Benchmarking the National Animal Identification System

RFID Law Journal
Newsletter No. 40
January 31, 2007

The USDA is openly benchmarking its success in registering premises under the NAIS. Readers can note the progress of this program at this link to the USDA website: http://animalid.aphis.usda.gov/nais/premises_id/update.shtml. According to the statistical data set forth on the USDA website, 24.6% (i.e., 353,504) of the nation’s estimated 1.4 million livestock farms were registered in the National Animal Identification System as of January 29, 2007. The USDA defines a livestock farm as premises with more than $1,000 in annual income, and the total number of livestock farms is based upon an estimate of the National Agricultural Statistical Survey. The data counts premises with more than one species only one time. Wisconsin and Idaho represent the leadership in premises registration, with substantially all premises registered, and as of January, 2007, a majority of the livestock farms located in Indiana, Michigan, New York, North Dakota, Pennsylvania and Utah have registered themselves in the NAIS.

Some of the basic guidelines for registration can be found at the USDA’s website: http://animalid.aphis.usda.gov/nais/premises_id/index.shtml. The registration is free, and at present, it does not require participation in the other two components of NAIS – animal identification and animal tracking.

Since our last publication on the NAIS, the USDA updated its website. You can locate baseline information on animal tracing at this USDA link: http://animalid.aphis.usda.gov/nais/animal_track/index.shtml. Our readers can also find out more about animal identification at this USDA link: http://animalid.aphis.usda.gov/nais/animal_id/index.shtml. The USDA has formed working groups for different species and identified working group leaders, enabling information sharing, etc. Readers are invited to learn more about these working groups at this USDA link:
http://animalid.aphis.usda.gov/nais/species_work_groups/index.shtml.

In late January, 2007, the USDA also announced its endorsement of industry- recommended international standards for animal identification technologies. The USDA endorse the use of ISO 11784 and 11785, which would establish RFID technology standards for producers and service providers electing to use Radio Frequency Identification technology in NAIS. This will facilitate use of one reader to scan all Animal Identification Number (AIN) tags. However, the USDA is not requiring the use of RFID tags or implants. That decision is left to owners. It is also clear the USDA will continue reviewing other technology options over the horizon.
The USDA’s press release can be located through the following link: http://animalid.aphis.usda.gov/nais/naislibrary/documents/announcements/StakholderAnnouncement1_17_07.pdf.

© 2007 – RFID Law Journal, LLC. All rights reserved.

Learn more about RFID legal issues at http://www.rfidlawjournal.com. You may contact our editor about this publication at editor@RFIDLawJournal.com. Usage of this material (and any linked materials provided by third party sites) is subject to the terms and conditions set forth at www.rfidlawjournal.com. You may not rely upon any material provided herein as legal, financial or other advice. You should consult your own advisor (legal, investment or otherwise) with respect to the advisability or accuracy of any of the material provided in this newsletter or any other material provided by us. We are not responsible for and do not attest to the accuracy of any third party content.

Air Travel Rules for Western Hemisphere Travelers

RFID Law Journal
Newsletter No. 38
January 23, 2007

This is a short follow-up article to our Newsletter No. 37 (January 22, 2007). The Department of Homeland Security has released its official press release with respect to the new rules for air travel into the U.S. which became effective today. Initial signs suggest that most air travelers arriving in the US were aware of the new rules and came equipped with their travel documents.

You can read the DHS press release through this link:

http://www.dhs.gov/xnews/releases/pr_1169569034747.shtm

© 2007 – RFID Law Journal, LLC. All rights reserved.
Learn more about RFID legal issues at http://www.rfidlawjournal.com/. You may contact our editor about this publication at editor@RFIDLawJournal.com. Usage of this material (and any linked materials provided by third party sites) is subject to the terms and conditions set forth at http://www.rfidlawjournal.com/. You may not rely upon any material provided herein as legal or other advice. You should consult your own advisor (legal, investment or otherwise) with respect to the advisability or accuracy of any of the material provided in this newsletter or any other material provided by us. We are not responsible for and do not attest to the accuracy of any third party content.

New Rules Kick-in for Western Hemisphere Travel

RFID Law Journal
Newsletter No. 37
January 22, 2007

On Tuesday January 23, 2007, Canadian, Mexican and Bermuda citizens traveling by air, along with U.S. citizens, into the U.S. must, subject to few exceptions, provide border officials with a passport to gain entrance into the United States. This rule will bring our North American neighbors under the same rules applicable to all other worldwide travelers. In January, 2008 and June, 2009, the rules will expand to include land and sea entry, with the potential of clogging the borders.

Up until now, these Western Hemisphere neighbors typically were required only to display a birth certificate or driver’s license to gain entry into the U.S., but these more stringent rules were implemented following recommendations by the 9/11 Commission. The exception is the NEXUS Air card issued to frequent travelers and active members of the U.S. military. DHS is also considering the PASS Card as an alternative to the passport. A PASS Card is significantly less expensive than a passport, but it wouldn’t be accepted for other worldwide travel.

The new rule isn’t expected to materially impact business travelers, who usually carry a passport, but there is some concern that it could disrupt travel among ‘snow birds’ (e.g., the tens of thousands of Canadians who visit Florida and other sunny destinations each winter). It’s plausible that some jurisdictions, such as Puerto Rico and the U.S. Virgin Islands, will enjoy an incremental windfall because they’re exempted from the new rules.

While it’s certainly possible that the new rules may deter travel among some travelers, it could cause more American citizens over the longer term to procure and hold passports. At present, only 73 million citizens hold valid passports. If the supposition is correct, then the new rules will, in part, further enable e-passport deployment over the long haul.

You are invited to learn more at the State Department’s link:
http://travel.state.gov/travel/cbpmc/cbpmc_2223.html.

© 2007 – RFID Law Journal, LLC. All rights reserved.

Learn more about RFID legal issues at http://www.rfidlawjournal.com. You may contact our editor about this publication at editor@RFIDLawJournal.com. Usage of this material (and any linked materials provided by third party sites) is subject to the terms and conditions set forth at www.rfidlawjournal.com. You may not rely upon any material provided herein as legal or other advice. You should consult your own advisor (legal, investment or otherwise) with respect to the advisability or accuracy of any of the material provided in this newsletter or any other material provided by us. We are not responsible for and do not attest to the accuracy of any third party content.

2007 Kick off – FDA Provides Draft Guidance for Industry & FDA Staff: RF Wireless Technology in Medical Devices

RFID Law Journal
Newsletter No. 36
January 7, 2007

On January 3rd, the FDA released for public comment purposes only a draft document on radio frequency wireless technology in medical devices. The FDA published this document to guide stakeholders in the development and evaluation of RF wireless technology with respect to medical devices. The rationale is providing guidance on the safe and effective use of RF wireless technology in medical devices (e.g., performance, data integrity, security, etc.). Among other things, the draft document provides examples of potentially problematic applications. The FDA provides recommendations, including consideration of issues in product design requirements, design verification and validation, and risk management processes.

You’re invited to learn more at the FDA link: http://www.fda.gov/cdrh/osel/guidance/1618.html. During the 90 day public comment period, the FDA invites questions through Donald M. Witters, Jr. at donald.witters@fda.hhs.gov. Interest parties may provide comments on the draft guidance document at: http://www.fda.gov/dockets/ecomments.

© 2007 – RFID Law Journal, LLC. All rights reserved.

Learn more about RFID legal issues at http://www.rfidlawjournal.com. You may contact our editor about this publication at editor@RFIDLawJournal.com. Usage of this material (and any linked materials provided by third party sites) is subject to the terms and conditions set forth at www.rfidlawjournal.com. You may not rely upon any material provided herein as legal or other advice. You should consult your own advisor (legal, investment or otherwise) with respect to the advisability or accuracy of any of the material provided in this newsletter or any other material provided by us. We are not responsible for and do not attest to the accuracy of any third party content.