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NAIS Has Its First Official Resister--Michigan Responds with a Farm Quarantine and Threat of Jail

It’s been only a few hours since the National Animal Identification System (NAIS) made its voluntary-to-required debut in Michigan, and already a farmer is challenging its underpinnings. The Michigan Department of Agriculture (MDA) quickly responded by quarantining his farm.

Here is what happened: Greg Niewendorp, owner of a 160-acre farm in East Jordan in the northern end of the lower peninsula, made good on his pledge, stated in my “Farmers Say No to Animal Tags” BusinessWeek.com article in December, to resist all MDA orders related to NAIS. So when MDA reps came around a few weeks back to test his 19 cows for bovine tuberculosis, he refused to allow the testing.

Since MDA has justified its requirement that all cattle wear radio frequency identification (RFID) tags to comply with NAIS on the basis of using the national program to fully eradicate bovine TB, Niewendorp decided that the time had come to make his stand. “Michigan is being used as a model to implement NAIS,” he told me.

“I have been under a whole-herd (TB) test program for six years,” he said. “This year I refused it.”

Why this year? "I made a decision I was going to refuse to comply, and bring this to a focal point and show that there are those of us who are not going to go along with" the government's agenda. The quarantine doesn’t have a practical effect on Niewendorp’s farm business, since he doesn’t trade cattle and thus doesn’t have animals leaving and arriving. He breeds his own cattle, and sells meat directly to consumers.

But the quarantine could have a huge legal impact on him, since non-compliance with the bovine TB test can lead to a felony charge, with conviction resulting in a jail sentence of up to five years and a fine up to $50,000.

Niewendorp responded to the MDA’s action with a five-page letter in which he demands that the MDA provide evidence that bovine TB is contagious, and that his particular farm is at risk.

He also warns MDA “that your department is not to enter onto my farm without a properly executed search warrant since any entry by your department would be to obtain criminal evidence which mandates a search warrant.”

He expresses concern that his cattle could be placed at risk by the bovine TB test for actually contracting the disease. “I require clear scientific evidence showing that there is no risk to any of my cattle of such experimental injections and an agreement by the state to indemnify and hold me harmless from any unseen or unintended consequences arising from such injection…”

Niewendorp is clearly a man of his word. One question: Will other farmers take a similar stand?
Posted on Thursday, March 1, 2007 at 10:22PM by Registered CommenterThe Complete Patient in | Comments101 Comments

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Reader Comments (101)

Kudos to Greg Niewendorp for making a stand!!!

And kudos to David Gumpert for continuing to follow important stories like this.

NAIS needs more public attention and the efforts of Greg and David are truly appreciated.
March 2, 2007 | Unregistered CommenterDan Corrigan
Greg Niewendorp's plight is emblematic of how the government is actually harming its ability to manage livestock diseases by insisting upon the over-the-top approach of NAIS. Any number of livestock owners who, like Niewendorp, formerly were open to complying with government demands, now are resistant to government livestock programs because NAIS proves that the government knows no boundaries in interfering with our daily lives. If livestock owners unite in resistance to NAIS, the government will have to end this unrealistic program, which has been rightly called the USDA's "Katrina."
March 2, 2007 | Unregistered CommenterMary Zanoni
In my estimation the USDA's NAIS is more similar to the Waffen SS for animal owners. I am grateful that people are resisting and we -all- need to resist. The only legitimate reason for source verification is international trade under the SPS agreement and it can be met by private comapnies with Dept of Ag verification. The only entities to benefit from NAIS are packers, tech companies, corporate ag and governmental bureaucracies and taxing departments. We don't need it, and it should not be allowed unless the government comes right out and tells us we are no longer a constitutional democratic republic, but now a fascist corporate oligarchy.

Yeah, I have some feelings about it.

March 2, 2007 | Unregistered CommenterDoreen
One of the biggest backers for the NAIS system is Farm Bureau. People will ask "If Farm Bureau is for this, they must have the farmers' welfare in mind, right?" Think again! The proposed fine for farmers if they don't promptly report an animal under the system being slaughtered, dies, or is rustled (yes, we do still have rustlers) is $1,000 per day per animal. Where does Farm Bureau make their money? Selling insurance, of course. So now they could sell insurance to farmers to keep them from losing everything they own if they get slapped with a heafty fine. Greg is absolutely right to oppose these goons. Thank you Greg, and thank you, Mr. Gompert for writing about these issues.
March 2, 2007 | Unregistered CommenterLee
NAIS is dangerous and we must all take a stand against it and the government offices, corporations and organizations that support it to gain control over our lives and line their own pockets.

Enough is enough!
March 2, 2007 | Unregistered Commenterkim
After writing to one of our State of Washington Representives about stopping Nais, his reply letter said....'That is NOT a state matter, but a Federal one', and suggested I write to our Senators, 'been there, done that', ...and their reply was a 'Pat on the head' saying they would take care of it! I'll just bet! I think they are forgetting who elected them, but then again, maybe the oprative words are "WHO PAID FOR THEM" That seems to be the way of things these days! Money, Money, Money....If you have lots you're 'IN' ...If don't you're SUNK!
Keep on fighting guys, the battle is worth the blood!
March 2, 2007 | Unregistered CommenterSara Jo Renfroe
History lessons
1938---NAZI Germany makes law that a certain segment of society (the Jews) must register their property with the govt. It was a massive data base that worked! The Gestapo planned their raids on the families that had the best stuff. We all know the rest of the story followed with the Holocaust.

Present day America--- Currently the only segment of society required to register their premises and report their movements to the govt. are convicted sex offenders/ child molesters. Cost of technology to track them is paid for by our tax dollars.

2009- Another segment of society fall into the same category as the two mentioned above. Those who own even one chicken, pet potbelly pig in suburbia, pony or other livestock will be required to register their premises and report their movements with their animals to the govt. Births and deaths included. There will be massive fines for reporting later than 24 hrs. ($1000/day in Texas) Cost of technology for this program to be paid by animal owners.

If animal disease is suspected, all in 6 mile radius could lose their animals to depopulation (killing). At least the sex offenders get to keep their pets!

Is that enough history to prove that NAIS is a bad idea? This short history lesson does not even address the Constitutional and religious freedoms that will be trampled on if NAIS is not stopped, nor the negative economic impact it will have.

Check out nonais.org for more info about NAIS and how it will affect even those who do not own livestock but eat meat.

March 2, 2007 | Unregistered Commentersbarackman
All I can say is I admire this fella for having the kahoonas to call the govt on this unlawful act! There is a time to talk; and a time to work within the system to change the system; but when you run the course and the game is rigged against you then you must choose to either put up or shut up,

this fella has decided to challenge the SS,I wish him success and pray that when the time comes I too will be ready to lock and load.
March 2, 2007 | Unregistered CommenterREB
Hooray for Mr. Niewendorp. It not only takes courage to do what he's doing, but he's going to take a financial hit to some extent as well.
I wanna put my money where his mouth is, so my check of support is in the mail to you, directly, Greg.
Keep fighting!
March 3, 2007 | Unregistered CommenterSW Wisconsin
Cry me a river well you, oh boo who, listen you dumb hicks and you know who you are. I have a question for you, what would happen if I took a gun and killed 166 people every year? I would be consider a threat and put into prison, perhaps even put to death. But in either case I would be stopped. Or what if I went around and poisoned 73,000 people you guessed it I would be put in prison. Well guess what folks 166 deaths and 73,000 poisoning were committed on average every year by farmers and food harvesters. Those are my statements they are facts look them up on line yourselves. Now, I don’t know about you but me as a consumer I would like to know that the food I am buying is safe for me and my children to eat. I read this article and I see a farmer who is hiding something. So I have two scenario’s

1st: A terrorist organization (home grown or otherwise) gets their hands a some bio poison or make a bio-hazard poison (bacteria, or viral either can be done with a simple high school science course) spray this into the field, a field’s water supply or on your farm animals, without your knowledge, you harvest these animals or crops without know they are poisoned and then the harvested product gets into the food supply for human’s. People get sick some die, yet there is no way to know where to food was poison at for sure. Was it at your farm, on the truck on the way to the processing plant, did the migrant works pass this poison on the harvest as it was processing. You think about that

2nd Some people get sick a few die, it is discovered they all ate the same can of beans from the same company, that company is searched and everything turns out that it is all right, afterward it is discovered that the tainted beans came from your farm. This company is now being sued for Billions of Dollars, however you are now named in the lawsuit because you supplied the tainted beans, guess what, you lose again. The Lawyers will win they get lots of money, those packers and food processors may go out of business but only the workers will suffer because they lose their jobs, the execs are all protected by the Incorporation law’s, you lose your farm, and your respect in your town. Think about that.

Now if a traceback system could help in the following ways:
1) to quickly locate the source of the containment (in hours not days or weeks)
2) to clear those are not responsible (think about all those spinach farmers whose crops were ok, but still lost their crop because of 1 farms poor management)
3) to track food back to the source, was it harvest as promised, did the clam come from a clean bed, the fish from a good area, is the orange that says Florida grown come from Florida or from Brazil
4) Are you responsible for my child’s sickness or am I
5) Did you taint the food or did some one else

Sorry but if it means that a traceback system will insure that the source of food condemnation can be found faster and save lives, prevent good products from being remove from the food supply while targeting only the bad products I am all for it. I understand you not trusting the government but perhaps if a private company was do the date-storage and you the farmers were able to use it, and we the consumers can then know our food is safe for our children I am all for it.

David
March 3, 2007 | Unregistered CommenterDavid
Greg Niewendorp is a true patriot for standing his ground and resisting the unconstitutional demands of a government that has come to have little respect for the people it governs as well as its own laws and founding principles. Hopefully the government will back down, since the criminal in this situation is the government, not Mr. Niewendorp.

It's time that the real criminals, those politicians and judges, from the presedent on down, who've perjured themselves by swearing to uphold the Constitution, and then working to pass and support unconstitutional progams, or make decisions that ignore the Bill of Rights, etc., are tried, or at least removed from office, for their treasonous crimes.

Getting back on-topic, hopefully others will follow the brave lead of Mr. Niewendorp in Michigan and resist as well. Let's all contact the Governor of Michigan to voice objections to what's going on, letting her know, in no uncertain terms, that people are angry.

Alas, there are still people saying, in essence, that we're worrying about a problem that doesn't exist yet, or who are determined to keep trying to influence others on on-line message boards, such as http://www.equinestudies.org/cgi-bin/esi_bbs
/netboardr.cgi?fid=102&cid=101&tid=184, that the NAIS is necessary, and not understanding the constitutional significance of this matter.

March 3, 2007 | Unregistered CommenterR. D. Davis
Having just seen that posting from someone named "David", it appears that he's either (a) a brain-dead city-slicker who has no good understanding of where food comes from, (b) a government "PsyOp", (c) someone from the USDA or some large agribusiness that would profit from the NAIS, etc. The NAIS will do nothing to protect or insure food safety, but then we all know that.
March 3, 2007 | Unregistered CommenterR. D. Davis
No I am a consumer, I am a software programmer but I also know from personal experience about food safety. Now if you feel that this will do nothing about food safety fine that is your opinion. However, consider this, who should be accountable for contaimatied food, lost wages for the poor people who ate this food, lost jobs from companies whose product was contaimatied, or deaths cause by this. It sounds to me if you would rather pass the blame to everyone else. So here is an idea for you we put on all food you sell or all food grown this sign "Eat at own risk" I wonder how many would buy.

David
March 3, 2007 | Unregistered CommenterDavid
Oh and by the way per your own statement "...Alas, there are still people saying, in essence, that we're worrying about a problem that doesn't exist yet..." so you admit that there is a problem we just don't have it yet so I ask you this when do you solve the problem. Before people die or after people die, if this will save lives and reduce cost of finding problems I am all for it. It seems to me you would rather push you bad products on the market in hopes that no one will die or get sick... that makes me wonder what are you afraid of

David
March 3, 2007 | Unregistered CommenterDavid
David, you simply need to chill a bit. First of all, it's unbecoming to call people names. And if WE know who WE are, why don't you stand up for your opinions and sign your name? Second, if you want to get your food from large commercial establishments and want the "security" that NAIS may or not provide (in Michigan, the government's rationale is not anti-terrorism, it's TB control, and it's simply unnecessary in Michigan since the TB issue is being successfully managed much less intrusively), then more power to you. The anti-NAIS concern as I see it is all about choice in this supposedly free country. Those small farmers who don't want NAIS intrusions are not selling to Tyson, etc. They typically sell to a small group of local customers who prefer to know where their meat (and other food, like raw milk) comes from. So relax, with your level of concern it's pretty sure that you won't choose to be eating their food anyway. As informed consumers, anti-NAIS advocates and their farmers just want the freedom to have the choice to be outside the NAIS system The problem is that the government, apparently with the encouragement of big-ag interests who don't want ANY competition, is attempting to squash that freedom of choice. It's a big country. There's room for us all.
March 3, 2007 | Unregistered CommenterSteve Bemis
David, what you need is a good swift kick from a horse to knock some sense into you. I'd rather see dolts like you, who have no respect for the bill or rights and who would have horses, or other animals, harmed or killed needlessly due to government lunacy, starve or get food poisoning than have the government forcibly chip and track horses and other animals. The rest of us who've been posting here about this have spent years researching the NAIS, and we know that it can cause far more harm than good, and that the program is unconstitutional. Do some research and learn the facts before you start spouting off.
March 3, 2007 | Unregistered CommenterR. D. Davis
OK. "David" who posted on March 3... perhaps you can provide the sources for the stats you touted as truth. I think if YOU take a close look you might be surprised. I agree there are problems with farmers and accountability, and I think we need to work hard to address the preventable deaths and injuries caused by food consumption. I just don’t believe that mandatory NAIS is the solution and you letter does not present any evidence of HOW it will work any more than the poorly presented arguments from the USDA and MDA on the subject. Farmers like Mr. Niewendorp don’t put their livelihoods, and their freedom, at risk without good reason. Your implications, conclusions and predictions seem to be based on irrational assumptions and incomplete information. They maybe even seem like an emotional and desperate attack of someone with an ax to grind.

Surely a smart guy like you realizes that there is no way of completely assuring that there will never be a food related death or injury, there are just too many variables from the time the food is planted or birthed until the time it ends up in the consumer’s stomach. Even the overall health of the consumer is a factor. As well, I would guess that someone of your intellect would realize that VAST MAJORITY of food related illness and deaths are the result of factory farmed foods, not foods from small local farmers, like Mr. Niewendorp’s.

Most importantly, I would guess that anyone with neurons firing at the speed yours do would realize that the MDA and UDSA and other government agencies are probably the least likely sources of REAL protection for either the “dumb hick” or “city know-it-all” such as yourself.

You seem to believe that their mandated NAIS, which Mr. Niewendorp is resisting will help your family stay safe from terrorist attacks while also protecting the poor, helpless bean farmers. I wish you could explain how NAIS will do that… especially since people only get sick after meat is processed and once it has been processed it is no longer tagged with this magic tag. And for the record, farmer Niewendorp only sells his beef directly to customers, so your family would not be in any danger should his beef be contaminated. Oh, but perhaps in your judgment you failed to read that part.

As for your implication that killing 166 people a year and making another 73,000 ill landing you in jail, well perhaps it would land you in jail UNLESS you were the United States Food and Drug Administration. According to peer-reviewed studies published the most well respected, ENTIRELY MAINSTREAM, medical journal in the world, FDA-approved prescription drugs injure 2.2 million and kill approximately 100,000 Americans each year. More realistic estimates put the number of deaths at over 200,000 people annually in the United States alone (see Death By Medicine for detailed statistics). A single drug, Vioxx, according to senior FDA drug safety researcher Dr. David Graham, appears responsible for the deaths of over 60,000 Americans.
FDA-approved prescription drugs have killed millions Americans.

The FDA says the benefits outweigh the consequences. I wonder what a poll of the dead victims families would yield. But that is a story for another day. What I want to point out is that the FDA works hard to keep me from accessing raw milk, even though I am convinced beyond a shadow or a doubt that the very minimal risk of getting sick from it is outweighed by the benefits. This does not matter to the FDA any more than the FACT that outbreaks of disease related raw milk are virtually non existent in comparison to pasteurized milk.

My point here is simple. If you want to protect your family, by all means do so. If you want to do that by following the opinions of government bureaucracies that can be heavily influenced by stakeholders far more intrigued by your pocket book than your health, have at it. Just don’t get in the way of letting me, and Mr. Niewendorp, and his loyal consumers protect our families in the way that makes sense to us.

Michigan does not need a mandatory NAIS for YOUR food sources to be safe. You can always choose NAIS participating farmers. All we are fighting for is the same right of choice.
March 3, 2007 | Unregistered Commenterjulie k
1st the information stats I used are online look them up your self, use google if you want there is plenty out there on both sides of the issue. 2nd as for Mr.Niewendorp, if he wishes to operate in a closed system to consumers who wish to purchase is product freely find I have no problem and agree that if his product is not for public consumtion, however the reality is that Mr.Niewendorp could not operate in a close system, people will either share the food with others friends or family. Now as for this being a perfect solution it is not, all the NAIS does is save time in tracing bad product to the source, and thus save small farmer like Mr.Niewendorp who have kept up with good farm management system from losing their farms because Joe down the street sold poison beef. So I have this question, how many small farmers lost how much money because 1 field of tainted spinach in Calf. Would you like to explain how a system such as NAIS could clear their crops and animals for sale is bad. I know that there are problems with the system, I for one don't like the fact the government will be able to look at these records without cause, I feel there should be a check on that, I also feel that if a Farmer does not want his animals in the system, and he has no intention of using those animals other then personal use fine and more power to him. However consider this in 1988 a indoor bridge collaspe in St. Louis killing 19 people. Now by your logic no one should be respondsible since the bridge was already completed. However when investigated it was discovered that the design of the bridge was changed by the builder without the engineers knowledge, this change made the bridge unsafe. What does this have to do with Mr.Niewendorp well I would wonder how Mr.Niewendorp would feel if at the 4th of July pinic 19 children who ate hamburgers made from his cows died. Would you still say Mr. Niewendorp is not respondible because the cow had was butcher by Joe, and Joe would say he is not respodible because hambugers were cooked by you. Sorry but like the construction company who made the changes on the bridge found out, some one needs to be responsible for their actions. NAIS may not be perfect but it could save both time and money for small farmers who have done nothing wrong while bringing to light those who have cut corners to save money and indangering others down the line.

David
March 3, 2007 | Unregistered CommenterDavid
Obviously this "David" person is a shill who is attempting to distract everyone from discussing and being supportive of Greg Niewendorp and others in Michigan who may soon face a similar problem; let's just start ignoring the postings of this "David" since he's obviously unwilling to listen to reason and just wants to keep an arguement going to divert our time and energy from more important things.

Perhaps some building or farming center or somesuch, or a charitable foundation for suporting people farmers who've run into problems with mindless government bureaucracy and laws, should be named after Gred Niewendorp when all of the dust settles, since he was brave and honorable enough to do what he's doing. Anyway, we need to give Mr. Niewendorp our support, particularly if he runs into any legal problems.
March 3, 2007 | Unregistered CommenterR. D. Davis
R.D. your own words "...Alas, there are still people saying, in essence, that we're worrying about a problem that doesn't exist yet...", you admit there is a problem your solution seems to be to ignor the problem and maybe it will go away, I do support what Mr. Niewendorp is doing, but I am willing as a consumer to see it from the other side to, it sounds to me that you only believe in freedom when it from your point of view and at what ever it cost someone else. I support freedom for all, and I believe we should all be respondsible. I as a programmer often have to write code to keep data from being shared to the wrong people while protecting your freedom to use the internet and computer. Should I say to a client you can not have a program that prevents employees from using their bosses computer for personal internet surfing. Well R.D. I tell you what I have a client who now has to pay $50,000 fine for 2 employees rent Blockbuster movies and buring copies on his machines. that fine has put him and his 25 employees out of work. who do you blame
March 3, 2007 | Unregistered CommenterDavid

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