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Michigan snuck in the NAIS under their TB program no
input from the legal law abiding Michigan citizens.
Letter from Greg Niewendorp, the first “official”
NAIS non-complier, to the Michigan Ag. Dept.
Gregory Lee Niewendorp
4185 Beishlag Road
East Jordan, MI 49735
To: State of Michigan
Certified Mail - Return Receipt Requested
Department of Agriculture Certified
Mail # ________________
Mitch Irwin, Director Also by fax transmission
P.O. Box 30017
Lansing, MI 48909
Your office indicated an intent to place a
quarantine on my farm. Your authorized
representative Mr. Kevin Lauterwasser on February
21, 2007 stated in the alleged QUARANTINE that I
violated: “Annual TB Whole Herd Testing”.
PLEASE BE ADVISED, without obtaining the information
requested in this communication, I am unable to
acknowledge your alleged authority to place a
quarantine on my farm, and therefore must insist
that until you have shown me compliance with the
statutory mandates (which must be met prior such a
quarantine being placed) that you are from my
perspective without authority to act.
Prior to your alleged QUARANTINE, I had voluntarily
met with Dr. Dan Graham, DVM, who is head of the TB
Eradication Program and expressed my concerns to him
about TB being a contagious disease. I specifically
verbally requested documentation from the Department
showing that indeed Bovine TB actually is a
contagious disease, MCL 287.703(12) which states
“Contagious disease” means an illness due to a
specific infectious agent or suspected infectious
agent or its toxic products which arises through
transmission of that agent or its products from an
infected animal, or inanimate reservoir to a
susceptible host, either directly or indirectly
through an intermediate plant or animal host vector,
or the inanimate environment, or via an airborne
mechanism.
Absent a clear showing that TB is a contagious
disease as defined above, it is my position that you
are without authority and indeed are exceeding your
authority by attempting to Quarantine my Farm.
No response from the Department has been received. I
am renewing that request by this communication in
writing. I believe that I am entitled ascertain that
you are acting within the scope of your authority
since this action has a direct impact on my
constitutional rights, and I am entitled to
constitutional protections.
Further, you have alleged that my non-compliance
with your request constitutes a crime involving a
felony charge with a $1,000.00 to $50,000.00 fine
and imprisonment of up to 5 years or both. Being
threatened with a felony charge by the state, I am
entitled to my full constitutional guarantees.
Please be advised that based upon the criminal
consequences, my constitutional rights against
self-incrimination prohibit me from signing the
Compliance Statement.
You are aware that my farm is posted with No
Trespassing signs and are subject to all legal
consequences arising from any unauthorized entry.
You are advised that your Department is not to enter
onto my farm without a properly executed search
warrant since any entry by your department would be
to obtain criminal evidence which mandates a search
warrant. My position against your entry onto my
premises is not affected by the authority granted to
the state veterinarian MCL 287.708(3) since all law
enforcement agencies are required in such
circumstances to have a valid search warrant.
Please provide written documentation (with
specificity) how any disease you may suspect on my
farm provides an “economic impacts” required by the
general definition of disease, MCL 287.703(17).
The USDA has provided a Special Grant to the
Michigan Agricultural Experiment Station as reported
in the MAES, January 7, 2007 publication. Please
advise whether the proposed actions on my farm are
part of a surveillance and or monitoring program.
Further, I make by a formal FOIA request that you
provide the underlying authority which allows you to
to carry out this surveillance and monitoring which
must be present as required by MCL 287.708 (1)(e).
My review of the USDA Special Grants material
appears to have established the Program without the
requested epidemiology as reported in the MAES
January 7, 2007 publication.
From my perspective this is nothing more than a
research program carried out under the guise of
fighting a contagious disease.
This program by mandating my cattle to be utilized
in this research program, ordering a quarantine of
my farm and without proper compensation to myself,
or the giving right to not participate or opt out of
this program constitutes a fraud.
This premise is based on the fact that your office
has still not provided me with the epidemiological
basis showing both the contagious nature of the
disease and how my farm is directly at risk based on
the Director’s determination.
Further, until such information is provided, it is
my position that the Director by ordering an
(alleged) Quarantine of my farm is acting
fraudulently beyond the scope of your authority and
are using my cattle without my express authorization
in a experimental research project
Please be Advised, my refusal to allow the testing
is based upon your department’s failure to provide
me with the basis underlying your authority to so
act.
Please Be Advised, it is my understanding that the
state, as part of this experimental program, plans
to inject my cattle with allegedly toxic substances.
Further, prior to any such injection, I require
clear scientific evidence showing that there is no
risk to any of my cattle by such experimental
injections and an agreement by the state to
indemnify and hold me harmless from any unseen or
unintended consequences arising from such injection
or some other reaction caused by such injection,
this indemnity is not to be waived by the provisions
my acceptance of any indemnity you might pay under
this program where you require my total release of
the state from all liability, MCL 287.714(6) which
provision from my perspective is unconscionable
making this provision unconstitutional.
Further, as part of a formal FOIA request, provide
me with a copy of the Bovine Tuberculosis
Eradication, Uniform Methods and Rules which you are
following effective January 1, 2005 or any
amendments thereto, and show the Number of CFT tests
conducted and how these tests (on a consecutive time
frame) have remained in compliance with those
standards.
Further, it is my position that these standards do
not constitute an epidemiological basis for the
proposed action and are experimental in nature and I
should not be required to subject my cattle to such
experimental procedures.
Further, your proposed injection of my cattle with a
toxic substance may have a direct adverse impact on
my own long term study of alleviating mineral
deficiencies and that effect on the health and
improved immunology of my animals.
Further, I have orally indicated to Dr. Graham my
willingness to become a test program to allow the
Department to take tissue, blood and milk samples,
and allow monitoring disclosure of my management
program which will meet any of your objectives
without the potential adverse impact caused by your
proposed injections intended to be done without
providing me with the supporting documentation. If
you agree to this proposal we will enter into
contract negotiations to set forth all protocols for
such a program.
Further, it is my position that the statute MCL
287.742 (6) (b) makes correct reference to
brucellosis surveillance but fails to properly cite
9 CFR 77 when referring to tuberculosis
surveillance. Please advise if this is an incorrect
reference or whether amendment has been made to the
USDA applicable rules and procedures. Also as a
formal FOIA request provide a copy of the applicable
rules, procedures and guidelines for tuberculosis
surveillance as conducted through the cattle
identification program.
Further, I am informed and believe it to be true
that a determination by Horizon Organic Milk does
not approve the codifold tuberculin testing material
for milk that they purchase.
Further, I make a formal FOIA request for any
material obtained by or in possession of your
department relating to the position taken by Horizon
Organic Milk, and any studies or other research
within your department or in it possession regarding
the effect of these injected substances on organic
milk and that this be provided prior to any ordered
injection of my cattle.
I further request under this FOIA to be advised as
to any studies regarding the long term effect of any
such injection of my cattle.
This may adversely impact every animal so injected
as to both its present and future viability in my
farming operation.
All of my review of available material causes me to
determine that this a fraudulent attempt to carry
out research on my cattle without my consent and
without offering a negotiated fair market value for
involving my farm in experimental testing that could
pose unknown adverse impact on my cattle, their
offspring and therefore on my entire farming
operation.
As a further condition of my willingness to proceed
with this experimental program, I will require the
state to agree to indemnify and hold me harmless
both for damage to my animals caused by your
experimental program and potential future damage to
my farming operation due to unintended and unknown
results from such experimental injections.
Please be Advised, I request a copy of the
epidemiological review of the contagious nature of
the Bovine TB, and, if one has not been done, I
request such an epidemiological review be done.
Further, I request a waiver of the annual TB Whole
Herd Testing as reference in the alleged Quarantine
Notice (and throughout the state) by the Director
pursuant to MCL 287.708(6) pending the completion of
the epidemiological review.
Please be Advised, I do not have any suspicion that
any animals on my premises are affected by any
reportable disease.
In placing this alleged quarantine on my farm, you
are maintaining that you do suspect such an animal
being on my premises.
I am making a formal request that you immediately
provide me with the scientific basis constituting
your reason for making the determination that you
suspect that such an animal is on my premises.
This must be given to provide a basis in law for
infringement of my constitutional rights caused by
imposition of the alleged quarantine of my property
and threat of criminal allegations charging me with
a felony. I take this as a very serious threat
against myself, my family, my farm and my ability to
provide for my family. All done without providing me
with the necessary fundamental due process.
I am requesting a copy of the latest report which
you filed with the legislature pursuant to MCL
287.714 (11), this is intended to be a formal FOIA
request to your Department.
I am informed you have determined that my farm is in
a high risk area under MCL 278.709 (11).
Provide me with the closest TB positive tested
cattle to my premises and the number of cattle so
tested, the distance to my premises and the disease
vector factors upon which you are relying to include
my property within this high risk area.
It is further my position that your current demand
for whole herd testing of privately owned cattle
farms appears to be an unfunded mandate since in the
event you are taking an animal you must specifically
request special funding from the legislature MCL
287.714 (5) which since this is part of a federally
mandated program stands in clear violation of 2
U.S.C. 1531-1538 and also the Michigan Elliot-Larson
Civil Rights Act by discrimination against the
agricultural and live stock producers and raisers.
Submitted this 28th day of February, 2007
Gregory Lee Niewendorp
cc. Animal Industry Division, Michigan Department of
Agriculture,
Attn., Reg. Agent Kevin Lauterwasser, 16860 M-32
East, P.O. Box 758,
Atlanta, MI 49709-9900 |
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