The lawsuit, filed in U.S. District Court in Wyoming, alleges the committees the USDA created to get information on RFID usage violated its rulemaking process — specifically the Federal Advisory Committee Act and the Administrative Procedure Act of 2013.
“They handpicked people they knew were in favor of RFID,” said Harriet Hageman, an attorney working on the suit. “We’re going to continue holding them to the law, which is they have to comply with the administrative procedure act.”
Hageman said following the proper rulemaking process will show the overwhelming opposition to electronic ear tags. Two of the top concerns are the cost and what will happen with the information collected from the RFID tags.
Electronic tags cost $2 to $5 a head, according to the Oklahoma State University Extension, while the metal tags they would replace cost less than a quarter.
Supporters of RFID tags include the companies that make the technology, processing plants that want a faster way to track animals and some sale barns and auction houses that believe they can speed up the process of buying and selling livestock.
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