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Since July, 2004, the Coalition for Reuniting Pets and Families has been working to bring the microchip manufacturers and distributors in the United States to a consensus to help save pets. The Coalition has had success at bringing most of the participants to the table to discuss the problems with the microchip programs involving companion animals, at this time progress is slowly being made. The Coalition consists of the following groups within the United States: American Animal Hospital Association
American Humane Association
American Society for the Prevention of Cruelty to Animals
American Society of Veterinary Medical Association Executives
American Veterinary Medical Association
Society of Animal Welfare Administrators
Humane Society of the United States Current status of the major microchip distributors in the United States
American Veterinary Identification Devices (AVID)
In the United States AVID sells an encrypted 125 kHz, which means the microchip can ONLY be read by AVID authorized readers. Through a commercial agreement between AVID and Digital Angel (i.e. HomeAgain) either company's reader provided to humane/shelter facilities can read both encrypted and non-encrypted 125 kHz microchips. Because of its encryption, no one else’s reader can read an AVID microchip unless AVID allows the encryption to be decoded.
The United States AVID microchip reader will read both AVID and HomeAgain microchips, but cannot detect ISO microchips. Summary:
• AVID Reader United States- Reads AVID & HomeAgain microchips. Can’t detect ISO 134.2 kHz microchips
• AVID Microchips United States- Encrypted 125 kHz microchips
• AVID maintains its own database Pet Trac. HomeAgain (Digital Angel) distributed by Schering Plough
In the United States, HomeAgain distributes an unencrypted 125 kHz microchip. This microchip can be read by both AVID, and HomeAgain readers. The current infrastructure of veterinary issued HomeAgain readers in the United States will read and identify only a HomeAgain microchip. These veterinary readers will detect but not read an AVID microchip, and cannot detect an ISO microchip. The current United States animal shelter reader will read both a HomeAgain and AVID microchip but cannot detect an ISO microchip. Summary:
• HomeAgain Veterinary Reader United States- Reads HomeAgain microchips & only detects AVID microchips. Cannot detect ISO microchips.
• HomeAgain Shelter Reader United States- Reads HomeAgain microchips & AVID microchips. Cannot detect ISO microchips.
• HomeAgain Microchips United States- Unencrypted 125 kHz microchips
• HomeAgain maintains its own database HomeAgain Pet Recovery Service Banfield/ 24PetWatch
As you may recall, Banfield and 24PetWatch introduced the ISO microchip into the United States in 2003/2004. At this time, 24PetWatch is only distributing a 125 kHz, unencrypted microchip in the United States. Banfield, a corporation of over 500 veterinary hospitals in the United States, has recently begun to dual implant microchips in pets. They are implanting a 125 kHz microchip AND a 132.4 kHz microchip into companion pets since July of 2006. Reportedly, Banfield is seeing about a 5% acceptance of the dual chipping procedure from their clients. The 2 injections are located 1 inch apart per Banfield ISO Microchips
Other than the recent Banfield initiative, 134.2 kHz microchips are not being implanted in the United States in companion animals at this time, although this may soon change. As discussed above, the vast majority of the microchip scanner infrastructure within the United States companion animal community is unable to read frequencies other than the 125 kHz microchips at this time. Recent Changes and Updates
Legislative Initiative In October of 2005, the United States Congress added language to the Agriculture Appropriations Bill that supports the use of microchipping of pets for identification purposes. Congress has also directed the Animal and Plant Health Inspection Service (APHIS) to develop appropriate regulations that best serve the interests of pet owners. In an earlier draft version of this bill, the U.S. House of Representatives had included language that specifically required the use of ISO 134.2 kHz pet microchips, but that language was removed. Following this development, the Coalition for Reuniting Pets and Families petitioned the Animal and Plant Health Inspection Service (“APHIS”) of the United States Department of Agriculture (“USDA”) to publish a notice in the Federal Register soliciting comments on the need for APHIS to promulgate regulations adopting the ISO standard as the National Standard for the microchipping of companion animals for identification (“National ID Standard”). Following is our letter to APHIS: Background
The Coalition, which is comprised of leading U.S. humane societies and veterinary organizations, is urging the U.S. to adopt a system that would allow all scanners to read all microchips. This is not a radical proposal: the U.S. has already adopted the ISO standard for the microchipping of wildlife and livestock. Language directing APHIS to develop such a regulation appears in House Report 109-102 (the “House Report”) for the Fiscal Year 2006 Agriculture, Rural Development and Related Agencies Appropriations Bill (the “Appropriations Bill”).
As you are aware, under the Animal Welfare Act (“AWA”) (7 U.S.C. §2131 et seq.), the Secretary of Agriculture is authorized to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, operators of auction sales, carriers and intermediate handlers. The definition of animal in the AWA is, in part: any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet. In exercising its responsibilities under AWA, APHIS has recognized the importance of identification of animals in the care or custody of individuals, groups or organizations under its jurisdiction.
The Coalition believes that the adoption of the ISO standard as the National ID Standard is important because the current U.S. system for microchipping of pets has not been shown to be an effective means of reuniting pets with their families. The failures of the current system and the need for a national standard have been underscored by the Hurricane Katrina disaster where thousands of companion animals have been separated from their families. Because many of these animals have not been microchipped, or have been chipped with inconsistent technologies, a large number of animals could be euthanized instead of being returned to their families. It is appropriate that APHIS address the issue of an effective and practical microchipping standard as it assesses the needs in the wake of Hurricane Katrina. It is possible to implement a system that will work successfully both in ordinary conditions and under the pressures of a regional disaster.
In an average year, eight to 10 million pets stray from home in the United States but less than 25% of lost pets are reunited with their family. Pet microchips could be a lifesaving solution and increase the number of pets reunited, but unfortunately, fewer than 5% of U.S. pets are microchipped. And, even for those pets that are microchipped, the system is ineffective because of problems with the scanning equipment, the lack of a centralized registry or database and the fact that pets are being fitted with chips of multiple frequencies. As a result, lost pets are euthanized because their owners cannot be located even when they have a microchip. Without a National ID Standard, a workable system may never exist and the number of pets in the United States currently implanted with a microchip for identification will not be expected to climb beyond its current, stagnant rate of less than 5 percent.
Microchipping of pets for identification has not been developed in the U.S. as successfully as it has in other countries because the U.S. has not implemented the worldwide-recognized open standard. Endorsed by the International Standards Organization (“ISO”) and the American National Standards Institute (“ANSI”) after a rigorous process examining all forms of microchipping technologies and practices, and used by nations around the world, ISO microchips feature "open" microchip technology where all scanners can read all chips and the chips have a better reading distance.
The implementation of the ISO standard for pets by most of the world – with the U.S. as the notable exception – has led to a global growth in animal identification. Countries that use the ISO standard, like Canada and members of the European Union, have significantly higher reunification rates – achieved at a much lower cost. For example, 47 percent of lost dogs find their way home in the United Kingdom, where ISO microchips are used – some from the same companies that currently refuse to sell the ISO technology in the United States. Instead, these companies sell an older technology at a higher price to U.S. consumers and veterinarians.
Microchipping technologies have the potential to reunite millions of these lost pets with their families. But the technology must be universally applicable for it to see widespread adoption. In the United States today, a microchip made by one company can not be read by a scanner designed to read the microchip of another. A veterinary clinic may not have the right scanner to detect an identification microchip implanted in a pet by an animal shelter just down the street. Moreover, even when a chip is detected, a veterinarian’s office or animal shelter may not have a registry of chipped animals to which it can quickly refer.
In a properly functioning, ISO based system, as the one used in much of the rest of the world, when a lost pet enters a shelter or veterinary hospital without collar tag identification, the microchip is a failsafe method of reuniting the pet with its family. The shelter or veterinarian waves one “global” microchip scanner, capable of reading all microchips, over the pet and detects the chip. The scanner then displays a microchip number and phone number of the database to where that microchip is registered. At that point, the shelter or veterinarian can call to find the pet owner’s contact information.
It is important to note, the proposed change to ISO will not favor or harm any manufacturer because all manufacturers currently selling non-ISO technology in the United States manufacture and market ISO technology outside the United States. As things stand right now, pets that already have an unencrypted 125 kHz microchip can be read by an ISO scanner. Action by APHIS will not require pet owners to replace 125 kHz microchips. Pets will not die or be euthanized as a result of the adoption of the National ID Standard.
Furthermore, the Coalition firmly believes that the development of truly “global” scanners that can read all chips is a key component of the implementation of a National ID Standard. The language in the House Report clearly calls for the development of scanners that will read all microchips, no matter the frequency. The only potential problem with the adoption of the National ID Standard will be caused by certain manufacturers who have in the past sold encrypted “non-ISO” microchips and who could impede the development and distribution of a truly “global” scanner by refusing to either: (1) license the encryption technology or (2) sell “global” scanners utilizing the technology to the U.S. market. If this continues to happen, the development of a National ID Standard will still be both a necessary and important development for the welfare of companion animals, but the immediate benefit of the transition will not be as evident. In the short term, the animal welfare community will be forced to utilize at least two scanners (an ISO compatible scanner that can read both 125 and ISO chips and a non-ISO scanner that reads encrypted 125 kHz chips). The use of multiple scanners will increase the risk of error and decrease the number of pets ultimately reunited with their families.
However, it is important to note, even if these manufacturers continue to refuse to aid in the development of a truly “global” scanner, the benefits of developing an ISO based National ID Standard that is compatible with the system used in the rest of the world and with large animals in the U.S. are still very real. In fact, the Coalition strongly believes that the proposed solution is a win for all: pet owners would enjoy greater peace of mind at a lower cost, and shelters, animal control officers and veterinarians would have a more efficient system to help pets be reunited with their families. In addition, for veterinarians who treat both pets and livestock, having one scanner would dramatically reduce the chance of errors.
The Coalition for Reuniting Pets and Families is, at its core, about the confidence pet owners deserve to have when they microchip their pets – confidence that a well-functioning system is in place, and that the needs of pets and their families rather than commercial interests take precedence. We are not advocates for one particular company or one specific technology, but rather advocates for a microchipping and pet recovery system that assures lost pets will be reunited with their families. For the sake of pets and families across the country, we urge the USDA to take the first important step towards a National ID Standard and publish a notice in the Federal Register soliciting comments on the need for the adoption of the ISO standard as the National ID Standard. Since this time, informational meeting have been held around the United States for public comment on this proposal. The attendance at these meetings was very impressive as there is much confusion and interest in the topic of pet identification in the United States. Following these series of meetings, the Microchip Coalition sent a letter to Dr. Chester Gipson, the director of APHIS. Here is an outline of this letter: To Dr. Chester Gipson Introduction We applaud the leadership position of APHIS; consistent with coalition goals to save more animals and reunite pets and families
The Coalition believes an effective system for companion animal microchipping facilitates APHIS in fulfilling its responsibility for animal health and welfare.
These specific action steps are narrow; coalition has concern for the overall system into which the APHIS actions play, especially for an adequate supply of global scanners (whether new scanners or upgraded current scanners)
A coalition concern is to minimize financial impacts on users of these technologies Requested Action Plan (1) Global Scanners. We want APHIS to draft rules to implement a mandatory global scanner system within the sector governed by the Animal Welfare Act. We also want APHIS to call on local and state governments to move in kind. Specifically, we will urge APHIS to include the following in its report to Congress:
o APHIS to require the use of global scanners within all places in its jurisdiction under Animal Welfare Act within three (3) years. The global scanners must be backward and forward compatible and read all 125 and 134.2 kHz microchips whether encrypted or unencrypted.
o APHIS to urge industry to provide global scanners on a practical, economical basis to all breeders, wholesalers, transportation firms and research facilities within the jurisdiction of APHIS ("APHIS jurisdiction entities").
o APHIS to encourage further development and use of walk-through scanners. (2) Microchipping Standards in the United States. We urge APHIS to endorse the need for standards governing chips, scanners and databases.
o APHIS to recognize that the only objective RFID standards that have been developed to date are those established through the ISO process, that the ISO standards adopted in 1996 have been adopted by __Western countries including the American National Standards Institute (ANSI) in the United States, and that ISO standards have been adopted by APHIS for production animal, equine, and fish identification programs.
o APHIS to establish that effective in three (3) years a comprehensive standard will be in effect for all microchipping activities and equipment within the jurisdiction of APHIS under the Animal Welfare Act. Further, APHIS will direct that the ISO-adopted standard will be the standard implemented unless an alternative standard is proposed to APHIS, reviewed and recommended as superior to ISO by a working group to be established by APHIS in such circumstances, and adopted by APHIS after recommendation by the working group. (3) National Registration and Database System. We urge APHIS to form a task force to develop and demonstrate on a pilot basis a centralized pathway (available through both a Web-based query system and a telephone call center) through which the appropriate pet microchipping registration database will be identified based on input of a microchip number. The task force should include representatives from the animal care and control community, the veterinary community, APHIS jurisdiction entities, and the microchipping industry. In its report to Congress, APHIS should address:
o The limitations of the current system and highlight the need for an integrated registration and database system that is effective at the local level.
o How this integrated system would be available to agencies such as FEMA to facilitate recoveries during disaster response.
o The current components of a registration and database system that already exist in the United States and suggested improvements.
o Endorsement of an industry/animal welfare-driven solution, not a database and registration system managed by the federal government that potentially threatens privacy and proprietary interests.
o Identification of the industry and animal health and welfare groups willing to participate in the pilot. (4) Stakeholder Education.
o APHIS to undertake a series of educational steps to publicize new initiatives and the need for microchipping throughout US, and work with APHIS jurisdiction entities during the transition.
o Stakeholders include animal care and control, veterinary community, APHIS jurisdiction entities, and the public
o Messages include:
1. The need for identifying companion animals with both tags/collars and microchips.
o The goal of this educational initiative is to instill confidence in an integrated system based on objective RFID standards, which therefore has higher potential for successful outcomes such as reuniting pets and families.
To date, no action has been taken by APHIS. Dr. Larry Dee may be able to provide an update at the meeting in Prague.
Recent Developments in the United States In April of 2006, Bayer Animal Health and Datamars began distributing a new “universal” iMax Black Label microchip reader within the United States The iMax Black Label reader will read 125 kHz encrypted and unencrypted (AVID) microchips as well as most 134.2 kHz or ISO microchips. To date, 8,000 scanners have been distributed. Bayer/Datamars plan to distribute 20,000 free scanners to the animal shelter community. An additional 10,000 scanners will be available for the veterinary community for discount purchase with a microchip order. Datamars believes they have eliminated potential litigation concerns regarding this multi-read scanner within the United States by designing this scanner with a non-patent infringement technology. Bayer also has indicated that they will introduce the ISO chip in a fall launch back to the United States. Since late in 2005, the Digital Angel Corporation has been distributing the HomeAgain WorldScan microchip reader through Schering Plough. The WorldScan reader reads all 125 kHz microchips including the AVID encrypted microchip and 128 kHz (Trovan) microchips. This scanner also detects all and reads some ISO or 134.2 kHz microchips. Digital Angel has expressed concern to the Coalition regarding the Coalition’s stance regarding the APHIS proposal. Following is the Digital Angel position paper regarding this subject: DIGITAL ANGEL CORP, POSITION STATEMENT REGARDING APHIS PROPOSED RULEMAKING ON ANIMAL IDENTIFICATION STANDARDS/ANIMAL WELFARE
1) Universal Scanner
Digital Angel Corp. has completed development of a reader that not only detects but displays the number of any ISO chip. We are working with our distribution partner Schering-Plough to plan for its launch either later this year or early 2007.
We do not believe that legislation is required for this scanner. Nor do we believe that regulation is required as to its pricing.
Digital Angel Corp. is also working on a walk through scanner.
We believe encryption of pet microchips is problematic to the easy identification of lost pets.
2) Microchipping Standards in the U.S.
Digital Angel Corp. has invested millions of dollars to develop improvements to the microchips currently used in the U.S. and holds a number of U.S. patents covering this technology. None of these patents have anything to do with the ISO standard. All are equally applicable to both 125 and 134 kHz chips. An adoption to the ISO standard encourages the importation of chips that violate these patents. This is the reason why Digital Angel Corp. has sued Datamars, Crystal Imports and Banfield for patent infringement. We do not object to their right to sell ISO chips. But we vehemently object to the sale of ANY microchips in the U.S. that violate our U.S. patents.
Any governmental rulemaking such as the establishment of standards should take into consideration the effect that such a rulemaking would have on the significant investments that the U.S. companies have made in intellectual property. Failure to do so could have the effect of stifling innovation, denying the public access to improved products, and unnecessarily increasing the costs of products. When a company must litigate to protect its intellectual property, inevitably these costs are reflected in the price that must be charged for the product.
We do not believe that a different frequency will enhance pet recovery or market penetration. The ISO standard has no technological advantages in pet recovery applications. We believe the market place should dictate whether or not it sees value in such products and that there is no need for legislation. 3) National Registration and Database System
Digital Angel Corp. is not opposed to a search engine that directs shelters to the appropriate database. However, we do not see the benefit of any other aspect of collaboration regarding databases nor further APHIS involvement.
Trovan
Barb Masin of Electronic Identification Devices informed the Microchip Coalition that Trovan (128 kHz) microchips are actively being distributed in the US and implanted today. Some of the Digital Angel pocket scanners may read Trovan. When asked, she could not provide data as to market penetration of Trovan in the United States today. This was indeed news to the members of the microchip coalition as none of us were aware that 128 kHz microchips were still being implanted in the United States.
Conclusion
At this point we are still working hard in the United States to develop a unified animal identification system that will enhance the ability of pet owners to recover lost pets. After 2 years of work, it seems that we may finally have truly “universal” scanners that will read all of the currently implanted microchips in the United States. As long as litigation does not preclude wide distribution of these scanners, we will now have the ability to read the microchips we implant as well as those implanted around the world. The recent announcement that Trovan is actively distributing 128 kHz chips in the United States has raised concern since we have not tested the new scanners with these chips. Regarding a unified frequency microchip, this has not been accomplished to date in the United States.
Respectfully Submitted,
Daniel S. Aja, D.V.M.
Cherry Bend Animal Hospital
Traverse City, Michigan, 49684
aahavet@charter.net
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