Shively: USDA should find North Dakota Beef Commission unqualified

The North Dakota Beef Commission has two serious problems in the way it operates. The first is a federal problem. North Dakota statute prevents some payers of the Beef Checkoff from serving on some of the national boards and committees they should be eligible to serve on. The second is a state problem. The statute has facilitated boards that are almost completely controlled by a political group and allows that most of the money at their discretion ends up in the hands of a national political group. I am with the group of producers that would argue that this is likely unconstitutional in North Dakota. Far too often these issues and other abuses become so conflated nobody really understands what is going on. In 2025 those who seek reforms recognize the legislature had no interest in doing right by producers. The following breaks down several realities of the Beef Checkoff.

1. The Beef Promotion Act and Order created the Beef Checkoff
2. The Beef Checkoff was created for three purposes: To promote beef to consumers, to do research to support beef and to educate consumers and producers about beef.
3. The Beef Checkoff promises to be apolitical
4. The Beef Checkoff will be managed by boards that guarantee all payers of the checkoff the opportunities to seek positions on these boards regardless of membership or affiliation with any group or the lack of affiliation or membership in a group.
5. The Beef Checkoff will be collected by Qualified Beef Councils or Commissions with 50 cents of the dollar per head to be sent to the Cattlemen’s Beef Board with the other 50 cents to be spent at the discretion of the Qualified Council or Commission as long as they meet and follow the previous three statements.
6. At any time, the council or commission fails to live up to the conditions established in #2,3and 4 USDA-AMS must find that council or commission unqualified and disallow it from receiving the Beef Checkoff.
7. If there exists a statute or rule that prevents any payer of the Beef Checkoff from the opportunity to be appointed or elected to the Cattlemen’s Beef Board, their state’s Qualified Beef Council or Commission or the Federation of State Beef Councils then that statute or rule must be struck or amended in a manner that does not interfere with the producers election or appointment or USDA –AMS must find that council or commission disqualified.
8. The North Dakota statute that prevents North Dakota producers who pay the Beef Checkoff but request a refund of the state checkoff from serving on the North Dakota Beef Commission and therefore ineligible by NDBC rule from serving on the Federation of Beef Council should cause USDA-AMS to find the North Dakota Beef Commission as an UNQUALIFIED/DISQUALIFIED beef commission.