Michigan Judge Orders Halt To Pork Checkoff

WASHINGTON, D.C.- October 28, 2002- In a blow to future research and promotion for the U.S. pork producers, a U.S. District Court judge today in Michigan ruled the Pork Production, Research and Consumer Education Act is unconstitutional and ordered a halt to checkoff collections starting November 24.

“We strongly support the pork checkoff program as enacted by Congress and disagree with this ruling. We will ask the government to immediately request a stay of the District Court’s ruling,” said Dave Roper, president of the National Pork Producers Council, and a pork producer from Kimberly, Idaho. “It is unfortunate that a group of farm activists has chosen to force us into a battle to defend our right to fund the research and promotion of our products.” Roper added that producers are very concerned about the impact on state pork producer associations as a potential outcome of the ruling.

The challenge to the pork checkoff’s constitutionality was raised by the Campaign for Family Farms, a White Bear, Minn.-based group. In deciding in favor of the challengers, the Court ordered that the Summary Judgment and Motion to Strike requested by Michigan Pork Producers, the National Pork Producers Council, Pete Blauwikel, Bob Bloomer, High Lean Pork Inc., California Pork Producers, Kentucky Pork Producers, Indiana Pork Producers, New York Pork Producers and Ohio Pork Producers was to be denied.

“The ruling is an attempt to take away the ability of pork producers to invest in our futures and to obtain the necessary research that is critical to sustaining the industry and providing consumers with safe, nutritious and high quality food products,” Roper said. “There is a strong case in support of the constitutionality of the pork checkoff program and we are hopeful that a higher court will rule to overturn the District Court’s decision.”

Roper said NPPC believes the U.S. Department of Agriculture and Department of Justice will be immediately initiating a process to appeal the ruling. “We expect the checkoff and its programs to continue,” he said.

The pork checkoff program is administered by the Des Moines, Iowa-based National Pork Board. Pork checkoff funds cannot pay for the process to appeal this ruling. The National Pork Producers Council (NPPC) is one of the nation’s largest livestock commodity organizations. It has producer members in 44 affiliated state associations and provides a unified voice for America’s pork producers on a wide range of industry and public policy issues, without checkoff funded support. NPPC’s website is at www.nppc.org. <http://www.nppc.org>