On April 1, Representative Scott Suder (R-Abbotsford) introduced legislation (LRB-2259/1) that would overturn the state’s mandatory premises registration law for
anyone keeping livestock on their property. Wisconsin is one of two
states that require premises identification by statute or regulation
with Indiana being the other. A third state, Michigan, has required
mandatory premises ID for cattle farmers by administrative fiat.

In a press release
issued the day the bill was introduced, Suder noted that the Wisconsin
Department of Agriculture Trade and Consumer Protection (DATCP) has the
authority to create exemptions to the premises registration requirement
through the rule-making process. He said that DATCP has not issued any
exemptions to the requirement, breaking a promise the agency made to
the legislature in 2004 when the Premises Registration Act became law.
Suder’s bill would make the livestock premises registration program
voluntary.

Suder introduced his bill in
response to a recent enforcement action DATCP took against Cumberland
cattle farmer Pat Monchilovich.  On February 25, Polk County District
Attorney Dan Steffen filed a complaint
against Monchilovich and his wife Melissa, seeking civil forfeiture for
refusing to register his premises with the state. Under Wisconsin law,
those not complying with the premises identification mandate “may be
required to forfeit” up to $5,000.  On March 17, the Monchiloviches
pleaded not guilty to the charge filed against them. A meeting between
the couple and District Attorney Steffen has been scheduled for April
28.

In the farmer’s words, “I am opposed to
Premises ID and NAIS. I feel the costs incurred by the farmers will far
outweigh the rewards. NAIS will not increase food supply. It is only a
tracking system and we already have those in place.”

The
civil forfeiture complaint against the Monchiloviches is the second
time DATCP has taken action against a farmer refusing to comply with
the premises identification requirement.   On October 2, 2008, Clark
County District Attorney Darwin Zweig filed a complaint seeking civil
forfeiture against Amish farmer Emanuel Miller of Loyal who refused the
premises ID number because taking it would violate his religious
beliefs [see the 11/23/09 posting].  Miller’s hearing on the charge has yet to take place.

Like
many others, Rep. Suder is questioned the wisdom of the enforcement
actions against Miller and the Monchiloviches saying, “At a time when
many family farms are struggling to keep the barn doors open, now is
not the time for the state to be threatening farmers who refuse to
register their farms with a lawsuit. In an economic crisis where every
job counts and every business matters, we should be doing everything we
can to protect our farmers, not threatening them with lawsuits that
could very well put them out of business.”

For the bill to be assigned to committee, it needs co-sponsors.  Rep. Suder has stated that the
deadline to get co-sponsors for the bill is 5:00 p.m. Wednesday, April 15.  He has asked the bill’s supporters to call, fax and/or mail members of the Legislature immediately to ask them to co-sponsor LRB-2259/1. 

Click here to find contact information for Wisconsin legislators.  Rep. Suder has asked that legislators contact him directly to co-sponsor the bill [by phone (888)534-0069 or by email at Rep.Suder@legis.state.wi.us].