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COURT ISSUES STAY IN BEEF CHECKOFF ASSESSMENTS SUIT
The U.S. Court of Appeals for the 8th Circuit granted a request for stay which allows the beef promotion program to continue without interruption while the appeal is pending. A June 21 decision by a District Court in South Dakota ruled that the Beef
Promotion and Research Act is unconstitutional and directed that the
collection of assessments cease on July 15. However, the stay postpones
implementation of the South Dakota decision and the beef promotion and
research program will continue to operate and conduct operations as normal
during the pendency of the appeal. This stay was requested by the Department
of Justice on behalf of USDA. In accordance with this court order, the beef promotion and research program
will remain in effect and beef producers and importers must continue to pay
beef checkoff assessments. Producers and importers who fail to pay the
assessment may be subject to late payment charges and civil penalties of not
more than $5,500 per violation.
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