In 2019, USDA unexpectedly announced metal bangs tags would no longer be accepted and radio frequency identification (RFID) tags would be the only acceptable option. The new tags were to be gradually phased in over a four-year implementation plan. Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF) immediately filed suit against the department, claiming the move was government outreach and unlawful.
After much pushback and criticism, USDA withdrew the rule, although the department has repeatedly advocated for the use of RFID tags and is working on implementing the tags through a rulemaking process. Even though the rule was withdrawn, R-CALF moved forward with their suit, claiming USDA unlawfully used two unlawful advisory committees to transition the industry to RFID tags.
In early May, the federal district court in Wyoming dismissed the case, which also included ranchers Kenny and Roxy Fox from South Dakota, and Wyoming ranchers Tracy and Donna Hunt.
“We are assessing the options available to continue our efforts to block [Animal and Plant Health Inspection Service] from using the “fruit of the poisonous tree” (e.g., the Committees’ work product) in any future effort to force livestock producers to use RFID ear tags,” said Harriet Hageman, R-CALF’s representing attorney. — WLJ
