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Final Rule for Electronic Ear Tags for Cattle

Compiled by Ed Maltby

Producers shipping dairy cattle and other types of cattle and bison across state lines might have to use electronic identification (EID or RFID) tags if a final rule developed by USDA’s Animal and Plant Health Inspection Service (APHIS) becomes effective. This Final Rule moves APHIS guidance from voluntary use of electronic ear tags to mandatory use under the same conditions that were under voluntary guidance.

Federal funding is available to help producers obtain the EID tags, but USDA admits that the cost of tags in the future would be more expensive for small to mid-size operations that don’t have the economies of scale of larger operations, with no guarantee of federal funds in the future. As with past attempts at rule making for electronic ear tags, there are legislative and legal initiatives underway to stop the EID rule from taking effect, with disagreements continuing over animal traceability and EID mandates. Here’s an update on the current events surrounding the EID issue.

The APHIS Final Rule

The final rule announced by APHIS on April 26, 2024, and published in the Federal Register on May 9, 2024, will amend the animal traceability rule enacted in 2013. USDA APHIS is amending the animal disease traceability regulations to require that ear tags applied on or after

November 5, 2024, be both visually and electronically readable to be recognized for use as official ear tags for interstate movement of cattle and bison covered under the regulations. It also clarifies certain record retention and record access requirements and revises some requirements about slaughter cattle. The 2013 rule requires “official identification” on certain cattle and bison moved in interstate shipment for the purpose of animal disease traceability. Under the rule, “visual” ear tags are a form of official identification, in addition to certain pre-approved brands and tattoos and group lots. This 2024 final rule does not change the types of animals to which official identification requirements apply, nor does it change the categories of animals that are exempt from official identification requirements. Under this final rule the following categories are required to use electronic ear tags:

  • Cattle and bison for interstate movement
  • All sexually intact cattle and bison 18 months of age or over
  • All female dairy cattle of any age
  • All male dairy cattle born after March 11, 2013
  • Cattle and bison of any age used for rodeo or recreational events
  • Cattle and bison of any age used for shows or exhibitions

The regulations will continue to exempt the following from official identification:

  • Most feeder cattle (beef cattle less than 18 months of age) requirements.
  • Direct-to slaughter cattle, including cull cattle.
  • Cattle and bison that do not move interstate, unless required by APHIS program disease regulations or state regulations.
  • Under a commuter herd agreement between a livestock owner and State or Tribal animal health officials, cattle and bison may be moved interstate between two premises, without a change of ownership during normal livestock operations.

Effective Date of the Rule

The EID requirement is not yet effective. The final rule will take effect 180-days after the rule was published in the Federal Register. USDA published the final rule on May 9, 2024, making the effective date Nov. 5, 2024. For animals tagged after the rule’s effective date, the ear tags “must be readable both visually and electronically (EID).”

Funding for EID Tags

Before APHIS finalized the rule, Congress approved funding to help producers voluntarily obtain EID tags, which cost around $3 each. The Consolidated Appropriations Act passed in March of 2024 allocated $15 million for EID.

EID Bill in Congress

A bill introduced on May 8, 2024 by Senator Mike Rounds (R-SD) would counteract the APHIS final rule. The one-paragraph bill simply states: “The Secretary of Agriculture shall not implement any rule or regulation requiring the mandatory use of electronic identification ear tags on cattle or bison.”

Why the debate over EID?

Animal traceability has long been a controversial issue for the livestock industry. APHIS and Senator Rounds capture the two sides of the controversy well with their recent statements summarizing their efforts. APHIS explains that “the most significant benefits will be enhanced ability to limit disease outbreak impact in the U.S., as well as maintaining foreign markets.”

On the other hand, Sen. Rounds states that “USDA’s proposed RFID mandate is federal government overreach, plain and simple. If farmers and ranchers want to use electronic tags, they can do so voluntarily.”

What’s next?

Given the slow pace of legislative activity in Congress, it’s unlikely that Senator Rounds’ proposal will affect the November 5th effective date of the EID final rule. Several associations have threatened to bring legal action against the rule, however, so it’s likely we’ll see litigation and other legal challenges. As seems always to be the case with animal traceability, we still don’t yet know what the future holds.