The Evolution of Animal Identification in Beef Cattle

• Publication year: 2021

91 Nebraska L. Rev. 567. The Evolution of Animal Identification in Beef Cattle

The Evolution of Animal Identification in Beef Cattle

Kristy E. Boehler(fn*)

TABLE OF CONTENTS

I. Introduction..........................................568

II. What Brought About the Need for Animal Identification? ........................................570
A. Bovine Spongiform Encephalopathy-"Mad Cow Disease" ..........................................570

III. Brucellosis Vaccination Program ......................574
A. Details of the Brucellosis Vaccination Program..... 574
B. Why It Is No Longer Effective ..................... 576

IV. National Animal Identification System (NAIS)......... 577
A. Details of the NAIS ............................... 578
B. Why the NAIS Did Not Work for Beef Cattle....... 583

V. Animal Disease Traceability (ADT).................... 585
A. Details of the ADT Program ....................... 585
1. Recordkeeping Requirements .................. 586
2. Official Identification.......................... 586
a. Official Identification Devices and Methods . 586
b. Official Identification Requirements ........ 587
c. Use of More than One Official Identification Device or Method.......................... 589
d. Removal or Loss of Official Identification Devices .................................... 590
e. Replacement of Official Identification Devices for Reasons Other than Loss .......590
f. Sale or Transfer of Official Identification Devices ....................................591
3. Documentation Requirements ..................591
a. Information Which Must Be Contained in an ICVI....................................... 592
b. Interstate Movement of Beef Cattle......... 593

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c. Individual Identification of Beef Cattle on the ICVI...................................594
4. Preemption....................................595
B. Praise and Criticism of the ADT Program............596
C. Animal Disease Traceability: A Failing Proposal ...598

VI. Conclusion............................................599

I. INTRODUCTION

The United States' beef cattle industry's recent past has been plagued by a lack of a national animal identification system. The lack of a national animal identification system has made it difficult, if not impossible, to track a diseased animal back to its farm of origin or determine what other cattle have been in contact with the diseased animal. In fact, during the investigation of the December 2003 Bovine Spongiform Encephalopathy (Mad Cow Disease) outbreak, the lack of a national animal identification system meant that the United States was only able to locate twenty-eight of the eighty cows that entered the United States with the diseased cow.(fn1) The United States Department of Agriculture (USDA) attempted to fix this problem in 2004 with a voluntary national animal identification system (NAIS).(fn2)When the NAIS proved to be unsuccessful, the USDA proposed a mandatory animal identification system in August 2011 referred to as the Animal Disease Traceability (ADT) program.(fn3) This article will analyze the new mandatory animal identification system in the context of the system that failed in the past.

The beef cattle industry in the United States is widespread, with a presence in every state, and includes a large number of individual farming operations.(fn4) As of January 1, 2011, there were 30.9 million beef cows in the United States being raised on 742,000 farming operations.(fn5) The majority of beef cattle operations in the United States would be classified as smaller operations.(fn6) In fact, nearly one third of

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beef cattle operations have fewer than ten cows, with over half of all beef cattle operations having fewer than twenty cows, and almost 80% of beef cattle operations have less than fifty cows.(fn7) Conversely, large operations(fn8) account for just over 9% of all beef cow operations in the United States, yet these large operations produce over 54% of all beef cows in the United States.(fn9)

The vast majority of cattle operations have less than fifty cows.(fn10)The small size of these operations and the increased cost in finishing calves for slaughter results in nearly 80% of calves being sold within sixty days of weaning.(fn11) Most of these calves are shipped to large commercial feedlots where they are finished for slaughter.(fn12) These statistics illustrate that in order for a nationwide animal identification system to be effective in the United States, it must be flexible enough for implementation by a wide array of beef cattle operations.

The lack of a uniform, nationwide animal tracking program in the United States makes it difficult to estimate the number of cattle that are moved interstate in any given year. States do, however, track in-shipments or the number of cattle that are shipped into the state during the year.(fn13) It is important to note, however, that the inshipment tracking does not include cattle that are shipped into the state for immediate slaughter.(fn14) In 2009, total inshipments recorded nearly twenty million head of cattle.(fn15) Moreover, the USDA estimates that approximately ten million head of cattle are moved interstate directly to slaughter each year.(fn16) Therefore, about 40% of cattle and calves sold in the United States each year are assumed to move interstate.(fn17)

Until recently, the United States has taken a fairly laissez faire approach to animal identification in beef cattle. This article focuses on the history and evolution of animal identification systems in United States beef cattle. Part II of this article addresses recent events that precipitated the push for a national animal identification system. Next, Part III reviews the animal traceability component of the Brucellosis regulations, Part IV examines the National Animal

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Identification System, and Part V explains the recently proposed mandatory ADT regulations.

II. WHAT BROUGHT ABOUT THE NEED FOR ANIMAL IDENTIFICATION?

A. Bovine Spongiform Encephalopathy-"Mad Cow Disease"

on December 23, 2003, then USDA Secretary Ann Veneman reported the United States' first case of suspected Bovine Spongiform Encephalopathy (BSE), or mad cow disease.(fn18) During this news conference, Secretary Veneman noted that the single Holstein cow was from a farm in Mabton, Washington and that the BSE was detected as part of the agency's aggressive surveillance program.(fn19) After making the announcement, Secretary Veneman repeatedly assured the American people that the American beef supply remained safe and no alterations to eating beef habits needed to be made.(fn20)

The USDA was interested in getting to the bottom of the BSE outbreak for a number of reasons. First, BSE is a progressive, fatal, and chronic degenerative neurological disease in cattle.(fn21) There are only certain tissues within BSE infected cattle that are actually infective; these tissues include the brain, spinal cord, and retina of the eye.(fn22)The major concern with BSE infected cattle in the United States meat supply stems from the fact that "[t]he BSE agent is extremely resistant to heat and to normal sterilization processes."(fn23) In fact, current scientific research indicates that neither thoroughly cooking the meat nor irradiation will kill the BSE agent.(fn24)

Second, in 1996 scientists in the United Kingdom found ten cases of variant Creutzfeldt-Jakob Disease (vCJD), which is a chronic and fatal neurological-degenerative disease found in humans.(fn25) over

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time, scientific evidence has convincingly linked BSE and vCJD.(fn26) In fact, laboratory studies have shown the "biological and molecular features of the pathologic agent transmitted from BSE-infected cattle and human cases of vCJD to be identical."(fn27) The source of transmission appears to be the human consumption of beef products that were contaminated by nervous system tissue from BSE positive cattle.(fn28)

Individuals with vCJD may be asymptomatic for years,(fn29) but once symptoms are present, the individual usually survives fourteen months.(fn30) Early symptoms include "behavioral changes, loss of the ability to coordinate muscular movements, and peripheral sensory disturbances such as loss of sensation."(fn31) As vCJd progresses, the patients are likely to experience forgetfulness, other memory impairments, apathy, weight loss, and mild dementia, which eventually becomes progressive dementia.(fn32) Just prior to death, some vCJD patients will even develop blindness.(fn33) Currently, vCJD can only be diagnosed postmortem; an autopsy will reveal an appearance of "spongy" holes in the brain.(fn34)

Media reports in the days, weeks, and months following the USDA announcement addressed the enormous impact this discovery could have on the export market of America's beef.(fn35) The larger issue of debate, however, dealt with the United States' lack of a national animal identification system, which would aid in the location of other

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animals that may have been exposed to BSE.(fn36) The media further reported and warned that it could take weeks, or even months, to discover where the Holstein cow was born, and without a national animal identification system, investigators may never know.(fn37)

Prior to the December 2003 BSE discovery, the USDA was attempting to establish a national animal identification system, which could help enhance the speed...