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USDA’S ACTION APHIS, have never asserted that The Midwest Cattleman · February 25, 2021 · P16
continued from page 3 they followed lawful protocols APHIS regarding the implemen- NCLA is asking the court to
rancher-plaintiffs sued on the and achieved balance on the ad- tation of the RFID technology. recognize the CTWG and PTC as
grounds the mandate was unlaw- visory committees, but that they According to the opening brief, federal advisory committees set
ful and it undermined existing instead argue that they neither plaintiff Kenny Fox was invited up by USDA. To penalize USDA
law that allows cattle producers established nor utilized either to serve on the CTWG until sev- for not following FACA’s public
to choose among various low- the Cattle Traceability Working eral members complained the meeting and balanced member-
er-cost technologies, including Group (CTWG), formed in late CTWG was unable to reach con- ship requirements, NCLA is fur-
metal eartags, when moving cat- 2017; or its successor, the Produc- sensus to push forward with an ther asking the court to prohibit
tle interstate. Just weeks after ers Traceability Council (PTC), RFID requirement. Consequent- Defendants from using any of
the lawsuit was filed, APHIS formed in early 2019. ly, the PTC was formed by exclud- the work product or recommen-
withdrew its mandate. The opening brief states that ing Fox and others who opposed dations made by either CTWG or
But the original case alleged the “defendants' denials are dis- a mandatory RFID system from PTC.
that APHIS also violated an- ingenuous, citing to scores of its membership. Yet, the same “USDA and APHIS are re-
other law, the Federal Advisory emails, working papers, meet- APHIS officials who served on quired to comply with the law,
Committee Act, which requires ing minutes, news releases, and the CTWG continued to serve on including FACA. In 2019 they
federal agencies to follow certain an APHIS strategy paper as ev- the PTC, as did ear tag manufac- sought to unilaterally nullify the
protocols when establishing and idence the agency both estab- turing representatives and other 2013 Final Rule on animal identi-
utilizing advisory committees to lished the two advisory commit- RFID advocates. fication and traceability by issu-
ensure both government trans- tees and then utilized them up to R-CALF USA and the other ing a ‘factsheet’ that blatantly dis-
parency and a balanced perspec- October of 2019, which was when plaintiffs are seeking an in- regarded the APA’s rulemaking
tive among advisory committee the plaintiffs first filed their law- junction from the court barring requirements. We now know that
members. suit against APHIS's mandatory APHIS from using the advice the “Factsheet” resulted from the
The opening brief addresses RFID plan,” R-CALF says. and work products it received efforts of two unlawfully created
the plaintiffs' FACA claims and NCLA claims USDA’s own doc- from the advisory committees as advisory committees,” says Hage-
contends that since late 2017, uments demonstrate that FACA the agency forges ahead to deny man of NCLA. “To make sure that
APHIS established and utilized applies in this case (1) the agen- cattle producers the choice to use Defendants are not rewarded for
two unlawful advisory commit- cy urged the formation of CTWG; various low-cost technologies as their misbehavior, they must not
tees to assist it in transitioning (2) numerous APHIS employees authorized in current law. be allowed to rely on work prod-
the U.S. cattle industry to exclu- actively participated in CTWG’s NCLA represents the Ranch- uct and recommendations made
sively use RFID eartags when and PTC’s meetings and calls; ers Cattlemen Action Legal Fund by the CTWG and PTC.”
moving adult cattle interstate, (3) CTWG’s fixed membership in- United Stockgrowers of Ameri- BEEF
and to reduce cattle-producer op- cluded APHIS officials; (4) CTWG ca and four ranchers: Tracy and
position to the agency's plan. and PTC—and their various sub- Donna Hunt from Wyoming, and
The latest brief points out groups—met regularly and made Kenny and Roxy Fox from South
that defendants, USDA and a series of recommendations to Dakota.

18th THE REAL DEAL. RAISING FREEZER tomers is an essential step in
meeting expectations. Producers
continued from page 13
Annual beef. Beef from grass finished an- should be prepared to share de-
Spring McBee Cattle Company imals may be identified as having tails about the animal’s sex, age,
diet, and health history. They
a grassy flavor and can have a
different cooking odor compared should also be prepared to esti-
mate the final live weight and ex-
Bull and Female with grain-finished beef. Also, pected yield. This is important for
consumers may note a difference
in the visual appearance as the fat two reasons:
SELECTION DAY of grass-finished beef can be more 1. It allows the customer to es-
yellow in color. Grass-finished timate the purchase price of the
animal and the associated pro-
beef are also generally finished cessing costs.
April 17, 20 21 • 10:00 to 2:00 at a lighter weight than grain-fin- 2. It allows the customer to
ished beef and, as a result, are
at the Ranch, Fayette, Missouri often leaner with less marbling know how much beef to expect to
put in their freezer if they are pur-
Join Us For Lunch! (intramuscular fat). chasing a whole, half, or quarter
While individual preferenc-
es will dictate the type of beef a of beef.
Producers will also need to es-
consumer selects, it is important
• 45 Braunvieh and Braunvieh/Angus Hybrid Commercial Bred Heifers to communicate specific details in tablish good communication with
order to meet their expectations. the processor to determine slaugh-
ter dates and provide customer
• 45 Braunvieh and Braunvieh/Angus Hybrid Bulls that have been Communication contacts. Producers should help
Good communication between
developed for a long and productive life, evaluated on performance producers, processors, and cus- continued on page 17
and efficiency and carcass trait measured by ultrasound.

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