Source: Tom Johnston, MEATINGPLACE, 5/3/16

A coalition of agricultural groups including the National Cattlemen’s Beef Association and the National Pork Producers Council has succeeded in having included in the pending fiscal year 2017 House Agricultural Appropriations Bill language asking USDA to exempt their related checkoff programs from federal public records law.

Language in page 34 of the bill passed by the full House Appropriations Committee on April 19, is as follows: “The funding used to operate and carry out the activities of the various Research and Promotion programs is provided by producers and industry stakeholders, and employees of the boards are not federal employees. Therefore, the Committee urges USDA to recognize that such boards are not subject to the provisions of 5 U.S.C. Section 552.”

The 5 U.S.C. Section 552 pertains to the Freedom of Information Act (FOIA). USDA fulfills FOIA requests on behalf of research and promotion boards, which are funded by grower fees from the likes of the Beef Checkoff and Pork Checkoff, and bills them for the services. Federal law prohibits grower fees collected by the checkoffs to be used to lobby.

NCBA, NPPC and a dozen other agricultural groups sent a letter April 11 to the House Subcommittee on Agriculture, Rural Development Food and Drug Administration and Related Agencies requesting the change in FOIA policy.

"We support inclusion of language in the Committee report urging the U.S. Department of Agriculture (USDA) to recognize that the research and promotion programs are funded solely with producer dollars, and therefore are not agencies of the Federal government or subject to the Freedom of Information Act (FOIA)," the groups wrote. ... "By including the report language, please help ensure that producer resources are focused on research and promotion activities."

In addition to NCBA and NPPC, other organizations that signed the letter were the American Beekeeping Federation, AmericanHort, American Mushroom Institute, American Soybean Association, Michigan Christmas Tree Association, National Christmas Tree Association, National Cotton Council, National Milk Producers Federation, National Potato Council, National Watermelon Association, United Dairymen of Arizona, and United Egg Producers.

The move comes as USDA fights a Humane Society of the United States (HSUS) lawsuit aiming to scrap a deal whereby the National Pork Producers Council sold to the National Pork Board four trademarks related to the famous “Pork. The Other White Meat” slogan. HSUS contends that payments by the National Pork Board, administrator of the Pork Checkoff, to NPPC would be used illegally to lobby.

The Agricultural Appropriations Bill awaits action by the full House. Once passed, it remains law for one year before a new bill replaces it.

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