FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KELLY (Sponsor), WALLACE, FRANZ, WILSON (119), POLLOCK AND DETHROW (Co-sponsors).
Read 1st time February 5, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 261, RSMo, by adding thereto one new section relating to participation in an animal identification system.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 261, RSMo, is amended by adding thereto one new section, to be known as section 261.300, to read as follows:
261.300. 1. As used in this section, the following terms mean:
(1) "Animal", all members of the animal kingdom except humans and insects. Animal does not include undomesticated animals living in the wild;
(2) "Department", the Missouri department of agriculture;
(3) "Director", the director of the department of agriculture;
(4) "Livestock", equines (horse, mules, donkeys, burros), bovines (cattle and bison), cervids (deer and elk), ovine (sheep), caprine (goats), porcine (swine), camelids (llamas and alpacas), poultry (chickens, ducks, emu, geese, guineas, pheasants, quail, turkeys), and any other animal that the federal government may include in a national animal identification system. Livestock does not include undomesticated animals living in the wild;
(5) "Person", individuals, corporations, partnerships, associations, or other legal entities and agents of such entities;
(6) "Premises", a location where livestock are raised, held, or boarded;
(7) "Source verification program", a program that tracks individual animals or groups of animals in order to determine the origin of such animal or group, the identity of all other animals that have been in contact with it, and the location of premises at which it has been held in its lifetime.
2. (1) The state of Missouri shall not establish or participate in the national animal identification system or any other similar source verification program beyond the existent Missouri cattle specific source verification at the state level.
(2) The prohibition in this section also applies to the components of a source verification program, including premises registration and databases, animal identification and databases, and animal movement tracing and databases beyond the minimum necessary for the Missouri cattle specific source verification program.
(3) All cooperative agreements between the federal government and this state, or between this state and other states, established before the effective date of this section and related to the establishment of animal tracking, tagging, registration, or information databases, premises registration, or information databases, use of electronic identification for animal tagging purposes, and other matters related to the national animal identification system are hereby terminated and null and void as to this state's participation.
(4) Immediately upon the effective date of this section, any identification lists or databases created using, in whole or in part, federal funds under the national animal identification system shall be void and shall not be used for any purpose by any governmental, public, or private person or entity. Such restriction does not include lists and databases that were created solely for the purposes of addressing specific diseases in specific species of livestock, except to the extent that such lists have been used for the national animal identification system program.
3. The department of agriculture shall:
(1) Immediately notify all citizens whose premises information previously has been submitted to the United States Department of Agriculture National Premises Information Repository without their full and informed consent; and
(2) Develop a procedure with the United States Department of Agriculture whereby such citizen's data shall be expunged from the USDA National Premises Information Repository as well as the Missouri animal identification plan system.
4. Nothing in this section shall be construed as:
(1) Prohibiting the state from establishing or participating in disease control programs specifically designed to address a known disease in a specific species of livestock;
(2) Prohibiting the state from operating livestock identification, brand registration, and inspection programs as authorized under state law;
(3) Prohibiting private agricultural industry organizations from establishing voluntary source verification programs for their own members or others who elect to participate; except that, any private system shall be subject to the following conditions and limitations:
(a) The program shall provide for full and informed consent of all participants, including disclosure of the entire program, the possible uses of information collected under the program, and every entity or person to whom such information may be disclosed;
(b) Persons who voluntarily enroll in the program shall be permitted to withdraw from the program at any time and their personal information shall be permanently removed from program records;
(c) No public moneys shall be used to support such a program;
(d) The private program shall not be used to gain unfair competitive advantage, but shall be considered a commercial term subject to laws restricting unfair competition; and
(e) A private source verification program identification device or marking shall not supplant, supersede, or make unreadable this state's or any local entity's brand or mark on any animal. A source verification program's rules shall not supersede this state's brand or marking system rules as a matter of law; and
(4) Authorizing the department of agriculture to establish any requirement of participation in the Missouri specific source verification program on the part of any cattle grower or to establish additional source verification programs on a state level for any other species of livestock.
5. (1) No essential services, licenses, permits, certifications, insurance or risk management coverage, or other incentives shall be provided by any public or private person, directly or indirectly, to any participant in an animal identification or premises registration program based solely on such person's participation in the program.
(2) No services, compensation, favors, payments, credits, benefits, licenses, permits, certifications, insurance or risk management coverage, special consideration, or other incentives shall be denied, revoked, or limited by any public or private person, directly or indirectly, based solely on such person's lack of participation in an animal identification or premises registration program.
(3) Neither this state nor any political subdivision of this state shall require any of its suppliers to participate in a premises registration or animal identification program as a condition of supplying goods or services.
(4) Failure to participate in a premises registration or animal identification program or the providing of services to persons who are not participants in a premises registration or animal identification program shall not be deemed a crime, nor evidence of any negligence or gross negligence on the part of any livestock owner or provider of goods or services.
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