Bipartisan and Bicameral Overhaul of Commodity Checkoffs Introduced

WASHINGTON, DC – A bipartisan, bicameral group in Congress reintroduced the Opportunities for Fairness in Farming or OFF Act.

The OFF Act would reform all commodity checkoff programs if passed and signed into law.

According to a press release from one co-sponsor of the legislation, Sen. Cory Booker (NJ-D), “checkoff funds are frequently coopted against the interests of some or even a majority of contributors. Countless farmers, ranchers, and other producers have seen their checkoff dollars squandered or used against their interests.”

If passed and signed into law, the OFF Act would reform all commodity checkoff programs by prohibiting the following: checkoff programs from contracting with any organization that lobbies on agricultural policy; employees and agents of the checkoff boards from engaging in activities that may involve a conflict of interest; establish uniform standards prohibiting anticompetitive activity, unfair or deceptive acts, or any act or practice that may be disparaging to another agricultural commodity or product; and require transparency through publication of checkoff program budgets and expenditures.

The bill finds that “although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others.”

R-CALF USA CEO Bill Bullard was quick to say, “the decades-old beef checkoff program is ill-suited to meet the needs of today’s cattle farmers and ranchers; in fact, the program promotes corporate control and globalization over the interests of America’s cattle producers.”

On the other hand, NCBA president and South Dakota cattleman Todd Wilkinson countered that “in 2021 cattle producers overwhelmingly denied a referendum to end the Checkoff with detractors coming nowhere near the required signatures to petition for the termination of this vital program. The Checkoff’s legality and current implementation has already been upheld by multiple federal courts, and last year, the Supreme Court denied a petition challenging the Checkoff.

Beef checkoff research has shown an almost 12 to 1 return for every dollar paid into the program, including significant increases in domestic beef demand.

The legislation is co-sponsored by Sens. Mike Lee (UT-R), Rand Paul (KY-R), Elizabeth Warren (MA-D), Kirsten Gillibrand (NY-D), and Reps. Dina Titus (NV-D) and Nancy Mace (SC-R).
(SOURCE: All Ag News)