Agri News
Thursday, October 30, 2003

Checkoff supporters saddened by decision

By Janet Kubat Willette
Agri News staff writer

Sam Carney is saddened by the Sixth Circuit Court of Appeals ruling on the checkoff.

"I've always been a promoter of the checkoff,'' said Carney, an Adair, Iowa, pork producer and president-elect of the Iowa Pork Producers.

"I've seen great things done as far as education, research and promotion. 'Pork. The Other White Meat' was a blow out. It was great. With exports, 17 years ago we were importing 8 percent of our pork. Today, we are exporting 9 percent of our pork. That's a 17 percent turn around. That's one percent per year.''

Wayne Demmer, on the other hand, was elated by the decision of the three-judge panel.

"This is a huge victory for independent family farmers," said the Epworth, Iowa, pork producer and Iowa Citizens for Community Improvement member.

Where the checkoff goes from here is uncertain.

Checkoff collections will continue for the 45 days, a Department of Justice spokesman said.
If the government decides not to pursue a rehearing and instead ask the Supreme Court to review the case, the government will need to ask for an extension of collections.

"There is absolutely no reason to keep collecting the checkoff fees -- USDA and NPPC should not ask for a stay, should not keep delaying and should quit collecting our money and let justice prevail. It's over," said Minnesota pork producer Jim Joens, a Land Stewardship Project member.

The Department of Justice, which represents the U.S. Agriculture Department, has 45 days to ask for all 13 judges in the Sixth Circuit Court of Appeals to rehear the case. They may also ask the Supreme Court to hear it.

Carney expects the case to go to the U.S. Supreme Court.

"That's where it needs to go so it's decided once and for all,'' he said.

The USDA and Department of Justice are meeting to discuss their next steps.

"With two court rulings against it, I hope that USDA Secretary Ann Veneman will give up instead of undertaking another risky appeal," said Rep. Aaron Peterson, DFL-Madison. "This is a case of powerful and well-financed minority trying to overturn majority rule."

Susan Stokes, legal director for Farmers' Legal Action Group, wonders why USDA continues to spend taxpayer money to fight the suit.

"Who is USDA answering to?" she asks.

FLAG represents the Campaign for Family Farms in the suit. The CFF is a coalition of farm and rural groups including the Iowa Citizens for Community Improvement and Land Stewardship Project.

Agri News senior staff writer Jean
Caspers-Simmet contributed to this article.

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