Checkoff Programs

Overviewcontentphoto_checkoff

Checkoff programs, also referred to as research and promotion programs, promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The term “checkoff” is derived from programs that were not mandatory; producers marked a checkoff box if they wished to contribute to the program. Mandatory programs do not have such forms, but the name has remained. Producers and handlers usually finance these programs from assessments charged on a per unit basis of the marketed commodity. Checkoff programs attempt to improve the market position of the covered commodity by expanding markets, increasing demand, and developing new uses and markets. Read the full overview

Note: Recently added resources are posted at the top of the applicable sections.



Major Statutes

Commodity Promotion, Research, and Information Act, 7 U.S.C. §§ 7401; 7411-7425

Cotton Research and Promotion Act, 7 U.S.C. §§ 2101-2118

Potato Research and Promotion Act, 7 U.S.C. §§ 2611-2627

Egg Research and Consumer Information Act, 7 U.S.C. §§ 2701-2718

Beef Research and Information Act, 7 U.S.C. §§ 2901-2911

Wheat and Wheat Foods Research and Nutrition Education Act, 7 U.S.C. §§ 3401-3417

Floral Research and Consumer Information Act, 7 U.S.C. §§ 4301-4319

Dairy Research and Promotion Act, 7 U.S.C. §§ 4501-4514; 4531-4538

Honey Research, Promotion, and Consumer Information Act, 7 U.S.C. §§ 4601-4613

Pork Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 4801-4819

Watermelon Research and Promotion Act, 7 U.S.C. §§ 4901-4916

Pecan Promotion and Research Act, 7 U.S.C. §§ 6001-6013

Mushroom Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 6101-6112

Lime Promotion, Research,  and Consumer Information Act, 7 U.S.C. §§ 6201-6212

Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 6301-6311

Processor-Funded Milk Promotion Program Act, 7 U.S.C. §§ 6401-6417

Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act, 7 U.S.C. §§ 6801-6814

Sheep Promotion, Research, and Information Act, 7 U.S.C. §§ 7101-7111

Canola and Rapeseed Research, Promotion, and Consumer Information Act, 7 U.S.C. §§ 7441-7452

National Kiwifruit Research, Promotion, and Consumer Information Act, 7 U.S.C. §§ 7461-7473

Popcorn Promotion, Research, and Consumer Information Act, 7 U.S.C. §§ 7481-7491

Hass Avocado Promotion, Research, and Information Act, 7 U.S.C. §§ 7801-7813

Regulations

Agricultural Marketing Service Marketing Orders and Agreements:

Fruits Vegetables Nuts, 7 C.F.R. pts. 900-999
Milk, 7 C.F.R. pts. 1000-1170
Miscellaneous Commodities, 7 C.F.R. pts. 1200-1291

Federal Register Rules Open for Comment

Electronic Code of Federal Regulations: Agriculture

Case Law

Case Law Index for Checkoff Programs

Center Research Publications

Issue Brief: Petition for Policy Change in FSIS’ “Product of U.S.A.” Label (Lizano, Rumley)

Beef, Beans, & the First Amendment: Disappearing Sovereignty for State Beef Councils and Soybean Boards? (Pittman, 2017)

Soybean Checkoff Dollars & USDA “Redirection”: Compatible with Federal Law? (Pittman, 2017)

Beef Checkoff Dollars & USDA “Redirection”: Compatible with Federal Law? (Pittman, 2017)

Center Webinars

Legal Checkup on checkoffs: Current Events (2019)

Legal Checkup on Checkoffs: Recent & emerging Legal Issues in federal & State checkoff Programs (2017)


Administrative Law Decisions

USDA Office of the Administrative Law Judges

USDA Office and the Administrative Law Judges: Acts and Programs Administered

USDA National Appeals Division

Center published USDA Judicial Officer’s Decisions


Congressional Research Service Reports

Reports– published and made available by CRS beginning in 2017

Subjects– published by CRS and made available by NALC until 2018:

Commodities


Agricultural Law Bibliography

Introduction   |   Keyword Search   |   Browse Categories

Legal Publications on Checkoff Programs:

Livestock and Packers & Stockyards

Marketing Boards, Marketing Orders, Marketing Promotion, Marketing Quotas


Reference Resources

Agricultural Marketing Service (AMS)

Boards, Programs and Offices

Cotton and Tobacco Program
Dairy Programs
Livestock and Poultry and Programs
Specialty Crop Programs
Research and Promotion Program
American Egg Board
American Lamb Board
Cattleman’s Beef Board
Christmas Tree Promotion Board
Cotton Board
Fluid Milk Processors Promotion Board
Haas Avocado Board
Highbush Blueberry Council
Mushroom Council
National Dairy Promotion & Research Board
National Honey Board
National Mango Board
National Peanut Board
National Pork Board
National Processed Raspberry Council
National Watermelon Promotion Board
Paper and Packaging Board
Popcorn Board
Softwood Lumber Board
United Sorghum Checkoff Program
United Soybean Board
United States Potato Board

Dairy Program

Fair Trade Practices Program

Federal Grain Inspection Services

Livestock and Poultry Program

National Organic Program

Science & Technology Program

Transportation & Marketing Program

Information Technology Service

Management & Analysis Program

Office of Civil Rights

Legislative & Regulatory Review

Outreach Office

Public Affairs Office

USDA Farmers Market

               Economic Research Service (ERS)

Federal Marketing Orders and Federal Research and Promotion Programs: Background for 1995 Farm Legislation (Neff & Plato, ERS, 1995)

Provisions of the FAIR Act of 1996: Title V Promotion (Wright, ERS)

Agricultural Research in High-Income Countries Faces New Challenges as Public Funding Stalls (Heisey and Fuglie, ERS, 2018)

Government Matching Funds can Incentivize Producers to Support Agricultural Research


Congressional Resources

Government Accountability Office

Agriculture Promotion Programs: USDA Could Build on Existing Efforts to Further Strengthen Its Oversight

Agricultural Marketing: Comparative Analysis of U.S. and Foreign Promotion and Research Programs


Publications

The Marijuana Policy Gap and the Path Forward (Bagalman, Finklea, Lowry & Sacco, 2017)

Cattlemen Head to RC over Country of Origin Labeling, Animal ID, and Check-off (Flynn, 2017)

Montana Beef Council to Set 2018 Budget (Tri-State Livestock News, 2017)

An Organization’s Response to a Vexing Cattle Market (High Plains/Midwest Ag Journal, 2017)

USDA Proposes Changes in Beef, Soybean Checkoff Programs (AgriMarketin, 2016)

Promoting Agriculture: Farmers, the State, and Checkoff Marketing, 1935-2005 (Milov, 2016)

Checkoff Programs: Observations from the Propane and Heating Oil Programs (Rusco, 2015)

The Quasi Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics (Kosar, 2011)

Federal Farm Promotion (“Check-Off”) Programs (Becker, 2008)

State-Grown Promotion Programs: Fresher, Better? (Patterson, 2006)

Theme: Articles on Commodity Checkoff Programs (Choices Magazine, American Agricultural Economics Association, 2006)

Farm Product “Check-off” Programs: A Constitutional Analysis (Vina, 2006)

Commodity Checkoff Programs and Generic Advertising (Choice Magazine, Ward, 2006)

Supreme Court Rules That Beef Check-Off Is Government Speech; But Check-Off Litigation May Not Be Over (McEowen, 2005)

Update of Checkoff Litigation (FLAG, 2004)

Message Under Revision: USDA Speaks About Beef, Pork, Cheese, and Obesity (Wilde, 2004)

Beef and Pork Checkoffs: Challenges, Impacts, Alternatives (Ward & Hogan, OK State U.)

Federal Farm Promotion (“Check-Off”) Programs (Becker, 2008)

USDA Proposes Changes in Beef, Soybean Checkoff Programs (AgriMarketin, 2016)

State-Grown Promotion Programs: Fresher, Better? (Patterson, 2006)

Theme: Articles on Commodity Checkoff Programs (Choices Magazine, American Agricultural Economics Association, 2006)

Supreme Court Rules That Beef Check-Off Is Government Speech; But Check-Off Litigation May Not Be Over (McEowen, 2005)

Update of Checkoff Litigation (FLAG, 2004)

Message Under Revision: USDA Speaks About Beef, Pork, Cheese, and Obesity (Wilde, 2004)

Beef and Pork Checkoffs: Challenges, Impacts, Alternatives (Ward & Hogan, OK State U.)

The Quasi Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics (RL30533, Kosar)

The Marijuana Policy Gap and the Path Forward (R44782, Bagalman, Finklea, Lowry & Sacco)

Cattlemen Head to RC over Country of Origin Labeling, Animal ID, and Check-off (Flynn, 2017)

Montana Beef Council to Set 2018 Budget (Tri-State Livestock News, 2017)

An Organisation’s Response to a Vexing Cattle Market (High Plains/Midwest Ag Journal, 2017)

Promoting Agriculture: Farmers, the State, and Checkoff Marketing, 1935-2005 (Milov, 2016).


Additional Resources

In: Checkoff Programs  (Ag & Food Law Blog)

United States Lamb Research Center

DMI Dairy Management

Local Dairy Checkoff

Mohair Council of America

U.S. Alfalfa Farmer Research Initiative

U.S. Meat Export Federation

U.S. Soybean Export Council

U.S. Wheat Associates

The Cattleman’s Beef Board

Christmas Tree Promotion Board

The Cotton Board

National Cotton Council of America

National Corn Growers Association

Organic Farmers Association