Cattle groups, South Dakota ranches file suit to block federal rule on electronic ear tags • South Dakota Searchlight

A group of ranchers and cattle industry associations is suing the U.S. Department of Agriculture in federal court in South Dakota to block a rule requiring electronic ear tags for cattle that cross state lines.

The lawsuit aims to undo a rule published in May that some in the ranching community see as expensive, unnecessarily burdensome and implemented in conflict with federal rulemaking norms.

The rule comes from the USDA’s Animal and Plant Health Inspection Service, and versions of it have seen significant pushback from ranchers since 2019. Previous proposals were scrapped after public comment periods. The latest version of the rule was published in May, and would phase out traditional ear tags in favor of electronic identification for cattle and bison older than 18 months that are shipped across state lines, all dairy cattle and cattle or bison used for rodeo or recreation.

Electronic tags, the agency says, reduce the possibility of human error, because they wouldn’t require a person to manually log information on ear tags. The electronic tags are also meant to make it easier for veterinarians to access information about a herd when attending to a sick animal.

The rule is meant to take effect on Tuesday. While many ranchers and ranch groups oppose the mandate, the opposition is not universal. The National Cattlemen’s Beef Association supports the electronic ID rule, and has been releasing guidance for livestock growers on how to comply throughout the year. The National Milk Producers Federation has also pushed for ID rules.

New lawsuit for previous rule opponents

The plaintiffs in the South Dakota lawsuit are the Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America (R-CALF USA), South Dakota Stockgrowers Association, Farm and Ranch Freedom Alliance, Kenny and Roxie Fox, Rick and Theresa Fox, and Tracy and Donna Hunt of the MW Cattle Company of Wyoming and South Dakota.