National Pork Board
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.
History
The Pork Board was established by the Pork Promotion, Research and Consumer Information Act of 1985, also known as the Pork Act,[http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3099448] Pork Promotion,
Research, and Consumer Information Act of 1985 (7 U.S.C.4801-4819){{cite web|title=Pork Promotion, Research, and Consumer Information Act of 1985|url=http://old.pork.org/filelibrary/aboutus/porkact.pdf|publisher=Pork|accessdate=11 October 2017|quote=7 U.S.C. 4801-4819}} 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.[http://www.pork.org/newsandinformation/quickfacts/porkcheckoff2.aspx Pork Checkoff], National Pork Board. Accessed April 22, 2009. 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.{{cite news|last=Hall|first=Trish|title=And This Little Piggy Is Now on the Menu|url=https://www.nytimes.com/1991/11/13/garden/and-this-little-piggy-is-now-on-the-menu.html|work=The New York Times|date=November 13, 1991|access-date=April 22, 2009}}
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 {{convert|45.6|lb|kg}} per capita in 1987 and reaching a peak of {{convert|49.3|lb|kg}} per person in 1999, dropping to {{convert|48.5|lb|kg}} in 2003. By contrast, beef consumption had declined from {{convert|69.5|lb|kg}} per American in 1987 to {{convert|62|lb|kg}} in 2003.{{cite news|last=Levere|first=Jane L.|title=The Pork Industry's 'Other White Meat' Campaign Is Taken in New Directions|url=https://www.nytimes.com/2005/03/04/business/media/the-pork-industrys-other-white-meat-campaign-is-taken-in-new.html|work=The New York Times|date=March 4, 2005|access-date=April 22, 2009}}
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.[http://www.pork.org/newsandinformation/quickfacts/porkcheckoff3.aspx Pork Checkoff History: 1954 - 1995]. National Pork Board. Accessed April 22, 2009. {{asof|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. The current rate has been in place since 2002, when the rate was decreased by .05%.{{cite web|title=Pork Checkoff History: 1996–2003|website=pork.org|url=http://www.pork.org/newsandinformation/quickfacts/porkcheckoff4.aspx|publisher=National Pork Board|accessdate=April 22, 2009}}{{cite web|title=About Pork Checkoff and the National Pork Board|url=http://www.pork.org/about-us/|website=pork.org|publisher=National Pork Board|accessdate=12 October 2017}}
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.{{cite news|title=Editorial – The Other Political Pork|url=https://www.nytimes.com/2002/11/10/opinion/the-other-political-pork.html|work=The New York Times|date=November 10, 2002|access-date=April 22, 2009}}
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.){{cite news|last1=Sabet|first1=Michael|title=Understanding the Federal Commodity Checkoff Program|url=https://pennstatelaw.psu.edu/_file/aglaw/Federal_Commodity_Checkoff_Program_Michael_Sabet.pdf|website=pennstatelaw.psu.edu|publisher=Pennsylvania State University School of Law|accessdate=12 October 2017|date=2010|pages=18–30}}
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.{{Cite news|title = HSUS suit claims illegal| newspaper=The Washington Post |url = https://www.washingtonpost.com/blogs/all-we-can-eat/post/humane-society-sues-usda-over-pork-board/2012/09/25/c31c9cca-0732-11e2-a10c-fa5a255a9258_blog.html}} USDA subsequently determined that the value of "The Other White Meat" trademark was worth between $113 million and $132 million.{{Cite web|last=Bowman|first=Angela|title = 'Other White Meat' worth $132 million, but...|url = http://www.porknetwork.com/news/%E2%80%98other-white-meat%E2%80%99-worth-132-million|website=porknetwork.com|publisher=Farm Journal's Pork}}
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; critics observe that the NPPC is a lobbying organization.{{cite news|last1=Vinik|first1=Danny|title=A $60 million pork kickback?|url=http://www.politico.com/agenda/story/2015/08/a-60-million-pork-kickback-000210|publisher=Politico}}
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.{{cite news|title=EPA wants millions back from NPPC partner|url=http://articles.aberdeennews.com/2007-06-22/news/26394359_1_epa-grants-environmental-protection-agency-farm-bill|publisher=AmericanNews}}