View source for Commodity checkoff program

{{Short description|USA industry association of USDA}}
{{Use mdy dates|date=August 2021}}
In the [[United States]], a '''commodity checkoff program''' promotes and provides research and information for a particular agricultural commodity without reference to specific producers or brands.  It  collects funds through a [[checkoff]] mechanism that is sometimes called '''checkoff dollars''', from producers of a particular agricultural [[commodity]] and uses these funds to promote and do research on that particular commodity. As stated earlier the organizations must promote their commodity in a generic way without reference to a particular producer.  Checkoff programs attempt to improve the market position of the covered commodity by expanding [[market (economics)|market]]s, increasing [[demand]], and developing new uses and markets. Checkoff programs amount to $750 million per year.<ref>{{cite journal|last1=Sabet|first1=Michael|title=UNDERSTANDING THE FEDERAL COMMODITY CHECKOFF PROGRAM|date=April 2010|page=7|url=https://pennstatelaw.psu.edu/_file/aglaw/Federal_Commodity_Checkoff_Program_Michael_Sabet.pdf|access-date=25 August 2017|publisher=PSU Law}}</ref>

The [[United States Department of Agriculture]] is responsible for overseeing the formation of checkoff organizations under the authority of the Commodity, Promotion, Research and Information Act of 1996.

These organizations are responsible for familiar American [[advertising campaign]]s, including "Milk Does a Body Good," the [[Got Milk?]] milk moustache series, "[[Pork. The Other White Meat]]", "[[The Incredible, Edible Egg]]", and "[[Beef: It's What's for Dinner]]."

Many of these programs are authorized by the '''Commodity Promotion, Research and Information Act of 1996'''.<ref name=cpria />

==United States policy==

The [[Sheep Promotion, Research, and Information Act of 1994]] authorized the creation of the [[American Lamb Board]] as a commodity checkoff program.<ref name=cpria>{{citation |title=Commodity Promotion, Research, and Information Act of 1996 (P.L. 104-127)|url=https://www.gpo.gov/fdsys/pkg/USCODE-1996-title7/pdf/USCODE-1996-title7-chap101-subchapII.pdf|publisher=[[Government Printing Office]]|access-date=13 October 2017}}</ref>

Because individual producers of nearly homogeneous agricultural commodities cannot easily convince consumers to choose one egg or orange or a single cut of beef over another, they often have joined together in commodity promotion programs to use generic advertising in an effort to expand total demand for the commodity with the objective of helping their own sales as well. Activities are intended to expand both domestic and export demand; examples include advertising, nutrition education, research to improve product quality and appeal, market research studies, and technical assistance. These activities are often self-funded through assessments on marketing – hence, the name commodity check-off programs.



This [https://nationalaglawcenter.org/74563-2/ article] provides a state-by-state application of the USDA Agricultural Marketing Service final rule, Soybean Promotion, Research, and Consumer Information; Beef Promotion and Research; Amendments to Allow Redirection of State Assessments to the National Program; Technical Amendments.

==Controversies==

Congress has permitted producer groups to make [[checkoff]]s mandatory, and this aspect has generated legal challenges by some producers, who contend they must pay taxes for activities they would not underwrite voluntarily. The U.S. Supreme Court [in United States v. United Foods, Inc., 533 U.S. 405, 412 (2001)] ruled that the mushroom check-off violated the Constitutional free speech provisions (First Amendment), creating uncertainty about the future of other check-offs. Since then, separate lower federal courts have ruled that various check-offs also are unconstitutional. However, on May 23, 2005, the Supreme Court ruled that the beef check-off does not violate the First Amendment. In its decision, [[Johanns v. Livestock Marketing Association]] and Nebraska Cattlemen v. Livestock Marketing Association (Nos. 03-1164 and 03-1165), a majority of the Court agreed with check-off defenders that the programs are in fact "[[government speech]]" (an issue that was not considered in the mushroom decision).<blockquote>"Compelled funding of government speech does not alone raise First Amendment concerns,"..."Citizens may challenge compelled support of private speech, but have no First Amendment right not to fund government speech."<ref name="Government Speech">{{cite news|last=Greenhouse|first=Linda|title=Justices Say All Ranchers Must Help Pay for Federal Ads|url=https://www.nytimes.com/2005/05/24/politics/24scotus.html|access-date=September 2, 2011|newspaper=[[The New York Times]] |date=May 24, 2005|quote="Compelled funding of government speech does not alone raise First Amendment concerns," Justice Scalia said, adding, "Citizens may challenge compelled support of private speech, but have no First Amendment right not to fund government speech."}}</ref> </blockquote> A Montana federal court ruled in June 2017 that the operation of the beef checkoff there was unconstitutional.<ref name="New Food Economy">{{Cite web|url=https://thecounter.org/montana-beef-checkoff-suit/|title=Does "Beef: It's What's For Dinner" violate the First Amendment?|date=June 27, 2017|first=Joe|last=Fassler|website=The Counter|access-date=August 21, 2017}}</ref>

In 2008, the [[American Egg Board]] attempted to funnel $3 million to oppose a ballot measure in California prohibiting the extreme confinement of farm animals. They were stopped by an injunction issued by a federal court.<ref name="Los Angeles Times">{{Cite web|url=https://latimesblogs.latimes.com/lanow/2008/09/needs-a-hed-3.html|title=Chickens beat eggs in Proposition 2 lawsuit|date=September 23, 2008|first=Veronique|last=de Turenne|website=Los Angeles Times|access-date=August 21, 2017}}</ref> In 2013, the Egg Board attempted to get government regulators and retailers to take action to halt sales of egg-free vegan "Just Mayo" brand products.<ref name="Fortune Magazine">{{Cite web|url=https://fortune.com/2016/10/10/american-egg-board-hampton-creek/|title=USDA Says American Egg Board's Anti-Vegan Mayo Campaign Was 'Inappropriate'|website=[[Fortune (magazine)|Fortune]]|first=Beth|last=Kowitt|date=October 10, 2016|url-access=subscription|archive-url=https://web.archive.org/web/20161011164246/https://fortune.com/2016/10/10/american-egg-board-hampton-creek/|archive-date=October 11, 2016|access-date=August 21, 2017}}</ref> In this scandal, an Egg Board executive was caught discussing "putting a hit on" [[Hampton Creek]] co-founder [[Josh Tetrick]].<ref name="Los Angeles Times 2">{{Cite web|url=https://www.latimes.com/business/la-fi-egg-board-investigation-20161007-snap-story.html|title=The egg industry launched a secret two-year war against a vegan mayonnaise competitor|date=October 7, 2016|website=Los Angeles Times|first=Geoffrey|last=Mohan|access-date=August 21, 2017}}</ref>

Despite $4 million spent to support the retention of the checkoff, a referendum held in 2000 among hog farmers voted to eliminate the checkoff. Ann Veneman, the Secretary of Agriculture, voided the results.<ref name="High Plains Journal">{{Cite web|url=https://www.hpj.com/archives/hog-farmers-criticize-veneman-for-not-terminating-checkoff/article_3c8c6451-5341-55b7-9c70-974e3d5435d9.html|title=Hog farmers criticize Veneman for not terminating checkoff|website=[[High Plains Journal]]|date=January 1, 2001|access-date=August 21, 2017}}</ref>

The Senate in 2017 was considering changes to the enabling legislation.<ref>{{cite web|last1=Huehnergarth|first1=Nancy Fink|title=Senators Introduce Bill To Halt Anticompetitive Activities Of USDA Checkoff Programs |url=https://www.forbes.com/sites/nancyhuehnergarth/2016/07/14/senators-booker-and-lee-introduce-bill-to-halt-anticompetitive-activities-of-usda-checkoff-programs/#7eaefb2c4286|access-date=25 August 2017|website=[[Forbes]]|date=July 14, 2016}}</ref>

===Legal challenge===
{{See also|Ranchers-Cattlemen Action Legal Fund v. Sonny Perdue|Ranchers-Cattlemen Action Legal Fund v. USDA}}
The constitutionality of checkoffs was challenged in federal court, and in July 2021 the [[United States Court of Appeals for the Ninth Circuit]] affirmed a 2020 grant of summary judgment dismissing the challenging suit.
{{Blockquote
|text="The court found that threat of decertification of the [qualified state beef councils] upon the Secretary’s disapproval of their use of funds worked to effectively control the third-party speech, thus rendering it government speech immune to First Amendment review."<ref>{{Cite web|url=https://aglaw.psu.edu/ag-law-weekly-review/agricultural-law-weekly-review-week-ending-july-30-2021/|title=Checkoff Programs: Federal Appeals Court Upholds Dismissal of R-CALF Beef Checkoff Challenge|website=[[Penn State Law]]|date=August 3, 2021|access-date=August 23, 2021}}</ref>
}}

== Major checkoff organizations ==
{{div col|colwidth=30em}}
*Almond Board of California
*[[American Egg Board]]
*American Lamb Board
*[[Beef Checkoff|Cattlemen's Beef Board]]
*[[National Cattlemen's Beef Association|Cattlemen's Beef Promotion and Research Board]]
*[[Christmas Tree Promotion Board]]
*Concrete Masonry Products Board<ref>{{Cite web|url=https://www.congress.gov/115/bills/hr302/BILLS-115hr302enr.pdf|title=Concrete Masonry Products Research, Education, and Promotion Act of 2018|page=284-300|website=[[Congress.gov]]|access-date=August 23, 2021}}</ref>
*[[Cotton Board (United States)|Cotton Board]]
*[[National Dairy Promotion and Research Board]]
**[[Dairy Management Inc.]]
*[[Mushroom Council]]
*National Honey Board
*National Mango Board
*United Sorghum Checkoff Program
*National Watermelon Promotion Board
*[[National Peanut Board]]
*[[National Pork Board]]
*[[National Processed Raspberry Council]]
*[[Paper and Packaging Board]]
*Popcorn Board
*[[Propane Education and Research Council]]
*U.S. Highbush Blueberry Council
*[[United Soybean Board]]
*United States Potato Board
{{div col end}}

==See also==
*[[Industry trade group]]

==References==
{{Reflist}}

{{CRS|article = Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition|url = https://web.archive.org/web/20110810044532/http://ncseonline.org/nle/crsreports/05jun/97-905.pdf|author= Jasper Womach}}

==External links==
* [https://agrwbc.mt.gov/CheckoffatWork-Pages/Checkoff-At-Work Checkoff At Work, Montana Wheat and Barley Committee]
* [https://www.beefboard.org/checkoff/ What Is the Beef Checkoff?]
*[https://nationalaglawcenter.org/overview/checkoff/ NALC Commodity Checkoff Overview]
*[https://nationalaglawcenter.org/what-is-a-checkoff/ What is a Checkoff?]
[[Category:United States Department of Agriculture programs]]
[[Category:Marketing boards]]
[[Category:Commodity checkoff programs]]


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