Harrison Pittman, Director
This 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 (“Redirection Rule”). For more background information, please review prior articles in this Legal Checkup on Checkoff series, What is a Checkoff?, here, and Beef Checkoff Basics, here. Redirection and Producer Refunds Under the Beef Checkoff, available here, provides a more comprehensive discussion of the Redirection Rule and the historical treatment of producer refunds under the national beef checkoff than that which is provided in this article.
Background
The Redirection Rule applies in two circumstances: (1) in the event that the producer’s state law does not require the assessment be paid to the state’s Qualified State Beef Council (“QSBC”), and (2) when the producer’s state law has “authorized or permitted” a producer refund. This article focuses on the producer refund requirement. USDA explains that “If a QSBC offers a producer refund under a State statute, the QSBC can only refund to the producer any State assessment collected in addition to the $1.00-per-head assessment that the producer is required to pay under the Beef Act.” (84 Fed. Reg. 20765, 20767).
The state-by-state analysis below identifies (1) whether producers in the state pay a state-only assessment, in addition to the national checkoff assessment all cattle producers (unless statutorily exempted) must pay as mandated by the federal Beef Promotion and Research Act of 1985; (2) whether the state has an applicable beef checkoff statute and, if so, the statutory citation(s) and a link to the law; (3) whether the state statute provides for a producer refund and, if so, whether the statute indicates that the refund applies exclusively to the state-only checkoff program, and, finally, (4) how the state was identified in the states-by-state chart (“USDA Chart”) issued as part of the proposed Redirection Rule issued on July 15, 2016. As explained below, a state identified in the USDA Chart as having a producer refund is a state to which USDA believed at that time the Redirection Rule applied.
In issuing the proposed rule, USDA stated that it issued the USDA Chart to identify “to the best of its knowledge, whether cattle and soybean producers in each state are eligible to request redirection of their assessments and will strive to keep this chart updated.” (See USDA Agricultural Marketing Service, FAQs: Amendments to Allow Redirection of Beef and Soybean Checkoff Assessments from a State Board or Council to the National Program, available here). In issuing the final Redirection Rule on May 13, 2019, USDA noted that it had “received comments indicating that the chart was difficult to follow and, in some cases, inaccurate.” (84 Fed. Reg. 20765, 20769). USDA further stated that “AMS believes that application of State laws are best interpreted by the States themselves. The States, not AMS, are responsible for interpretation of their respective state laws.” (84 Fed. Reg. 20765, 20770).
The USDA Chart indicated that the Redirection Rule applied to nearly two dozen states. The state-by-state analysis provided below indicates that the actual number of states to which that requirement applies was (and remains) much lower. In all likelihood, the Redirection Rule producer refund requirement applies to less than five states, and it is possible that it applies to no states at all.
For additional discussion that raises the issue of whether or to what extent the Redirection Rule is compatible with the Beef Promotion and Research Act, see Beef Checkoff Dollars & USDA Redirection: Compatible with Federal Law?, available here.
To help provide full context for making the determination of whether or when the Redirection Rule applies in a given state, this article identifies how each state was categorized in the USDA Chart.
State-by-State Analysis
Alabama ǀ Alaska ǀ Arizona ǀ Arkansas ǀ California ǀ Colorado ǀ Connecticut ǀ Delaware ǀ Florida ǀ Georgia ǀ Hawaii ǀ Idaho ǀ Illinois ǀ Indiana ǀ Iowa ǀ Kansas ǀ Kentucky ǀ Louisiana ǀ Maine ǀ Maryland ǀ Massachusetts ǀ Michigan ǀ Minnesota ǀ Mississippi ǀ Missouri ǀ Montana ǀ Nebraska ǀ Nevada ǀ New Hampshire ǀ New Jersey ǀ New Mexico ǀ New York ǀ North Carolina ǀ North Dakota ǀ Ohio ǀ Oklahoma ǀ Oregon ǀ Pennsylvania ǀ Rhode Island ǀ South Carolina ǀ South Dakota ǀ Tennessee ǀ Texas ǀ Utah ǀ Vermont ǀ Virginia ǀ Washington ǀ West Virginia ǀ Wisconsin ǀ Wyoming
Alabama: Alabama cattle producers pay a state-only assessment of one-dollar-per-head, in addition to the national checkoff assessment. The applicable state statute is found at Ala. Code 1975 §§ 2-8-1 through 2-8-22. The statute contains a producer refund provision, which refers exclusively to the “assessment . . . made and collected under authority of this article. . . .” (§ 2-8-15). The Alabama Cattlemen’s Association website further explains as follows: “The state checkoff program differs from the national checkoff program in three major ways: 1. State Checkoff has a refund provision. . . .” The USDA Chart identifies Alabama as a state that provides for a producer refund.
Alaska: Alaska producers pay only the national checkoff assessment. There is no applicable state beef checkoff statute. The USDA Chart identified Alaska as a state that does not have a QSBC.
Arizona: Arizona producers pay only the national checkoff assessment. The applicable state statute is found at A.R.S. §§ 3-1231 through 3-1239. The statute once contained a producer refund provision, but that provision was repealed in 1987. The USDA Chart identifies Arizona as a state that does not provide a producer refund. Arizona is used as one of three states highlighted in the final Redirection Rule as a guide to how the rule works with respect to the producer refund requirement.
Arkansas: Arkansas producers pay only the national checkoff assessment. Arkansas has two applicable statutes, one that pre-existed the national beef checkoff and another enacted after the national program was created. The first statute, found at Ark. Code. Ann. §§ 2-35-301 through 2-35-310, contains a producer refund provision at § 2-35-310 that, at least at the time, applied only to the twenty-five cents per head assessment collected pursuant to § 2-35-310(a)(1). The second statute, found at Ark. Code Ann. §§ 2-35-401 through 2-35-406, states that it “shall not repeal or modify the provisions of § 2-35-301 et seq., but the provisions of § 2-35-301 et seq., so far as they relate to the levy and collection of an assessment of twenty-five cents . . . per head on cattle sold in this state, shall be suspended until such time as the national beef promotion and research program is terminated.” (§2-35-401(b)). The USDA Chart identifies Arkansas as a state that provides for a producer refund.
California: California producers pay a state-only assessment of one-dollar-per-head, in addition to the national checkoff assessment. The California Beef Council Law, found at West’s Ann. Cal. Food & Agric. §§ 64501 through 64736, states that the assessment “is nonrefundable.” (§ 64691(b)). A second statute, which is specific to the state-only program, is found at West’s Ann. Cal. Food & Agric. Code § 65001 through 65087. That statute contains a producer refund provision. (See §§ 65002(e), 65075, and 65071). The USDA Chart identifies California as a state that does not allow producer refunds. The Chart also states that California producers pay only the national checkoff assessment. The second statute was enacted in 2018.
Colorado: Colorado cattle producers pay only the national checkoff assessment. Notably, Colorado is one of three states highlighted in the final Redirection Rule as a guide to how the rule works. The applicable state statute, the Colorado Beef Council Authority Act, is found at C.R.S.A. §§ 35-57-101 through 35-57-120. The statute states that producers “who paid a beef board fee at the time of the brand inspection as required by section 35-57-117 shall be entitled to an eighty-five percent refund of such fee.” (§ 35-57-119). The statutory language specifies that a key purpose of the Act is “To provide funds for the administration and enforcement of this article by contributions or fees in the event the federal cattlemen’s beef promotion and research board . . . ceases to exist. Such moneys shall be collected in the manner prescribed in this article.” (§ 35-57-102(c)). The Act’s legislative history contains multiple instances in which it was stated that the eighty-five percent refund was to apply only in the event that the national beef checkoff ceased to exist. For example, the bill sponsor explained the refund amendment on the full House floor as follows: “There are no changes on this as long as the national beef checkoff is in place. If that goes away, the state plan would go into force.” At another point, the sponsor explained “. . . this refund possibility won’t make any difference until the national checkoff goes away”. (Full official legislative history on file with author).
As noted, Colorado is used as an example to guide producers, QSBCs, and others as to how the Redirection Rule actually works. That example is explained as follows:
Example 2—States with a State Law that Authorizes Refunds: A producer in Colorado pays $1.00 in assessments for a cattle sale. The Colorado Beef Council collects $1.00, keeps $0.50, and forwards $0.50 to the Beef Board. Colorado State law requires an assessment but allows a refund. The producer may request that the $0.50 cents of the original $1.00 assessment be redirected to the Beef Board. This example is depicted in Figure 2. (84 Fed. Reg. 20765, 20768 (May 13, 2019) (Figure 2 not shown here)).
The USDA Chart identifies Colorado as a state that allows for a producer refund.
Connecticut: Connecticut producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart identifies Connecticut as a state that does not have a QSBC.
Delaware: Delaware producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart identifies Delaware as a state that does not offer a producer refund.
Florida: Florida producers pay only the national checkoff assessment. In 2004, Florida enacted the Beef Market Development Act, found at F.S.A. § 570.83, which contains a producer refund provision at § 570.83(11). A producer referendum – which has not yet occurred – must first be passed by Florida cattle producers in order for the statute to come into effect. A Senate Staff Analysis and Economic Impact Statement issued (see also here, and full legislative history here) as part of the enactment of the Act states that the legislation “establishes procedures for the refund of assessments on request” and that “the assessments pursuant to the beef check-off program will not be initiated prior to the elimination of the national beef check-off program.” Additionally, that same Senate Staff Analysis states that “[t]he beef producers in this state have resolved that it is in their interest to have a state-level program on stand-by if the national check-off program is ruled unconstitutional by the U.S. Supreme Court.” The USDA Chart identifies Florida as a state that allows for a producer refund.
Georgia: Georgia cattle producers pay a state-only checkoff assessment of one-dollar-per-head, in addition to the national checkoff assessment. The applicable state laws are found at O.C.G.A. §§ 2-8-1 through 2-8-38 and at Ga. Comp. R. & Regs. 41-1-.01 through 41-1-.13, here, neither of which provide for a producer refund. The USDA Chart identifies Georgia as a state that does not allow for a producer refund.
Hawaii: Hawaii producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart identifies Hawaii as “Not applicable” in regards to whether the state provides a producer refund.
Idaho: Idaho producers pay a state-only checkoff assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable state statute is found at I.C. §§ 25-2901 through 25-2912. Subsection 25-1907(1) Act states that “There is hereby levied and imposed upon all cattle an assessment of not more than fifty cents. . . . Any person may submit a written request for a refund of the assessment . . . to the council. . . .”. Based on that language, it appears that the producer refund attaches solely to the state-only assessment. The Act further provides that “In the event the federal beef promotion and research act is no longer in effect . . . the Idaho Beef Council shall have the authority to increase the assessment provided in subsection (1) of this section to not more than one dollar and fifty cents . . . per head” and that “. . . [a]ny person may submit a written request for a refund of the assessment. . . .”. (I.C. § 25-2907(4)). See also, the Idaho Beef Council administrative rules, here. The USDA Chart identifies Idaho as a state that allows for producer refunds.
Idaho is one of three states highlighted in the proposed Redirection Rule (but not in the final Redirection Rule) as a guide to how the rule works. (81 Fed. Reg. 45984, 45986 (July 15, 2016)). In the proposed rule, it was explained that Idaho producers paid both the national checkoff assessment and the state-only assessment of fifty-cents-per-head. USDA stated as follows:
The Idaho Beef Council collects $1.50, keeps $1.00, and forwards $.50 to the Beef Board. The producer requests a refund of all funds paid to the Idaho Beef Council. The Idaho Beef Council may refund the $0.50-per-head State assessment to the producer, but the producer is required to pay $1.00 under the Beef Act. Since Idaho State law only compels an assessment of $0.50, which is refundable, the producer may request the Idaho Beef Council to redirect the remaining $0.50 of the $1.00 retained from the original $1.00-per-head federal assessment to the Beef Board. (81 Fed. Reg. at 45986).
On August 31, 2016, the Directors of the Idaho Beef Council submitted official comments to USDA Agricultural Marketing Service regarding the proposed rule. Those comments stated, in part, that “We are collectively writing this public letter to share our concerns regarding the consequences of the proposed rule for redirection of the state beef checkoff assessment. We wish to express that the proposed rule, if adopted, will be in direct conflict of our Idaho law.” The letter further concluded that “Idaho law thus does not authorize distribution, or redirection, of more than fifty cents ($0.50) to the Cattlemen’s Beef Board.”
Illinois: Illinois producers pay a state-only checkoff assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable state statute, found at 505 ICLS 25/1 through ICLS 25/10, states that a producer who pays the national checkoff assessment “shall be entitled to receive a refund which may be made in a manner consistent with the coordination of this Act and the National Beef Promotion Research Program for such time as such Program may be in effect.” (§ 25/10). According to the Illinois Beef Checkoff Division, here, the state-only assessment “is collected on all cattle sold in Illinois and differs from the national checkoff program in two major ways . . . 1. The fifty cent state checkoff is refundable.” The USDA Chart identifies Illinois as a state that allows for producer refunds. The Chart also states that Illinois producers pay only the national checkoff assessment.
Indiana: Indiana producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart identifies Indiana as a state that does not provide producer refunds.
Iowa: Iowa producers pay a state-only assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable state statute, found at I.C.A. §§ 181.1 through 181.20, states that “A person from whom a state assessment is collected may . . . have the amount . . .[refunded] to the person.” (§ 181.12; see also § 181.1(10) (defining “State assessment”)). The Iowa Beef Council explains further that the state-only assessment “is refundable. . . . A producer who has paid an assessment to the mandatory Iowa State Beef Checkoff may obtain a refund . . . . The current National Beef Checkoff Program is not refundable.” The USDA Chart identifies Iowa as follows: “If state assessment collected, refund available”.
Kansas: Kansas producers pay only the national checkoff assessment. Kansas does not have a state beef checkoff statute. The USDA Chart identifies Kansas as “Not applicable” in regards to whether it provides a producer refund.
Kentucky: Kentucky producers pay a state-only assessment of one-dollar-per-head, in addition to the national beef checkoff assessment. The Kentucky statute, found at K.R.S. §§ 247.610 through 247.685, contains a producer refund provision at § 247.675. The statute provides that once a producer referendum is passed in accordance with the Act’s requirements, “any producer upon and against whom such assessment shall have been levied and collected . . . if dissatisfied with said assessment . . ., shall have the right to demand of and receive . . . a refund of such assessment so collected from such producer. . . .” (§247.675). The USDA Chart identifies Kentucky as a state that offers a producer refund. The Chart also states that Kentucky producers pay only the national beef checkoff assessment.
Louisiana: Louisiana producers pay only the national checkoff assessment. The applicable state statute, found at LSA-R.S. §§ 3:2051 through 3:206, does not contain a producer refund provision. Prior to 2015, Louisiana law provided for a producer refund of a state-only assessment of fifty-cents-per-head. However, those provisions were repealed in 2015. The USDA Chart also identifies Louisiana as a state that offers a producer refund. The Chart also states that Louisiana producers pay both a state-only assessment and the national checkoff assessment.
Maine: Maine producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart identifies Maine as a state that does not provide a producer refund.
Maryland: Maryland producers pay only the national checkoff assessment. The applicable state statute is found at Md. Code Agriculture §§ 10-101 through 10-116, which contains a producer refund provision at § 10-114. That statute requires completion of an extensive process, principally including a producer referendum, in order to create a program under the state law. That process has not occurred and, therefore, there is no state beef checkoff program in effect – i.e., no state assessment that would be subject to the refund provision at § 10-114. The USDA Chart identifies Maryland as a state in which a producer refund is offered.
Massachusetts: Massachusetts producers pay only the national checkoff statute. There is no applicable state statute. The USDA Chart identifies Massachusetts as a state that does not have a QSBC.
Michigan: Michigan producers pay only the national checkoff assessment. The applicable state law, known as the “Beef Industry Commission Act”, is found at M.C.L.A. §§ 287.601 through 287.610. The Act has not been used to establish a state-only checkoff and does not otherwise provide for a producer refund. The USDA Chart identifies Michigan as a state that does not provide for a producer refund.
Minnesota: Minnesota producers pay only the national checkoff assessment. The applicable state statute, the Agricultural Commodities Promotion Act, is found at M.S.A. §§ 17.50 through 17.69. The state statute contains a producer refund provision at § 17.63, which refers only to the assessment that would be in place after completion of an extensive petition and producer referendum process required by the statute. (See., e.g., § 17.63(a) (“Rules governing the refund of checkoff fees . . . shall be formulated by the commissioner, shall be fully outlined in the promotion order, and shall be available for the information of all producers concerned with the referendum.”). The Minnesota Office of Legislative Auditor reports that cattle producer refunds are not available in Minnesota, explaining in part: “Producers pay $1 per head in checkoff fees; the nonrefundable federal checkoff-fee amount reflected in the exhibit supersedes the refundable checkoff-fee amount of $0.50 per head established in the Minnesota Beef Council’s promotional order”. (See “Evaluation Report, Agricultural Commodity Councils. p. 21, available here. See also Exhibit 2.6 of the same report.).
Additionally, a producer referendum was held in 2014 to create a state-only checkoff that would have added an assessment of one-dollar-per-head. The referendum did not pass, but a press release issued by proponents of the referendum is reported as having stated in part that that “The proposed state checkoff would differ from the federal checkoff currently being collected. If the state checkoff is passed, the entire $1 stays in the state to communicate with influencers and consumers; is voluntary, a refund can be requested through the Minnesota Department of Agriculture. . . .”
The USDA Chart identifies Minnesota as a state that provides a producer refund.
Mississippi: Mississippi producers pay only the national checkoff assessment. In 2005, Mississippi enacted a beef checkoff statute found at Miss. Code Ann. §§ 69-8-1 through 69-8-15. Section 69-8-13 allows for a producer refund of the assessment paid under the statute, but requires there must first be a producer referendum called by the Commissioner of the Mississippi Department “allowing producers to vote as to whether an assessment on One Dollar . . .per head on all cattle sold in the state . . . shall be levied . . . .” to establish the assessment. That process has not occurred and, therefore, there exists no assessment to which the producer refund provision would apply. The USDA Chart identifies Mississippi as a state that offers a producer refund.
Missouri: Missouri producers pay only the national checkoff assessment. The applicable state statute, found at V.A.M.S. §§ 275.300 through 275.360, provides for a producer refund at § 275.360. However, § 275.352(1) states that “Upon adoption of the federal assessment, beef shall be exempt from the refund provision of section 275.360.” Additionally, the statute requires a producer referendum to pass in order to create a state-only checkoff. The most recent referendum, held in 2015, did not pass. The USDA Chart identifies Missouri as a state in which a producer refund is not available.
Montana: Montana producers pay only the national checkoff assessment. The applicable state statute, found at M.C.A. §§ 81-8-901 through 81-8-902, does not provide for a producer refund. The USDA Chart identifies Montana as a state that offers a producer refund.
Special Note: The proposed Redirection Rule was asserted by USDA as a primary defense to the ongoing constitutional challenge, Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America v. USDA, filed in the Montana federal district court approximately six weeks before the proposed Redirection Rule was issued. However, that defense was predicated not on the producer refund requirement, but on the other Redirection Rule requirement – i.e., when a producer’s state law does not require the assessment be paid to the QSBC. R-CALF will be addressed in future articles in this series, but background to the case is discussed in Beef, Beans, & The First Amendment: Loss of Sovereignty for State Beef Councils and Soybean Boards?, available here.
Nebraska: Nebraska producers pay only the national beef checkoff. There is no applicable state statute in Nebraska. The USDA Chart identifies Nebraska as a state that does not provide a producer refund.
Nevada: Nevada producers pay only the national beef checkoff. There is no applicable state statute. The USDA Chart identifies Nevada as “Not applicable” in regards to whether it offers a producer refund.
New Hampshire: New Hampshire producers pay only the national beef checkoff. There is no applicable state statute. The USDA Chart identifies New Hampshire as a state that does not have a QSBC.
New Jersey: New Jersey producers pay only the national beef checkoff. There is no applicable state beef checkoff statute in New Jersey. The USDA Chart identifies New Jersey as a state that does not provides a producer refund.
New Mexico: New Mexico producers pay a state-only assessment of one-dollar-per-head, in addition to the national beef checkoff assessment. The applicable state beef checkoff statute, known as the New Mexico Beef Act, is found at N.M.S.A. §§ 77-2A-1 through 77-2A-9. The statute provides for a producer refund at § 77-2A—7.3 but also makes clear that the refund applies only to the state-only checkoff (See also § 77-2A-7.1). Additionally, in describing the state-only checkoff, the New Mexico Beef Council states that a producer can opt out of the state beef checkoff, but that “producers are still responsible for paying the Federal Beef Checkoff assessment which is neither optional nor refundable.” The USDA Chart identifies New Mexico as a state that allows for producer refunds. The Chart also states that New Mexico producers pay only the national beef checkoff assessment.
New York: New York producers pay only the national checkoff assessment. There is no state beef checkoff statute in New York. The USDA Chart identifies New York as a state that does not provide producer refunds.
North Carolina: North Carolina producers pay a state-only checkoff assessment of one-dollar-per-head, in addition to the national checkoff assessment. The applicable state statute, found at N.C.G.S.A. §§ 106-550 through 106-558, provides for a producer refund at § 106-567. The statute indicates that the refund applies solely to the state-only checkoff assessment established following referendum procedures set out in the statute (See also, North Carolina Cattlemen’s Association Press Release, Cattle Industry Assessment, here, (stating “producers will be eligible for a full refund of their North Carolina assessment . . . . This is a provision that is not available in the national program due to federal law.”)). The USDA Chart identifies North Carolina as a state that does not allow for producer refunds. The Chart also states that North Carolina producers pay only the national checkoff assessment.
North Dakota: North Dakota producers pay a state-only assessment of one-dollar-per-head, in addition to the national checkoff assessment. The applicable state statute, found at N.D.C.C., 4.1-03-01 through 4.1-03-18, provides for a producer refund at § 4.1-03-17(1)(b). The refund provision makes clear that the producer refund applies only to the state-only checkoff. Notably, § 4.1.-03-17(1)(a) states that the North Dakota Beef Commission “may” provide refunds of the national beef checkoff but only after the North Dakota Attorney General “certifies to the commission that refunds of assessments” paid under national beef checkoff “are no longer precluded by federal law.” The USDA Chart identifies North Dakota as a state in which refunds are allowed “when ND Attorney General certifies federal law does not preclude.” The Chart also states that North Dakota producers pay only the national beef checkoff.
Ohio: Ohio producers pay a state-only checkoff assessment of one-dollar-per-head, in addition to the national beef checkoff assessment. The applicable state statute is found at Oh. Rev. Code §§ 924.01 through 924.17, which provides for a producer refund at § 924.09(E). Section 924.09(F) states that “Division E of this section does not apply to such assessments collected by the state beef marketing program on behalf of the national cattlemen’s beef promotion and research board pursuant to the “Beef Promotion and Research Act”, as amended, for which the producers that pay the assessments receive credits from the board.” The USDA Chart identifies Ohio as a state that allows for producer refunds.
Oklahoma: Oklahoma producers pay only the national checkoff assessment. The primary state statute, known as the Oklahoma Beef Improvement and Market Development Act, is found at Okla. St. T. 2 §§ 18-30 through 18-42. The Act includes a producer refund provision at § 18-38, but § 18-41 states that the Act “shall become effective only upon the cessation or part thereof of the federal Beef Promotion and Research Act of 1985 . . . upon certification by the Oklahoma Commissioner of Agriculture.” Two other statutes — the Oklahoma Agricultural Commodity Act, found at Okla. St. T. 2 §§ 5.60.10 through 5.60.36, and the Commodity Research Enhancement Act found at 2 Ok. St. T. §§ 5-63.01 through 5-63.18, provide for producer refunds. Those statutes require, among other important items, a referendum to be passed before establishing an assessment to which the refund would apply. Such referendum has not yet passed and, therefore, neither law is in effect. The USDA Chart identifies Oklahoma as a state that allows a producer refund.
Oregon: Oregon producers pay a state-only assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable state statute, found at O.R.S. §§ 577.110 through 577.990 (2017 edition), provides that “A person who believes that an assessment collected from the person under this section is incorrect may apply . . . for a refund not later than 60 days after” the Oregon Department of Agriculture collects the assessment. (§ 577.512(6)). See also Oregon Beef Council Administrative Rules, here. The USDA Chart identifies Oregon as “Yes, for ‘incorrect’ assessments” in regards to whether Oregon law provides producer refunds.
Pennsylvania: Pennsylvania producers pay only the national beef checkoff assessment. There is no applicable state statute. The USDA Chart identifies Pennsylvania as a state that does not provide a producer refund.
Rhode Island: Rhode Island producers pay only the national beef checkoff. There is no state beef checkoff statute. The USDA Chart identifies Rhode Island as a state that does not have a QSBC.
South Carolina: South Carolina producers pay a state-only assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable state statute, known as the Agricultural Commodities Marketing Act, is found at S.C. Code §§ 46-17-10 through 46-17-470. The statute contains a producer refund provision at § 46-17-350, which is applicable solely to the state-only assessment. The USDA Chart identifies South Carolina as “Yes, at discretion of Commission” in regards to whether a producer refund is available. The Chart also states that South Carolina producers pay only the national checkoff assessment.
South Dakota: South Dakota producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart states “Not applicable” with respect to whether South Dakota offers a producer refund.
Tennessee: Tennessee producers pay a state-only checkoff assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable statute, known as the Agriculture Commodities Promotion Act, is found at T.C.A. §§ 43-29-101 through 43-29-122. Section 43-29-111 provides for a producer refund. Based on the language of the Act, the producer refund is applicable only to the state-only checkoff assessment. For more detail, see Tennessee Beef Promotion Program, published on the Tennessee Department of Agriculture website here, and Understanding Beef Checkoff & State Beef Promotion Efforts, available here (stating, in part, “Tennessee state law provides for producers to request a refund of the 50-cents-per head State Beef Promotion assessment. . . .”). The USDA Chart identifies Tennessee as a state that provides for a producer refund.
Texas: Texas producers pay a state-only checkoff assessment of one-dollar-per-head, in addition to the national beef checkoff assessment. The applicable state statute is found at V.T.C.A. §§ 41.151 through 41.164. By cross-reference to V.T.C.A. § 41.083, § 41.160 makes clear that the producer refund applies only the state-only checkoff assessment. (See also, V.T.C.A. § 41.1571). The Texas Department of Agriculture reinforces the statutory language, stating that “Unlike . . . [the national beef checkoff], which requires fifty cents of every dollar collected be sent to the Cattlemen’s Beef Promotion and Research Board for programs, the entire Texas Beef Checkoff assessment would be managed by Texas cattlemen and women. Another difference is the Texas Beef Checkoff assessment is refundable.” The USDA Chart identifies Texas as a state that allows for a producer refund.
Utah: Utah producers pay a state-only checkoff assessment of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable state statute, found at U.C.A. §§ 4-21-101 through 4-21-303, contains a producer refund statute at § 4-21-4. The language of the statute makes clear that the refund provision applies only to the state-only assessment, which is reinforced by the Utah Beef Council as explained here: “Producers not wishing to participate in the state 50 cent program may request a refund of the state portion only.” The USDA Chart identifies Utah as a state that provides a producer refund.
Vermont: Vermont producers pay only the national beef checkoff. There is no state beef checkoff statute. The USDA Chart identifies Vermont as a state that does not offer a producer refund.
Virginia: Virginia producers pay a state-only checkoff of fifty-cents-per-head, in addition to the national checkoff assessment. The applicable statute is found at Va. Code §§ 3.2-1100 through 3.2.-1308, which states that “Any producer from whom an assessment has been collected pursuant to subsection A . . . may . . . make a written demand with documented proof of sale for a refund of the assessment”. (§ 3.2-1306). Subsection A relates exclusively to the state-only assessment fifty cents per head. The USDA Chart states that Virginia producers pay only the national assessment. The Chart also identifies Virginia as a state that does not provide for a producer refund. The state-only checkoff was established in 2019, three years after the proposed Redirection Rule was issued.
Washington: Washington producers pay a state-only checkoff assessment of fifty-cents-per-head, in addition to the national checkoff. The applicable state statute, the Washington State Beef Commission Act, does not provide for a producer refund and is found at R.C.W.A. §§ 16.67.010 through 16.67.920. The USDA Chart identifies Washington as a state that does not provide for a producer refund.
West Virginia: West Virginia producers pay only the national checkoff assessment. West Virginia has an applicable statute found at W.Va. Code §§ 19-2F-1 through 19-2F-10, which provides for a producer refund at § 19-2F-9. The producer refund applies only to the state-only assessment, which is not in effect as it can be established via producer referendum and “no referendum may be held until the . . . federal beef research and information program, have terminated.” (W. Va. Code § 19-2F-3(a)). The USDA Chart identifies West Virginia as a state that did not have a QSBC, at least at that time. West Virginia currently has a QSBC, here, the West Virginia Beef Industry Council.
Wisconsin: Wisconsin producers pay only the national checkoff assessment. There is no applicable state statute. The USDA Chart identifies Wisconsin as state that does not offer a producer refund.
Wyoming: Wyoming producers pay only the national checkoff assessment. The applicable beef checkoff statute, found at W. S. 1977 § 11-37-101 through 11-37-110, does not provide for a producer refund. The USDA Chart identifies Wyoming as a state that does not provide for a producer refund.