National Pork Board

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^[update], 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.

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]