I rise to offer amendment 22 to the farm bill, which repeals and prohibits future implementation of the electronic identification, or EID, ear tag rule. In 2013, the Animal and Plant Health Inspection Service, or APHIS, issued the Animal Disease Traceability Rule, which allowed the use of ear tags, brands, and tattoos for livestock identification in interstate commerce. In November 2024, APHIS amended the ADT rule to mandate EID ear tags for cattle and bison moving interstate, despite overwhelming opposition to such efforts. Ranchers and producers are opposed for a multitude of reasons. The rule is the product of a flawed rulemaking. APHIS did not conduct a federalism analysis, even though States have identification regulations and laws. It did not conduct an adequate small business analysis, even though APHIS admitted the rule would burden small operators. APHIS intentionally undercounted the cost of the rule, basing it just on the cost of the EID tags and not an entire EID system. EID is a government mandate on farmers and ranchers, and one which the Animal Health Protection Act does not authorize APHIS to create or enforce. Because APHIS incorrectly calculated the cost of the rule, it is also an underfunded mandate. Since the demand for EID tags is driven not by actual market demand but by government mandate, ranchers are facing tag shortages, harming their ability to comply with the rule.
Editor's note · Context
Discussing an amendment to repeal the electronic identification ear tag rule in the farm bill.
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