What will we cover. A day in the life of a livestock. Let s look at a new or expanded livestock facility 2/26/2013

Transcription

1 Jim Fraley Livestock Program Director Illinois Farm Bureau A day in the life of a livestock farmer What regulations impact a stockman during day to day activities? What does a producer have to do to expand or build a new facility? Once he s milked the cow, what does he have to do from a regulatory standpoint? What will we cover LMFA IEPA Visits Fence Law Advance Disease Traceability Poultry Processing Raw Milk? Let s look at a new or expanded livestock facility All new or expanded livestock facilities are governed under the Livestock Management Facilities Act (LMFA). If you are constructing a new facility for even one head of livestock, you must file a Notice of Intent to Construct with the IDOA. This law was passed in May 1996, and has been amended several times since then. It provides statewide authority in siting livestock facilities The county does not control the siting issues for a new livestock facility tested in the Supreme Court. 1

2 What s in a NOITC? The Notice of Intent to Construct form provides information regarding a project s location, size, type, and possible compliance with the setback provisions. It establishes a start date for your facility. You must notify all landowners within the affected setback usually one half mile. If facility is large enough, IDOA will notify the county that, if they choose to, they could hold a public hearing on the facility. Public Hearing Informs the public about the eight siting criteria which must be met in order for the facility to be built. 1. Will the facility meet the livestock waste management plan certification requirements? 2. Will the design, location, or proposed operation protect the environment? 3. Will the location minimizes any incompatibility with the surrounding area s character? 4. Is the facility is located within a 100 year floodplain or an otherwise environmentally sensitive area? 5. Will the facility minimize the likelihood of any environmental damage to the surrounding area from spills, runoff, and leaching? 6. Are the odor control plans are reasonable and incorporate odor reduction technologies given the current state of such technologies? 7. Will traffic patterns impact existing traffic flows.? 8. Whether construction or modification of a new facility is consistent with existing community growth, tourism, recreation, or economic development? What does the County do? After the public hearing, the county has 30 days to make an advisory recommendation to the IDOA. They can choose to say the facility meets the 8 siting criteria, does not meet the criteria, or take no position. Setbacks These are buffer zones that are established in order to reduce the impact of odor to neighbors Operations of less than 50 AU (50 head of mature cattle) or less are exempt from the setback provisions Operations with more than 50 AU must comply with the following: In any case it is an advisory, non binding recommendation 2

3 Occupied Residence Populated Area ¼ mile ½ mile Populated Area Populated Area ½ mile ¼ mile ½ mile MEETS SETBACKS MEETS SETBACKS 3

4 Populated Area ½ mile DOES NOT MEET SETBACKS Key Points on Setbacks Waivers can be obtained from neighbors Populated areas only include non farm residences One neighbor cannot waive the rights of others in the populated area scenario Homes part of the operation are not included in setback considerations Additional Regulations Recording Milk Temperature Antibiotic Testing residue Feed Testing (for ruminant protein) IDPH Inspections every six months Federal Inspections watch out! Spill Prevention and Counter Control Measures (SPCC) Manure Application EPA and IDOA Humane Care for Animals Act Animal Health Regulations Animal ID coming with ADT After all this work Some companies utilize absence labeling to convince consumers that their product is safer. These labels, are misleading, use scare tactics, and insinuate that conventionally produced milk is inferior. 4

5 New Gravity flow Applicator! Don t Use the High Hoe... What do I do on an EPA visit? A special thank you to: Jill Frueh, Manager Bureau CFB 5

6 Fence Law Fence law hasn t changed since 1874 Interpretation based upon common law A legal fence is defined as: four and one half foot high, and in good repair, consisting of rails, timber boards, stone, hedges, barb wire, woven wire or whatever fence viewers deem legal and sufficient fences. Fence Law Landowners who own fences on adjoining lands shall make and maintain a just proportion. This usually means one half but not in every case. The right hand rule is a custom not a law. The Wallis Case A 1995 Appellate Court entered upheld a lower court decision directing the (livestock) owner to pay costs of repairing fence and providing that if in future adjoining landowner decided to enclose her property for livestock she would have to reimburse (fence) owner. Found in an Afghanistan Cave Need for Animal Traceability US is one of two developed countries that do not have a traceability program. USAIP was a start NAIS was too reliant on technology. ADT is where we are today. Low cost technology Moving forward baby steps Will help preserve exports and maintain confidence in our oversees partners. 6

7 Advance Disease Traceability (ADT) USDA APHIS has submitted its final rule Currently, the ability of APHIS to conduct tracebacks is often lengthy and expensive due to incomplete information associated with animal identification, destination, and origin. Gaps in the cattle industry exist, primarily due to the reduced need for disease surveillance due to achieving the brucellosisfree status in each of the 50 states. Bovine tuberculosis tracebacks typically exceed 150 days. Contrast that with the high level of animal identification in the sheep industry, a scrapie positive animal can be traced back to its flock of origin 97% of the time, usually within minutes. Focus on Interstate Movements Applies to: cattle and bison, sheep and goats, swine, horses (and other equine species), captive cervids (deer and elk), and poultry. Official ID for animals moving interstate, and an accompanying interstate certificate of veterinary inspection (ICVI). Records must be kept for a minimum of five years for cattle and two years for poultry and swine. The rule will not require producers to maintain records of animals that are tagged on their farms, moved onto or from their farms, or die on their farms. ID Regulations Requires official individual ID for sexually intact male dairy cattle born after the effective date of this final rule. All female dairy cattle, cattle used in rodeo, recreation, shows, or exhibitions. Once the goal of 70% of all cattle are officially identified, then APHIS plans to implement official ID for all cattle. ID Exemptions for some cattle Moving directly to slaughter Moving directly to a an approved livestock facility (a sale barn, for example, where the animals can be tagged if they can t be tagged on the farm prior to comingling) Commuter herd agreements, where cattle move directly between two premises without ownership change Moving directly from one state, through another state, back to the original state. 7

8 What is official ID? National Uniform Eartagging System (NUES) Brands, if accompanied by a brand inspection certificate and both the shipping and receiving states recognize a brand as official ID. Backtags for cattle will be allowed provided the animals are shipped directly to a processing plant and are harvested within three days. Animal identification number (AIN) 15 digit number with 840 prefix Location based number system allows use of a premises based number system Flock based numbers system unique number assigned by state Other systems approved by APHIS administrator Here s some interesting factoids Poultry producers who process fewer than 5,000 head of poultry per year do not need to have state or federal inspection The processed poultry must be sold from the farm. It cannot be delivered and the customer must pick up the product Dairy producers can sell raw milk off of the farm provided they don t advertise, and the consumer brings their own containers. (This is discouraged by most cooperatives.) Questions? 8