#LIST OF STATES WITH CHECK OFF SERIES#

In its first opportunity to hear the issue, the U.S. On three occasions this issue has been before the U.S. Constitution by mandating the challengers to pay a mandatory assessment to pay for speech with which they disagree. The primary constitutional argument has centered on the argument that the programs violate the First Amendment of the U.S. Since that time, a variety of constitutional challenges have been brought against different checkoff programs on a variety of grounds. As far back as 1941, a Michigan apple producer brought challenged the constitutionality of the apple checkoff program (expressly a tax under state law). Many states have state-law authorized programs for beef and soybeans that operate in independently of the federally-authorized programs for beef and soybeans.Ĭheckoff programs have been challenged in courts and in USDA administrative proceedings in various ways on numerous occasions over the past decades.

Other examples include an apple checkoff in Michigan and table grapes in California. For example, states like Arkansas, Mississippi, Missouri, and California operate statutorily-authorized state-level programs for rice. That said, “Qualified State Beef Councils” are addressed as part of Legal Checkup on Checkoffs: “Redirection” and Producer Refunds Under the Beef Checkoff, available here.Īdditionally, there are checkoff programs that fall outside the orbit of the above-mentioned checkoff programs that are overseen by AMS. Note that programs such as those for beef and soybeans operate in a statutory and regulatory framework that contains both a federal board and numerous state-level entities known as “Qualified State Beef Councils” and “Qualified State Soybean Boards.” These state councils will be addressed in further detail in a subsequent article in this series. The board members are nominated by the industry in the manner prescribed in the applicable law and then appointed by the Secretary of Agriculture. Regardless of the statutory authority, the day-to-day management of each program is overseen by a research and promotion board (and its staff) which in turn is overseen by AMS. The remaining programs operate under the authority of the Commodity Promotion, Research, and Information Act of 1996, available here, often referred to as the “generic promotion law.” Programs for lamb, Christmas trees, blueberries, honey, mangoes, peanuts, paper and paper-based packaging, softwood lumber, and sorghum operate under the authority of the generic promotion law.

Programs for eggs, beef, cotton, dairy, pork, potatoes, watermelons, and popcorn are also authorized by a specific statute for the respective commodity. For example, the Soybean Research and Promotion program, available here, operates under the authority of the Soybean Promotion, Research, and Consumer Information Act, available here. Of those twenty-one programs, twelve operate under, and are administered under, authority provided by a federal statute specific to the commodity. An updated list of current AMS-overseen checkoff programs is available here. The number has been higher than twenty-one in the past and could increase in the future depending on whether new programs – hemp, for example – are approved by AMS or created via legislation. These range from commodities like dairy, beef, and soybeans, to honey, watermelons, softwood lumber, and potatoes.

While these programs have basic similarities, they can differ considerably in terms of legal and regulatory boundaries, administration, and operation.Ĭurrently, the USDA Agricultural Marketing Service (AMS) oversees twenty-one research and promotion boards at the federal level, which consist of large and small producers, importers, and other commodity stakeholders. Producers and handlers of various agricultural commodities usually finance these programs from assessments charged on a per unit basis of the marketed commodity. The term “checkoff” is derived from historical programs that were not mandatory producers marked a checkoff box if they wished to contribute to the program. This article focuses on the basics of what exactly is a “checkoff” program, including the primary legal issues that have arisen over the past decades.Ĭheckoff programs promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands.

#LIST OF STATES WITH CHECK OFF SERIES#

This blog post is the first part of a “Legal Checkup on Checkoffs” series that will address numerous legal issues involving federal and state commodity research and promotion programs, commonly referred to as “checkoff” programs.

List of states with check off