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Rep. Harriet Hageman urges appropriations riders to block USDA electronic ID ear-tag mandate
Summary
Representative Harriet Hageman told the House Appropriations subcommittee that the USDA's final rule mandating electronic identification (EID) ear tags for cattle and bison is unlawful, costly and damaging to small and independent producers, and she urged the subcommittee to use FY26 appropriations to prevent implementation.
Representative Harriet Hageman testified to the House Appropriations Subcommittee on Agriculture that the U.S. Department of Agriculture's new rule requiring electronic identification (EID) ear tags for cattle and bison moving across state lines should be blocked through the fiscal year 2026 appropriations process.
Hageman told the subcommittee the Animal and Plant Health Inspection Service final rule "Use of electronic identification ear tags as official identification in cattle and bison" took effect Nov. 5, 2024, and amends the 2013 animal disease traceability (ADT) rule to require radio-frequency identification-style tags for interstate movements. She said the rule exceeds USDA's authority under the Animal Health Protection Act and that the agency failed to conduct required regulatory analyses.
"Not only does USDA lack the authority to enforce such a mandate but it ignored the devastating repercussions of this flawed policy and failed to follow the proper regulatory process," Hageman said. She argued the rule will accelerate vertical integration in the beef industry and harm independent and family-owned operations.
Hageman cited cost and supply concerns. She told the subcommittee USDA's earlier ADT materials estimated a nationwide RFID system could cost between $1.2 billion and $1.9 billion, while the agency's recent estimate for the current rule was about $26.1 million annually. Hageman said the lower figure omits compliance costs for wands, software, hardware, retrofitting infrastructure and labor and relies on only 11% of the regulated community for its calculations.
"This slide of hand was achieved by considering only the cost of the ear tags themselves, ignoring all related compliance costs," Hageman said. She also told members that state veterinarians were reporting shortages of EID tags and that tag prices have risen, creating back orders that leave producers at risk of noncompliance.
On authority and legal process, Hageman said the rule relies on the Animal Health Protection Act (AHPA) but that statute does not authorize the agency to impose civil or criminal penalties and that USDA omitted required Regulatory Flexibility Act and federalism analyses during rulemaking. She said the rule is already subject to legal challenge.
Subcommittee members pressed Hageman on alternatives and near-term relief. Chairman Harris asked whether Hageman's 11% figure reflected only animals that move interstate; Hageman agreed it reflected the initial carve-out and warned the rule is likely to expand in scope. Ranking Member Bishop, while emphasizing the food-safety rationale for traceability, asked that the subcommittee weigh disease-prevention aims against the economic impact on producers.
Hageman told the panel she has introduced bills to nullify the rule and will press to withhold funds for implementation. She noted the subcommittee previously provided $15 million toward implementation but said that funding does not fix what she described as the underlying legal and operational problems.
The subcommittee did not take a vote during the hearing. Members thanked Hageman for testifying and said they would consider the concerns as drafting moves forward on the FY26 appropriations bill.
