This is from TX lawyer Judith McGeary. These are her comments after reviewing the EWSG booklet that the AHC posted on their website.
Here are her comments:
I'm sorry for the very belated response, but here are
my thoughts.
Looking through the ESWG booklet, I think a point-by-point response would be rather difficult -- there are simply too many roundabout, ambiguous,
somewhat-misleading-but-not-outright-false statements to be effective.
In other words, they had a better PR person than the TAHC writing this! I'm attaching an overview article I've done about horses and NAIS; I'm not sure
if it fits what you're looking for, but you're welcome to use it however you think appropriate. Without doing a point-by-point, it does address some of the things raised by the booklet.
On the issue of statutory authority (which they address more than once, which is interesting in and of itself):
The USDA has stated that the Animal Health Protection Act is the source of its authority. (Draft Plan at 9)
But that statute addresses only import and export of animals,
interstate travel, quarantines areas, and related program
(AHPA, 7 USC sections 8301-8320. )
The statute contains no provisions that mention registration of every livestock owner farm or a nationwide or intrastate animal identification and tracking program, nor are there any provisions that would provide authority for such a program.
Indeed, there were multiple bills introduced in the 108th Congress to amend the statute to provide for an animal identification system and limit disclosures of the information collected under the Freedom of Information Act, and none were adopted (HR 3787, HR 3822, HR 3961, S 2070 & S 2008, 108th Congress (2004-05).)
There are three bills that have been introduced during the current Congressional session for the same reasons. (HR 1254, HR 1256 & HR 3170, 109th Congress (2005-06).)
Congress clearly recognizes the USDA's lack of authority, even if the USDA has ignored that problem.
The technology aspects are very convoluted.
I have been gathering materials on the whole ISO issue,
and hope to have an article written by mid-month, which I
will pass on to you.
From some off-the-record conversations, it seems like individuals at both AQHA and AHC are very strongly in favor of NAIS, not just the reluctant participants
they claim.
Some folks to keep an eye on:
Amelita Facchiano
(originally with Global Vet Link, now with USDA),
Amy Mann (AHC),
Ward Stutz (AQHA)