National Pork Board

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The National Pork Board is a program sponsored by the United States Department of Agriculture Agricultural Marketing Service whose purpose is to provide consumer information, perform industry-related research, and promote pork as a food product. The board's activities are funded by a mandatory commodity checkoff program, which requires hog producers to pay a small percentage-based fee each time an animal is sold.

Contents

History

The Pork Board was established by the Pork Promotion, Research and Consumer Information Act of 1985, also known as the Pork Act, [1] [2] which was included as part of the 1985 Congressional Farm Bill. It became effective January 1, 1986.

The program is administered by the Agricultural Marketing Service of the United States Department of Agriculture. Its 15 members are chosen by the United States Secretary of Agriculture, based on nominations received from the Pork Act Delegate Body. [3] The Secretary approves the annual plans of the Board.

In 1987, the Board introduced its "Pork. The Other White Meat" advertising program as a means of promoting pork as a lean meat to health-conscious consumers. Pork sales in the United States rose 20%, reaching $30 billion annually by 1991. [4]

Data collected by the USDA's Economic Research Service showed that pork consumption following the introduction of the Board's promotion programs had risen from 45.6 pounds (20.7 kg) per capita in 1987 and reaching a peak of 49.3 pounds (22.4 kg) per person in 1999, dropping to 48.5 pounds (22.0 kg) in 2003. By contrast, beef consumption had declined from 69.5 pounds (31.5 kg) per American in 1987 to 62 pounds (28 kg) in 2003. [5]

Finance

The national checkoff began in 1986 with a rate of 0.25% (25 cents per $100) that was increased to 0.35% in 1991, and to 0.45% in 1995. [6] As of 2017, the checkoff rate was 0.40% — 40 cents for every $100 at market rate — of the value of all pork products manufactured in the United States or imported into the country. [3] The current rate has been in place since 2002, when the rate was decreased by .05%. [7] [8]

Despite $4 million spent to support the retention of the checkoff, a referendum held in 2000 among hog farmers voted to eliminate the checkoff, which funded the $50 million marketing campaign promoting pork. Ann Veneman, the Secretary of Agriculture, voided the results, citing problems with petitions filed in advance of the referendum. [9]

Lawsuits have attempted to eliminate commodity checkoff programs as unconstitutional under the doctrines of free speech and free association. The compelled speech arguments have been addressed by the United States Supreme Court in cases involving checkoff programs for growers of tree fruits, mushrooms, and beef, but the programs have been determined to be permitted under certain circumstances. (The free association has not been directly addressed.) [10]

Use of the slogan "The Other White Meat" ended in 2011. The board continued to pay $3 million per year to the National Pork Producers Council.

Controversies

The USDA, which approves the board's purchases and approves each annual payment, was sued in 2012 by the Humane Society of the United States, which tried to stop the payments from continuing. [11] USDA subsequently determined that the value of "The Other White Meat" trademark was worth between $113 million and $132 million. [12]

Critics contend that the Pork Board has exhibited unlawful coordination with policy and advocacy groups. Specifically, they allege the Pork Board has funneled $60 million to the National Pork Producers Council (NPPC) to fund prohibited lobbying by paying for a trademark which the group no longer uses. It has also exhibited questionable financial activity by maintaining a portion of its budget for “Operating Freedom” activities. The NPPC also called the Pork Board its sister organization. The enabling act prohibits use of checkoff funds for lobbying; [2] critics observe that the NPPC is a lobbying organization. [13]

The Board developed a package of environmental audit software. The software was licensed royalty-free to the NPPC, which used it to found a for-profit subsidiary, Validus. Critics complained that this was a subsidy to the NPPC. [14]

Related Research Articles

<span class="mw-page-title-main">United States Department of Agriculture</span> Department of the US government

The United States Department of Agriculture (USDA) is an executive department of the United States federal government that aims to meet the needs of commercial farming and livestock food production, promotes agricultural trade and production, works to assure food safety, protects natural resources, fosters rural communities and works to end hunger in the United States and internationally. It is headed by the secretary of agriculture, who reports directly to the president of the United States and is a member of the president's Cabinet. The current secretary is Tom Vilsack, who has served since February 24, 2021.

The Agricultural Marketing Service (AMS) is an agency of the United States Department of Agriculture; it maintains programs in five commodity areas: cotton and tobacco; dairy; fruit and vegetable; livestock and seed; and poultry. These programs provide testing, standardization, grading and market news services for those commodities, and oversee marketing agreements and orders, administer research and promotion programs, and purchase commodities for federal food programs. The AMS enforces certain federal laws such as the Perishable Agricultural Commodities Act and the Federal Seed Act. The AMS budget is $1.2 billion. It is headquartered in the Jamie L. Whitten Building in Washington, D.C.

In the United States, a commodity checkoff program promotes and provides research and information for a particular agricultural commodity without reference to specific producers or brands. It collects funds through a checkoff mechanism that is sometimes called checkoff dollars, from producers of a particular agricultural commodity and uses these funds to promote and do research on that particular commodity. As stated earlier the organizations must promote their commodity in a generic way without reference to a particular producer. Checkoff programs attempt to improve the market position of the covered commodity by expanding markets, increasing demand, and developing new uses and markets. Checkoff programs amount to $750 million per year.

<span class="mw-page-title-main">Government cheese</span> Commodity cheese controlled by the government of the United States

Government cheese is processed cheese provided to welfare beneficiaries, Food Stamp recipients, and the elderly receiving Social Security in the United States, as well as to food banks and churches. This processed cheese was used in military kitchens during World War II and has been used in schools since the 1950s.

<span class="mw-page-title-main">Food policy</span> Area of public policy

Food policy is the area of public policy concerning how food is produced, processed, distributed, purchased, or provided. Food policies are designed to influence the operation of the food and agriculture system balanced with ensuring human health needs. This often includes decision-making around production and processing techniques, marketing, availability, utilization, and consumption of food, in the interest of meeting or furthering social objectives. Food policy can be promulgated on any level, from local to global, and by a government agency, business, or organization. Food policymakers engage in activities such as regulation of food-related industries, establishing eligibility standards for food assistance programs for the poor, ensuring safety of the food supply, food labeling, and even the qualifications of a product to be considered organic.

Title 7 of the United States Code outlines the role of agriculture in the United States Code.

Country of origin labeling (COOL) is a requirement signed into American law under Title X of the Farm Security and Rural Investment Act of 2002, codified at 7 U.S.C. § 1638a as Notice of country of origin. This law had required retailers to provide country-of-origin labeling for fresh beef, pork, and lamb. The program exempted processed meats. The United States Congress passed an expansion of the COOL requirements on September 29, 2008, to include more food items such as fresh fruits, nuts and vegetables. Regulations were implemented on August 1, 2008, August 31, 2008, and May 24, 2013. The 2016 Consolidated Appropriations Act is the latest amendment to the Agricultural Marketing Act of 1946. This act forms the basis of the current COOL requirements.

"Pork. The Other White Meat." was an advertising slogan developed by advertising agency Bozell, Jacobs, Kenyon & Eckhardt in 1987 for the National Pork Board. The campaign was paid for using a checkoff fee (tax) collected from the initial sale of all pigs and pork products, including imports. Medical researchers and the United States Department of Agriculture classify pork as red meat.

The Dairy Promotion Program or National Dairy Checkoff is a United States commodity checkoff program for dairy product promotion, research, and nutrition education as part of a comprehensive strategy to increase human consumption of milk and dairy products and to reduce dairy surpluses.

The Sheep Promotion, Research, and Information Act of 1994 enabled domestic sheep producers and feeders and importers of sheep and sheep products to develop, finance, and carry out a nationally coordinated program for sheep and sheep product promotion, research, and information. The program is funded as a commodity checkoff program.

The National Fluid Milk Processor Promotion Program was first authorized by the Fluid Milk Promotion Act of 1990. Fluid milk processors through a commodity checkoff program develop and finance generic advertising programs designed to maintain and expand markets and uses for fluid milk products produced in the United States. The mandatory national fluid milk program is financed by a 20¢ per hundredweight assessment on all fluid milk processed and marketed commercially in consumer-type packages. Fluid Milk Board annual revenue is approximately $110 million.

The American Egg Board (AEB) is a United States checkoff marketing organization, which focuses on marketing and promotion of eggs for human consumption. The AEB is best known for its long-running slogan, "The Incredible, Edible Egg", and the Just Mayo scandal.


The United Soybean Board (USB), is the governing body that instantiates the U.S. commodity checkoff program for soybeans. It is made up of 73 volunteer farmer-directors who oversee the investments of the soybean checkoff on behalf of all U.S. soybean farmers. The soybean checkoff is a congressionally-mandated assessment on soybeans, whose proceeds are used to fund soybean research and promotion efforts. The checkoff is managed by the United Soybean Board under the supervision of the United States Department of Agriculture Agricultural Marketing Service. In 2014, the checkoff was $109.1 million.

The Christmas Tree Promotion, Research, and Information Order is a provision of the 2014 U.S. Farm Bill that established a U.S. Department of Agriculture commodity checkoff program for cultivated Christmas trees. The program is funded through a $.15 per tree fee paid by growers. The program creates a marketing program similar to other checkoff programs such as "Got Milk?" or "Beef. It's What's For Dinner". The order was briefly implemented by the U.S. Department of Agriculture's Agricultural Marketing Service in November 2011. After a wave of political criticism the rule that established the program was officially stayed before being passed into law over two years later.

The National Pork Producers Council is a trade association representing U.S. pork producers and other industry stakeholders. It lobbies on behalf of its affiliated state associations from its headquarters in Des Moines, Iowa.

<span class="mw-page-title-main">Mushroom Council</span>

The Mushroom Council is a U.S. organization of fresh mushroom producers created and funded through a commodity checkoff program.

<span class="mw-page-title-main">National Processed Raspberry Council</span> U.S. agricultural organization

The National Processed Raspberry Council is a U.S. organization that promotes and researches processed raspberries. It is part of a commodity checkoff program overseen by the U.S. Department of Agriculture.

The Christmas Tree Promotion Board is a U.S. organization established by federal law through a commodity checkoff program. The board was created when the Christmas Tree Promotion, Research, and Information Order was signed into law as part of the 2014 U.S. Farm Bill.

<span class="mw-page-title-main">Paper and Packaging Board</span>

The Paper and Packaging Board (P+PB), a commodity checkoff program overseen by the United States Department of Agriculture (USDA), is self-funded through quarterly assessments paid by eligible manufacturers and importers of paper and paper-based packaging. P+PB oversees the work of the Paper & Packaging – How Life Unfolds campaign designed to increase demand for paper and paper-based packaging.

Johanns v. Livestock Marketing Association, 544 U.S. 550 (2005), is a First Amendment case of the Supreme Court of the United States. At issue was whether a beef producer could be compelled to contribute to beef industry advertising.

References

  1. Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C.4801-4819)
  2. 1 2 "Pork Promotion, Research, and Consumer Information Act of 1985" (PDF). Pork. Retrieved 11 October 2017. 7 U.S.C. 4801-4819
  3. 1 2 Pork Checkoff, National Pork Board. Accessed April 22, 2009.
  4. Hall, Trish (November 13, 1991). "And This Little Piggy Is Now on the Menu". The New York Times . Retrieved April 22, 2009.
  5. Levere, Jane L. (March 4, 2005). "The Pork Industry's 'Other White Meat' Campaign Is Taken in New Directions". The New York Times . Retrieved April 22, 2009.
  6. Pork Checkoff History: 1954 - 1995. National Pork Board. Accessed April 22, 2009.
  7. "Pork Checkoff History: 1996–2003". pork.org. National Pork Board. Retrieved April 22, 2009.
  8. "About Pork Checkoff and the National Pork Board". pork.org. National Pork Board. Retrieved 12 October 2017.
  9. "Editorial – The Other Political Pork". The New York Times . November 10, 2002. Retrieved April 22, 2009.
  10. Sabet, Michael (2010). "Understanding the Federal Commodity Checkoff Program" (PDF). pennstatelaw.psu.edu. Pennsylvania State University School of Law. pp. 18–30. Retrieved 12 October 2017.
  11. "HSUS suit claims illegal". The Washington Post .
  12. Bowman, Angela. "'Other White Meat' worth $132 million, but..." porknetwork.com. Farm Journal's Pork.
  13. Vinik, Danny. "A $60 million pork kickback?". Politico.
  14. "EPA wants millions back from NPPC partner". AmericanNews.