(1) all records of registered premises contained in the NPIR, including the name of the entity, name of contact person, address, telephone number, alternate telephone number, and type of operation run on the premises; (2) the number of requests to be removed from database(s) that APHIS has received from owners/managers of registered premises; and (3) the number of premises that actually have been removed from the database.
The APHIS FOIA officer processed the request through to the Office of Veterinary Services ("OVS"), which, among other things, maintains NAIS. On November 16, 2007, the OVS supplied the FOIA officer with between 14,000 and 17,000 pages of information in response to plaintiff's request. Shortly thereafter, on December 13, 2007, the USDA denied her request and informed plaintiff that the requested recordsto preserve the NPIR documents responsive to plaintiff's FOIA request, and to access the NPIR database only when necessary to track or identify a diseased animal.
On June 19, 2008, in response to the Court's Order, defendant sent plaintiff the database information that the FOIA officer received pursuant to his inquiry in January and February of 2008. The USDA provided information from November 30, 2006 to October 9, 2007, which included the names of producers who were removed from the NPIR database but did not include dates of removal. The USDA informed plaintiff on June 30, 2008 that columns C through Q of the NPIR, though responsive to plaintiff's claim, were exempt from disclosure under FOIA Exemption (3) because § 1619 of the FCEA of 2008 prohibited disclosure.[3] Additionally,