification system.CommentsClose CommentsPermalink

May 14, 2007

Mr. KING of Iowa introduced the following bill; which was referred to the Committee on AgricultureCommentsClose CommentsPermalink

To establish a Livestock Identification Board to create and implement a national livestock identification system.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Livestock Identification and Marketing Opportunities Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) For purposes of animal health investigation and surveillance, there needs to be an identification system that can trace animals from the time of first movement of the animal from its original premises to the time of slaughter of the animal in less than 48 hours.CommentsClose CommentsPermalink





(2) The beef industry estimates that the United States cattle industry lost approximately $3,000,000,000 in export value on beef, beef variety meats, hides, and tallow during the 12 months since a December 2003 diagnosis in the United States of bovine spongiform encephalopathy. A livestock identification system may have prevented some of this loss.CommentsClose CommentsPermalink





(3) In order to be as efficient as possible, the livestock identification system needs to be automated and electronic with participants using compatible technologies.CommentsClose CommentsPermalink





(4) The livestock identification system needs to be flexible enough to adapt to changes in technology and to the demands of the industry and the markets.CommentsClose CommentsPermalink





(5) The best technology available should be used for the livestock identification system while still allowing for registration into the system for livestock owners who are economically disadvantaged.CommentsClose CommentsPermalink





(6) Confidentiality of information on animal movements, sales, and ownership is necessary to ensure that livestock owners have the confidence to comply with and fully participate in the livestock identification system.CommentsClose CommentsPermalink





(7) Besides animal disease surveillance, the livestock identification system should provide a commercial information exchange infrastructure that would allow for enhanced marketing opportunities.CommentsClose CommentsPermalink

SEC. 3. LIVESTOCK IDENTIFICATION BOARD.

(a) Establishment- There is established a board to be known as the `Livestock Identification Board'.CommentsClose CommentsPermalink





(b) Duties- The duties of the Board shall be to--CommentsClose CommentsPermalink





(1) establish and maintain an electronic livestock identification system that--CommentsClose CommentsPermalink





(A) is capable of tracing all livestock in the United States from the time of first movement of the livestock from its original premises to the time of slaughter of such livestock in less than 48 hours;CommentsClose CommentsPermalink





(B) tracks all relevant information about the livestock, including--CommentsClose CommentsPermalink





(i) the livestock identification number or the group or lot identification number for the livestock, as applicable;CommentsClose CommentsPermalink





(ii) the date the livestock identification number or the group or lot identification number was assigned;CommentsClose CommentsPermalink





(iii) the premises identification number;CommentsClose CommentsPermalink





(iv) the species of the livestock;CommentsClose CommentsPermalink





(v) the date of birth of the livestock, to the extent possible;CommentsClose CommentsPermalink





(vi) the sex of the livestock;CommentsClose CommentsPermalink





(vii) any other information the Board considers appropriate for animal disease surveillance; andCommentsClose CommentsPermalink





(viii) any other information that the person who owns or controls the livestock voluntarily submits to the Board;CommentsClose CommentsPermalink





(2) maintain information obtained through the livestock identification system in a centralized data system; andCommentsClose CommentsPermalink





(3) determine the official identification technology to be used to track animals under the livestock identification system.CommentsClose CommentsPermalink





(c) Powers- The Board may--CommentsClose CommentsPermalink





(1) prescribe and collect fees to recover the costs of the livestock identification system;CommentsClose CommentsPermalink





(2) establish and maintain a grant program to assist persons with fulfilling the requirements of the livestock identification system; andCommentsClose CommentsPermalink





(3) subject to section 5(b), require the Secretary of Agriculture to--CommentsClose CommentsPermalink





(A) verify that each animal, or group of animals, where applicable, subject to the livestock identification system established pursuant to this section is properly identified upon first entry of the animal into commerce; andCommentsClose CommentsPermalink





(B) for any animal or group of animals that the Secretary determines is not properly identified, identify such animal or group of animals using the official identification technology before such animal or group of animals enters commerce.CommentsClose CommentsPermalink





(d) Membership-CommentsClose CommentsPermalink





(1) VOTING MEMBERS- The Board shall be composed of 7 voting members appointed by the Secretary of Agriculture, in consultation with the Chair and ranking minority member of the relevant congressional committees, of whom--CommentsClose CommentsPermalink





(A) 1 member shall be a representative of cattle owners;CommentsClose CommentsPermalink





(B) 1 member shall be a representative of swine owners;CommentsClose CommentsPermalink





(C) 1 member shall be a representative of sheep and goat owners;CommentsClose CommentsPermalink





(D) 1 member shall be a representative of poultry owners;CommentsClose CommentsPermalink





(E) 1 member shall be a representative of livestock auction market operators;CommentsClose CommentsPermalink





(F) 1 member shall be a representative of meat processors; andCommentsClose CommentsPermalink





(G) 1 member shall be a person actively engaged in the livestock industry.CommentsClose CommentsPermalink





(2) NON-VOTING MEMBERS- The Board shall include 2 non-voting members appointed by the Secretary, in consultation with the Chair and ranking minority member of the relevant congressional committees, of whom--CommentsClose CommentsPermalink





(A) 1 member shall be a representative of the Department of Agriculture; andCommentsClose CommentsPermalink





(B) 1 member shall be a representative of State or tribal veterinarians or State or tribal agriculture agencies.CommentsClose CommentsPermalink





(3) TERMS-CommentsClose CommentsPermalink





(A) IN GENERAL- Each member shall be appointed for a term of 3 years, except as provided by subparagraphs (B) and (C).CommentsClose CommentsPermalink





(B) TERMS OF INITIAL APPOINTEES- As designated by the Secretary at the time of appointment, of the voting members first appointed--CommentsClose CommentsPermalink





(i) the members appointed under subparagraphs (B), (D), and (E) of paragraph (1) shall be appointed for a term of 2 years; andCommentsClose CommentsPermalink





(ii) the members appointed under subparagraphs (C) and (G) of paragraph (1) shall be appointed for a term of 1 year.CommentsClose CommentsPermalink





(C) VACANCIES- Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(4) CHAIR- The Chair of the Board shall be elected by its members.CommentsClose CommentsPermalink





(5) APPOINTMENT- The Secretary shall appoint all members of the Board not later than 45 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(e) Meetings-CommentsClose CommentsPermalink





(1) INITIAL MEETING- Not later than 60 days after the date of the enactment of this Act, the Board shall hold its initial meeting.CommentsClose CommentsPermalink





(2) SUBSEQUENT MEETINGS- The Board shall meet at the call of the Chair.CommentsClose CommentsPermalink





(f) Quorum- 4 voting members of the Board shall constitute a quorum.CommentsClose CommentsPermalink





(g) Pay- Members of the Board shall serve without compensation.CommentsClose CommentsPermalink





(h) Travel Expenses- Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(i) Staff- The Board may appoint and fix the pay of personnel as the Board considers appropriate.CommentsClose CommentsPermalink





(j) Contracts- The Board may contract with or compensate any persons for goods or services.CommentsClose CommentsPermalink





(k) Rules and Regulations- The Board may issue such rules and regulations as may be necessary to carry out this Act.CommentsClose CommentsPermalink





(l) Implementation- The Board shall implement the livestock identification system established pursuant to this section not later than December 31, 2008.CommentsClose CommentsPermalink





(m) Reports-CommentsClose CommentsPermalink





(1) REPORTS REQUIRED- The Board shall submit to the Secretary of Agriculture and the relevant congressional committees regular reports in accordance with paragraph (2) on the status of the implementation of the livestock identification system, including--CommentsClose CommentsPermalink





(A) for each species subject to the system, the number of animals or groups of animals tracked by the system; andCommentsClose CommentsPermalink





(B) the percentage of each animal species subject to the livestock identification system that are tracked by the system, which shall be determined by dividing the number submitted under subparagraph (A) for a species by the total number of animals of such species in the United States.CommentsClose CommentsPermalink





(2) SUBMISSION DATES-CommentsClose CommentsPermalink





(A) INITIAL REPORT- The Board shall submit an initial report under paragraph (1) not later than one year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) QUARTERLY REPORTS- Not later than 90 days after the date of the submission of the initial report in accordance with paragraph (A), and quarterly thereafter until the Secretary determines that this Act has been substantially implemented, the Board shall submit subsequent reports under paragraph (1).CommentsClose CommentsPermalink





(C) ANNUAL REPORTS- Not later than one year after the date on which the Secretary determines under subparagraph (B) that this Act has been substantially implemented, and annually thereafter, the Board shall submit subsequent reports under paragraph (1).CommentsClose CommentsPermalink

SEC. 4. PREMISES IDENTIFICATIONS.

Not later than nine months after the date of the enactment of this Act, the Secretary of Agriculture shall establish a premises identification system for all premises in the United States. The premises identification data shall be made available to the Board and shall include--CommentsClose CommentsPermalink





(1) a premises identification number;CommentsClose CommentsPermalink





(2) the name of the entity that owns or controls the premises;CommentsClose CommentsPermalink





(3) contact information for the premises, including a person, address, and phone number;CommentsClose CommentsPermalink





(4) the type of operation at the premises; andCommentsClose CommentsPermalink





(5) the date the premises number was assigned.CommentsClose CommentsPermalink

SEC. 5. VOLUNTARY PARTICIPATION FOR OTHER ANIMAL SPECIES.

(a) In General- The owner of an animal or group of animals, where applicable, that is not subject to the livestock identification system established pursuant to section 3 may voluntarily subject such animal or group of animals to tracking by such livestock identification system.CommentsClose CommentsPermalink





(b) Enforcement Exemption- The voluntary tracking of such animal or group of animals shall not make the animal or group of animals subject to any enforcement actions of the Secretary required by the Board pursuant to section 3(c)(3).CommentsClose CommentsPermalink

SEC. 6. RELEASE OF LIVESTOCK IDENTIFICATION NUMBERING INFORMATION.

(a) Freedom of Information Act- Information obtained through the livestock identification system established pursuant to section 3 or the premises identification system established pursuant to section 4 is exempt from disclosure under section 552 of title 5, United States Code.CommentsClose CommentsPermalink





(b) Character of Livestock Identification System Information- Except as provided in subsections (c) and (d), information obtained through the livestock identification system or the premises identification system--CommentsClose CommentsPermalink





(1) may not be released;CommentsClose CommentsPermalink





(2) shall not be considered information in the public domain; andCommentsClose CommentsPermalink





(3) shall be considered commercial information that is privileged and confidential.CommentsClose CommentsPermalink





(c) Limited Release of Information Authorized- Notwithstanding subsection (b), the Board may release information obtained through the livestock identification system or the premises identification system (other than information voluntarily submitted pursuant to section 3(b)(1)(B)(viii)) regarding particular livestock if--CommentsClose CommentsPermalink





(1) a disease or pest poses a significant threat to the livestock that the information involves;CommentsClose CommentsPermalink





(2) the release of the information is related to actions the Board may take under this Act; andCommentsClose CommentsPermalink





(3) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary of Agriculture.CommentsClose CommentsPermalink





(d) Limited Release of Information Required-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding subsection (b), the Board shall promptly release information obtained through the livestock identification system or the premises identification system (other than information voluntarily submitted pursuant to section 3(b)(1)(B)(viii)) regarding particular livestock--CommentsClose CommentsPermalink





(A) to the person who owns or controls the livestock, if the person requests such information;CommentsClose CommentsPermalink





(B) to the Secretary of Agriculture for the purpose of animal disease surveillance;CommentsClose CommentsPermalink





(C) to a State or tribal veterinarian or a State or tribal agriculture agency for the purpose of animal disease surveillance;CommentsClose CommentsPermalink





(D) to the Attorney General for the purpose of investigation or prosecution of a criminal act;CommentsClose CommentsPermalink





(E) to the Secretary of Homeland Security for the purpose of national security;CommentsClose CommentsPermalink





(F) to the Secretary of Health and Human Services for the purpose of protection of public health; andCommentsClose CommentsPermalink





(G) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary.CommentsClose CommentsPermalink





(2) INFORMATION VOLUNTARILY SUBMITTED- Notwithstanding subsection (b), on the request of a person who owns or controls livestock, the Board shall release information voluntarily submitted to the Board pursuant to section 3(b)(1)(B)(viii) regarding such livestock to such person or to another person.CommentsClose CommentsPermalink





(e) Conflict of Law- If the information disclosure limitations or requirements of this section conflict with information disclosure limitations or requirements of a State law and such conflict involves interstate or international commerce, this section shall take precedence over the State law.CommentsClose CommentsPermalink

SEC. 7. REPORT ON IMPACT OF LIVESTOCK IDENTIFICATION SYSTEM.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on a livestock identification system, including--CommentsClose CommentsPermalink





(1) the lessons learned and the effectiveness of the animal identification system pilot programs funded in fiscal year 2005;CommentsClose CommentsPermalink





(2) an analysis of the economic impact of a livestock identification system on the livestock industry; andCommentsClose CommentsPermalink





(3) the expected cost of implementing a livestock identification system.CommentsClose CommentsPermalink

SEC. 8. CONFORMING AMENDMENTS.

Subsection (f) of section 282 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a) is amended--CommentsClose CommentsPermalink





(1) by striking `Certification of Origin- ' and all that follows through `To certify the country of origin' and inserting `Certification of Origin; Existing Certification Programs- To certify the country of origin'; andCommentsClose CommentsPermalink





(2) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively.CommentsClose CommentsPermalink

SEC. 9. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) The term `Board' means the Livestock Identification Board established under section 3(a).CommentsClose CommentsPermalink





(2) The term `livestock' means cattle, swine, sheep, goats, and poultry.CommentsClose CommentsPermalink





(3) The term `premises' means a location that holds, manages, or boards animals.CommentsClose CommentsPermalink





(4) The term `relevant congressional committees' means the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.CommentsClose CommentsPermalink





(5) The term `Secretary' means the Secretary of Agriculture.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act $33,000,000 for each of the three fiscal years following the fiscal year during which this Act is enacted.CommentsClose CommentsPermalink