Carol J. Elkins
Wed, 09 Jan 2008 11:01:06 -0800
Well, I had pretty much decided to toss the USDA-NASS Ag Census form into the wastebasket as a total invasion of my privacy. However, I received an update from my favorite anti-NAIS organization Farm and Ranch Freedom that has changed my mind. I trust these folks. They have been the group leading the revolt against the NAIS regulations. They say fill out the census because the benefit to us outweighs the small risk that the USDA will abuse the law that requires them to keep this information out of other databases. Copied below is their email. It is interesting to note that the law doesn't regard you as a "real farm" unless you sell more than $1000 of ag products a year. Decide for yourself whether to submit the form or not. __________________________________________________ Date: Tue, 8 Jan 2008 19:10:42 -0500 (EST) From: Judith McGeary <[EMAIL PROTECTED]> Reply-To: [EMAIL PROTECTED] Subject: Information Alert: USDA-NASS Census USDA-NASS Sending Out Census Forms The National Agricultural Statistical Service (NASS) branch of the USDA is conducting the 2007 census, and many people have either received the forms or heard about them. The information below is provided to help you understand the issues surrounding the census. It is not legal advice. Congress has specifically mandated that USDA shall conduct a census of agriculture once every five years. (7 USC sec. 2204g, http://www.nass.usda.gov/census/leg_auth.htm). USDA has stated that the census covers every "farm," defined as "any place that produced and sold, or normally would produce and sell, $1,000 or more of agricultural products during the census year." (71 Fed. Reg. 7004 (Feb. 2006)). Failing to respond can be punished by a fine of up to $100, while knowingly providing a false answer can be punished with a fine of up to $500. To our knowledge, no one has actually been fined for failing to respond. Will my information be placed in the NAIS database? It is always possible the census data will be abused by USDA. Many of us do not trust USDA because it has used a variety of coercive and misleading methods to implement NAIS. Data mining, outright lies, and misuse of people's information have left many American farmers with a deep distrust of the agency. However, the statute governing the USDA and the census provide that the information collected cannot be used for any purpose other than "development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information." (7 USC Section 2276. See also CIPSEA, Public Law 107- 347, & 7 USC Section 2204g(f)(3)). If the USDA complies with the statute, your information will not be placed into NAIS. If the USDA abuses the information, then the solution is to bring a suit to enforce the statute. Is there any benefit to responding? Last year, many people refused to respond to USDA's annual survey (which was voluntary) because they suspected the information would be used by USDA to enforce the NAIS. If people also refuse to respond to the upcoming census, it will look as if there are no small farms left in our country. In the long run, that could hurt us very badly in the fight against NAIS. In lobbying Congress and state legislatures, many of us have used the data from the 2002 census to show legislators how many small farms are in their districts and the economic impact NAIS will have. If small farmers refuse to answer the 2007 census, this data will be lost. Legislators and bureaucrats will say, "It doesn't matter if NAIS would hurt small farms. There are so few small farms anymore, they're just not important." If I decide to respond, what do I say? The census includes a long list of detailed questions, many of which have little or no application to small producers. Several of the sections specifically exempt products raised for personal or household consumption. If the section doesn't apply to you, then you can indicate that and skip the rest of the section. If you have any concerns about how you should answer the census questions based on your specific situation, you should obtain legal advice. How did they get my information? The National Agricultural Statistical Service compiled a list of people who were potentially involved in agriculture. They obtained mailing lists from breed associations and agriculture-related magazines, among others. If you are unhappy that your contact information was provided to the government, you should raise that issue with your association and subscriptions. You may decide to stop giving your money to companies that release your information without your permission. Can they use the mailing list for other purposes? The National Agricultural Statistical Service is not allowed to provide your information to other branches of the agency or to other agencies for anything other than statistical purposes. However, it can use its mailing list to send out materials on behalf of other branches of the agency. So, for instance, the National Agricultural Statistical Service may send out premises registration request forms to its mailing list. But it cannot provide your census responses to USDA-APHIS or anyone else to place in the NAIS database. I received a survey form last year, how is this different? In between the census years, the National Agricultural Statistical Service does an annual survey, which is voluntary. The information above is not legal advice. It is intended to help people to make informed decisions. If you have any questions, feel free to contact FARFA at [EMAIL PROTECTED] or by calling 866-687-6452. Sincerely, Judith McGeary Farm and Ranch Freedom Alliance www.farmandranchfreedom.org 866-687-6452 _______________________________________________ This message is from the Blackbelly mailing list Visit the list's homepage at %http://www.blackbellysheep.info