Agricultural Commodity Checkoff Programs

Every time a farmer sells a bushel of canola, a bin of popcorn, or a flat of kiwifruit, a small portion of that sale — often less than a penny per pound — flows into a federal commodity promotion fund. These agricultural checkoff programs are the mechanism behind iconic campaigns like "Pork: The Other White Meat" and "Got Milk?" — mandatory assessments collected at the point of sale and used to fund generic product promotion, market research, and consumer information activities that benefit an entire commodity sector rather than any single company.

7 U.S.C. §§ 7401–7425 establishes the general framework for commodity promotion and evaluation, and subsequent chapters codify individual commodity programs for products from canola and kiwifruit to popcorn. The programs are administered by USDA's Agricultural Marketing Service and governed by boards of producers who direct how the assessment funds are spent.

Current Law (2026)

Legal Authority

• 7 U.S.C. § 7401 — Commodity Promotion, Research, and Information Act of 1996 (short title and purpose; Congress found that producer-funded promotion helps maintain and expand domestic and foreign markets)
• 7 U.S.C. § 7402 — Commodity promotion orders (Secretary may issue orders establishing checkoff programs upon petition and producer referendum)
• 7 U.S.C. § 7403 — Referenda (Secretary must conduct referenda to approve new orders and may conduct periodic reviews; producers may petition for termination)
• 7 U.S.C. § 7404 — Petition and review (producers may challenge orders in court; burden on petitioner to show order is not in accordance with law)
• 7 U.S.C. § 7411 — National Canola and Rapeseed Research, Promotion, and Consumer Information Act (findings; canola is a significant oilseed crop requiring promotion to expand markets)
• 7 U.S.C. § 7441 — Canola and Rapeseed Research, Promotion, and Consumer Information Act (establishes program; Secretary may issue an order establishing a Canola and Rapeseed Board)
• 7 U.S.C. § 7461 — Kiwifruit Research, Promotion, and Consumer Information Act (establishes program; Secretary may issue an order establishing a Kiwifruit Board)
• 7 U.S.C. § 7481 — Popcorn Promotion, Research, and Consumer Information Act (establishes program; Secretary may issue an order establishing a Popcorn Board)

How It Works

What a Checkoff Program Is

A commodity checkoff program is a federally authorized, industry-funded promotion mechanism. Producers of a covered commodity are required — not merely invited — to pay an assessment when they sell their crop. That mandatory payment distinguishes checkoff programs from voluntary industry groups: every producer, including those who disagree with the program's promotional direction, must contribute.

The assessed funds flow to a commodity board — a body of producers elected or appointed to govern the program — which then directs spending on:

• Generic advertising — campaigns promoting the commodity category, not any brand (canola oil in general, not Brand X canola oil)
• Market research — consumer attitude studies, market opportunity analysis, international demand research
• Consumer information — nutritional education, recipes, cooking demonstrations, media outreach
• Agricultural research — production efficiency, new varieties, quality standards

USDA's Agricultural Marketing Service oversees each program, approves budgets and promotional plans, and ensures compliance. The boards themselves are composed of producers — the people paying the assessments direct how the money is spent, within the statutory framework.

The General Framework (§§ 7401–7425)

The Commodity Promotion, Research, and Information Act of 1996 established a unified framework for creating, managing, and terminating federal commodity promotion programs. Before 1996, each commodity program was established by its own statute with its own rules, creating administrative inconsistencies.

The 1996 framework standardized:

• How new programs are petitioned and established
• When referenda are required (programs must win producer approval)
• How producers can vote to terminate programs they don't support
• How assessments are collected from domestic producers and importers
• What activities are permissible (promotion, research, consumer information) and what are prohibited (lobbying, political activity)

The prohibition on lobbying is important: checkoff funds cannot be used to influence legislation or government policy. This has been a source of significant litigation, with producers challenging programs they argue have been used to lobby against their interests — a concern that has reached the Supreme Court in disputes about compelled speech.

Canola and Rapeseed (§§ 7441–7452)

Canola — developed from rapeseed through plant breeding to produce a low-erucic-acid, low-glucosinolate oil — is one of the world's major vegetable oils and a significant U.S. crop, especially in the Northern Plains. The Canola and Rapeseed Board runs generic promotion ("canola oil is heart-healthy"), research into production practices and oil quality, and consumer education about cooking uses.

Assessments are collected from first handlers (elevators, processors) who buy canola from farmers, typically at a rate of a fraction of a cent per pound. The Board's annual budget funds activities in cooperation with the Canadian canola industry, since Canada grows most of the canola in North America and joint promotion maximizes market expansion. Checkoff-funded campaigns often work alongside USDA's agricultural export programs, which provide matching Market Access Program funds for overseas commodity promotion.

Kiwifruit (§§ 7461–7473)

California grows most of the kiwifruit produced in the United States, and the kiwifruit checkoff program focuses on expanding consumer familiarity and demand for fresh kiwifruit through retail promotion, foodservice outreach, and nutritional marketing. The Kiwifruit Board collects assessments from domestic producers and importers (Chile and New Zealand are major import sources), leveling the competitive playing field by requiring all sellers to contribute to generic promotion.

Popcorn (§§ 7481–7491)

The Popcorn Board — yes, it exists — collects a mandatory assessment per hundred pounds of popcorn sold to promote popcorn consumption, fund research on production and quality, and provide consumer information. The program covers the unpopped kernel market: movie theater popcorn, microwave popcorn, and snack popcorn. The Board has promoted popcorn as a whole-grain, low-calorie snack food and funded research on flavor, texture, and puffing characteristics.

Checkoff Programs and Free Speech

Mandatory checkoff programs have faced First Amendment challenges from producers who object to funding messages they disagree with. Beef producers sued over the "Beef: It's What's for Dinner" campaign; mushroom growers challenged their checkoff assessment. The Supreme Court held in Johanns v. Livestock Marketing Association (2005) that government-controlled generic advertising does not violate producers' free speech rights because it is government speech, not compelled private speech. Programs that operate with greater industry board independence have faced harder scrutiny in subsequent cases.

Implementing Regulations

USDA AMS administers each commodity checkoff program through a separate CFR Part. The general framework statute (7 U.S.C. §§ 7401–7425) sets the structural requirements — board composition, assessment collection, referendum procedures, and permissible and prohibited uses — and each commodity-specific Part fills in the details for that product. Example:

7 CFR Part 1221 — Sorghum Promotion, Research, and Information Order (95 sections across 2 subparts — the implementing order for the Sorghum Checkoff under the Commodity Promotion, Research, and Information Act of 1996):

• Subpart A — The Order (§§ 1221.1–1221.99, 68 sections): the Sorghum Promotion, Research, and Information Board has 13 members appointed by the Secretary from nominations — the largest sorghum-producing state receives 5 producer seats, the second-largest 3 seats, and at-large national positions cover remaining representation (§ 1221.100); nominees must file a written agreement to serve and disclose ties to other sorghum promotion groups (§ 1221.102); assessment rates are set by the Board with Secretary approval; permissible uses include generic promotion, market research, consumer information, and international marketing — lobbying and political activity are prohibited (§ 1221.56); the Board is required to maintain financial statements, submit annual budgets, and undergo independent audits; sorghum importers pay the same assessment rate as domestic producers, collected at the point of importation (import parity rule)
• Subpart B — Referendum Procedures (§§ 1221.100–1221.126, 27 sections): the order can be terminated if producers representing more than 50% of production volume vote to end it in a referendum; the Secretary must conduct a referendum if petitioned by at least 10% of producers; voting is by mail ballot; the referendum agent certifies the result to the Secretary

The same structure — board, assessment, permissible uses, referendum — appears in every Part 1000–1400 commodity checkoff order. Other active checkoffs in this CFR range include the Pork Promotion, Research, and Consumer Information (7 CFR Part 1230), Beef Promotion and Research (7 CFR Part 1260), Dairy Promotion Program (7 CFR Part 1150), Egg Research and Promotion (7 CFR Part 1250), Cotton Research and Promotion (7 CFR Part 1205), and Soybean Promotion and Research (7 CFR Part 1220), each with their own board structure and assessment rates specific to that commodity's supply chain.

How It Affects You

If you grow canola, kiwifruit, or popcorn, you contribute a mandatory checkoff assessment at the point of sale — collected by the first handler (elevator, processor) and remitted to the commodity board. You can't opt out, regardless of whether you support the board's marketing strategy, agree with the promotional messages, or believe generic advertising benefits your operation specifically. Canola and rapeseed assessments are typically collected as a fraction of a cent per pound by the first handler; kiwifruit assessments flow through USDA's Agricultural Marketing Service (AMS) at rates set by the Kiwifruit Board; the Popcorn Board collects at a rate per hundredweight. In exchange, your board funds generic promotion campaigns, market research, and consumer education that no individual producer could afford alone — and that, at least in theory, expand category demand and support prices. The evidence on whether generic commodity promotion actually raises farm-level prices is contested among agricultural economists; the boards themselves cite demand expansion studies; independent researchers find more mixed results. What's clear: assessment revenue is pooled and spent by a board of producers, not individual companies, on category-level messaging — "canola is heart-healthy," not "Brand X canola."

If you disagree with how your checkoff board spends the assessments you're required to pay, you have formal channels but limited power. USDA's Agricultural Marketing Service oversees each board, reviews annual budgets and promotional plans, and receives producer complaints. You can file a complaint with AMS if you believe assessment funds are being misused or that the board is engaging in prohibited activities (lobbying, political activity). More significantly, if a sufficient number of producers share your concerns, a termination referendum is possible under the general framework — the Secretary must conduct a referendum if petitioned by at least 10% of producers assessed under the program. However, in practice established commodity boards almost never face successful termination votes — the board controls the promotional budget and framing of referendum arguments, creating structural advantages for continuation. Legal challenges to mandatory checkoffs as compelled speech have had limited success since Johanns v. Livestock Marketing Association (2005), which held that government-controlled generic advertising is government speech, not compelled private speech — but the constitutional question isn't fully settled for programs where industry boards retain significant independent control.

If you're a food manufacturer, retailer, or food service buyer who sources covered commodities, checkoff programs affect the supply and promotional landscape of the products you buy. The generic promotion funded by checkoffs builds category demand that can benefit your sales of canola-based products, popcorn snacks, or kiwifruit produce — without requiring you to contribute to the promotional budget (you benefit as a free rider). Checkoff boards also fund research on food safety, processing methods, and product quality that downstream users access without payment. The canola checkoff, for instance, has funded research on high-oleic canola oil — relevant to snack food manufacturers seeking extended shelf life with reduced trans fats. The USDA Agricultural Marketing Service (ams.usda.gov/rules-regulations/research-promotion) publishes each checkoff program's annual report, budget, and promotional plans — publicly available if you want to understand the science and marketing claims your supply chain is using.

If you import covered commodities — canola oil from Canada, kiwifruit from New Zealand or Chile, popcorn kernels — you pay the same checkoff assessments as domestic producers, collected at the point of importation. This is intentional: the programs are designed to prevent foreign producers from free-riding on domestic promotional spending. Import assessments are collected by the importer of record and remitted to the commodity board. The practical effect: if you're a U.S. food company sourcing canola oil primarily from Canadian crushers, your cost structure includes a per-unit contribution to the Canola and Rapeseed Board's generic marketing budget — building consumer demand for a product category that benefits your Canadian supplier as much as your domestic one. The canola program explicitly coordinates with the Canadian canola industry precisely because North America's canola market is integrated; joint U.S.-Canada generic promotion on "canola oil health benefits" is more efficient than each country running separate campaigns.

State Variations

Federal commodity checkoff programs operate under federal law and are administered by USDA. States may have parallel promotion programs for commodities important to their agricultural economy — California has state checkoff programs for numerous specialty crops — but these operate separately from the federal programs and may or may not be coordinated with federal boards.

Implementing Regulations

7 CFR Part 1219 — Hass Avocado Promotion, Research, and Information Order, implementing the Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. §§ 7801–7813):

• Subpart A (§§ 1219.1–1219.62) — The Order: establishes the Hass Avocado Board as the governing body; membership drawn from domestic producers and importers; fiscal year runs November 1 through October 31 (§ 1219.10); assessments are collected from domestic first handlers (§ 1219.52) and importers (§ 1219.53) at rates set by the Board and approved by USDA; the Board directs spending on promotion, research, and consumer information (§ 1219.30)
• Subpart B (§§ 1219.100–1219.109) — Referendum Procedures: governs how eligible producers and importers vote to establish, modify, suspend, or terminate the order; only those who produced or imported Hass avocados during a qualifying representative period may vote; each eligible party casts one ballot regardless of volume (§ 1219.103)
• Subpart C (§§ 1219.200–1219.203) — Rules and Regulations: importer assessment obligations and records; importers of fresh Hass avocados (HTS 0804.40.00.10) are assessed at the same rate as domestic handlers, ensuring that imported avocados — primarily from Mexico, Chile, and Peru — contribute to promotion budgets on equal footing with California-grown product

The Hass Avocado Board's program is distinct from most checkoffs because the domestic production base (California, primarily) is dwarfed by imports: the U.S. now imports more than 90% of its avocados, almost entirely from Mexico. This importer-assessment structure means the Board's funding base tracks import volumes — and that Mexican avocado growers (through their importers) contribute substantially to a U.S. federal promotion program. The Board has funded the expansion of avocado consumption through restaurant and retail promotion, guacamole-linked advertising during major sporting events, and nutritional research linking avocado fat profile to cardiovascular health outcomes.

7 CFR Part 1280 — Lamb Promotion, Research, and Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: 13 members — 6 producers, 3 feeders, 2 first handlers, 1 seedstock producer, 1 exporter; appointed by the Secretary from nominations submitted by certified eligible organizations; 3-year terms with a 2-term maximum (§§ 1280.201–1280.207)
• Assessment rates (§§ 1280.217–1280.219): $0.007 per pound of live weight on live lambs purchased or sold for slaughter, collected by first handlers and exporters at the point of purchase; additionally, first handlers pay $0.42 per lamb for each lamb purchased for slaughter or slaughtered under a custom arrangement; assessments are remitted to the Board by the 15th of the month following the purchase or slaughter
• Governance: Board must prepare and submit an annual budget to the Secretary before the fiscal year; programs may not be used for lobbying or influencing legislation; 5-year independent evaluation required (§ 1280.224); patents and copyrights developed with Board funds belong to the U.S. Government; records must be retained for 2 years and are available for USDA audit
• Referendum: Secretary must conduct a referendum on continuation if petitioned by a qualifying number of industry participants; first handlers, producers, feeders, seedstock producers, and exporters are all eligible voters

7 CFR Part 1212 — Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: 10 members — 3 first-handler representatives, 3 importer representatives, 3 producer representatives (each must average at least 50,000 lbs/year using the best 3 of their last 5 years), and 1 marketing cooperative representative; members serve 3-year terms with a 2-term maximum; nominations come from qualified national organizations certified by the Secretary; quorum requires at least one importer and one first handler present (§ 1212.44)
• Assessment: $0.015 per pound (since January 1, 2016) on all honey and honey products handled or imported; "honey product" means any food where honey comprises at least 50% by weight (§ 1212.10); first handlers collect on domestic honey; importers pay through U.S. Customs & Border Protection (§ 1212.52); exemption for handlers and importers handling/importing fewer than 250,000 lbs/year (must apply annually and certify they will remain under threshold) (§ 1212.53)
• Revenue allocation: at least 5% of assessment revenue must be reserved for production research and bee health research (§ 1212.50); Board submits budget to USDA at least 60 days before fiscal year start; operating reserve may not exceed one fiscal period's budget; late payment triggers a 10% one-time penalty plus 2/3% per month interest after 30 days (§ 1212.520)
• Governance: programs and promotional plans require USDA/Secretary approval; Board must fund an independent evaluation at least every 5 years assessing program effectiveness (§ 1212.61); patents, copyrights, and inventions funded by the program belong to the U.S. Government (§ 1212.62); referendum (majority of eligible voters by count and by volume) can terminate the program

7 CFR Part 1210 — Watermelon Research and Promotion Plan, implementing the Watermelon Research and Promotion Act of 1985 (Pub. L. 99-198):

• Board structure: National Watermelon Promotion Board with 10 producers, 10 handlers, at least 1 importer, and 1 public member; organized into 5 geographic districts — District 1: Florida; District 2: Georgia; District 3: Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas; District 4: remaining states; nominations made at district conventions (§§ 1210.320, 1210.501); only producers growing 10 acres or more are covered (§ 1210.306)
• Assessment: $0.045 per hundredweight (4.5¢/cwt) for domestic watermelons; $0.09/cwt for imports — importers pay double the domestic rate (§ 1210.515); triggered at first handling for domestic melons and at U.S. entry for imports; organic exemption: handlers and importers with a valid USDA NOP certificate may be exempt for certified organic watermelons (§ 1210.516); importer refund: importers bringing in fewer than 150,000 lbs/year may apply for a refund equal to the domestic producer rate (§§ 1210.342, 1210.520)
• Termination: Secretary may hold a mail referendum at any time; must hold one if petitioned by at least 10% of the combined total of producers, handlers, and importers; assessment funds may not be used for lobbying or attempts to influence government policy (§ 1210.362)

7 CFR Part 1217 — Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Coverage: domestic manufacturers and importers of softwood lumber — conifer-species boards and products listed in Section 804(a) of the Tariff Act of 1930 and designated HTSUS categories (§ 1217.26); U.S. exports that leave and return as imports are included; products brought in temporarily under HTSUS Chapter 98 Subchapter XIII are exempt
• Board structure: the Softwood Lumber Board administers the program; members must be manufacturers or importers of at least 15 million board feet per fiscal year; seats apportioned by domestic production volume and import share; 3-year terms, maximum 2 consecutive full terms (§§ 1217.40–1217.42); quorum requires a majority present including at least 5 domestic manufacturer members and 2 importer members (§ 1217.45); Board must maintain an executive committee of five (chair + four)
• Assessment: domestic manufacturers pay $0.41 per thousand board feet shipped in the United States, with no assessment on the first 15 million board feet in a fiscal year (§ 1217.52); importers pay through U.S. Customs & Border Protection at the same effective rate; exemption: manufacturers or importers below 15 million board feet may apply annually before the fiscal year starts and certify they will stay under threshold (§ 1217.53)
• Governance: Board submits budget to USDA at least 60 days before each fiscal period (§ 1217.50); quarterly financial statements required; programs must be truthful and may not disparage other commodities (§ 1217.48); funds may not be used to influence government policy or legislation; no-lobbying prohibition follows standard checkoff framework; most recent Federal Register amendment: 89 FR 58251 (2024)

The Softwood Lumber Board is unusual among commodity checkoffs in that its funding base spans both domestic production and imports from Canada — the dominant source of U.S. softwood lumber imports under trade agreements and the target of recurring anti-dumping and countervailing duty disputes. Because importers above the 15-million-board-foot threshold pay the same rate as domestic manufacturers, the Board's budget reflects the full U.S. softwood consumption base, giving it resources to run consumer promotion and residential construction research programs at national scale.

7 CFR Part 1216 — Peanut Promotion, Research, and Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: the National Peanut Board has up to 12 members — 11 from the primary peanut-producing states (one seat per state from Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Texas, New Mexico, Oklahoma, and Tennessee) plus a representative from all remaining minor peanut-producing states combined (§§ 1216.40–1216.42); certified peanut producer organizations in each state nominate candidates; 3-year terms with a maximum of 2 consecutive terms; alternates required for each member; voting is weighted by each state's 3-year running average poundage, so Georgia and Texas — the largest peanut-producing states — carry more voting weight than minor states (§ 1216.46); quorum requires a majority
• Assessment rates (§ 1216.51): first handlers collect assessments from producers and remit to the Board within 60 days after the month the peanuts were marketed; rates: $3.55 per ton for Segregation 1 peanuts (the premium food-grade hand-sorted category) and $1.25 per ton for Segregation 2 and 3 peanuts (runner and lower-quality stock); if peanuts are under a CCC marketing loan, the Commodity Credit Corporation deducts the assessment from loan proceeds and remits directly; any increase in the assessment rate requires a producer referendum; late payments accrue interest at a rate set by the Secretary and may trigger federal debt collection
• Organic exemption (§ 1216.56): producers with USDA NOP certification may be exempt from assessments on peanuts certified "organic" or "100 percent organic"; exemption applies to the certified organic portion only; producers must apply on Board forms
• Governance: budget submitted 60 days before fiscal year (November 1–October 31); operating reserve capped at one fiscal year's expected expenses (§ 1216.54); no-lobbying prohibition; investments limited to U.S. government securities, state/local bonds, and interest-bearing accounts (§ 1216.55); Board must fund an independent evaluation at least every 5 years (§ 1216.53); 5-year mandatory referendum with additional producer-petition referenda available (§ 1216.82)

7 CFR Part 1214 — Christmas Tree Promotion, Research, and Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: the Christmas Tree Promotion Board (renamed from "Real Christmas Tree Board" by recent USDA rulemaking) has up to 12 members organized by three geographic regions — Western (5 members from western states and U.S. Pacific territories), Central (2 members from Midwest states), and Eastern (5 members from eastern states including major production states); members serve 3-year staggered terms, renewable for one additional term; vacancies occur if a member no longer represents the group they were appointed from (§§ 1214.40–1214.43); quorum requires a majority of the Board, with 14-day advance notice required for meetings (§ 1214.44); Board members are uncompensated, receiving reimbursement only for reasonable travel expenses the Board approves (§ 1214.45)
• Assessment: every Christmas tree — any needle-bearing conifer tree cut for the holiday market (§ 1214.3) — is assessed upon first sale; producers who grow trees in the United States pay the assessment; importers pay through U.S. Customs & Border Protection; crop year runs August 1 through July 31 (§ 1214.5, § 1214.8); exemption: producers and importers handling fewer than 500 trees per fiscal period may apply to the Board for exemption (§ 1214.53); late payment penalty: unpaid assessments after 30 days incur a $250 one-time late fee plus ongoing interest (§ 1214.520)
• Refund escrow: the Board must maintain an interest-bearing escrow account at a Federal Reserve member bank equal to 10% of all assessments collected during the Order's first three years — a reserve held to satisfy any valid refund demands after an initial referendum (§ 1214.54); after the program passes a continuation referendum, the escrow obligation may be released to the Board's general budget
• Governance: Board submits budget to USDA within 60 days after assessments are due (§ 1214.50); quarterly financial statements required; 5-year mandatory independent evaluation of program effectiveness (§ 1214.61); patents, copyrights, and trademarks developed with Board funds belong to the U.S. Government (§ 1214.62); all programs, plans, and projects require Secretary approval (§ 1214.80); funds are expressly prohibited from lobbying or influencing legislation (§ 1214.47)
• Recent rulemakings: 81 FR 38897 (2016) — significant amendments; 76 FR 69103 (2011) — initial Order establishment; the program was briefly suspended after its initial promulgation due to political controversy and reinstated through a continuation referendum

7 CFR Part 1223 — Pecan Promotion, Research, and Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: the American Pecan Promotion Board has 17 members — 10 producers organized by three geographic regions plus handler and importer representatives; Eastern Region (Alabama, Florida, Georgia, North Carolina, South Carolina) contributes 3 producer members; Central Region and Western Region contribute 3 and 4 producer members respectively; the American Pecan Council (APC) manages the nomination process for the first Board, submitting 2 nominees per seat to the Secretary (§§ 1223.40–1223.41); 3-year terms with a 2-term maximum; alternates required for each position (§ 1223.43)
• Assessment: for U.S.-grown pecans, the first handler who receives the pecans pays the assessment at the point of first purchase; importers pay through U.S. Customs & Border Protection; inshell and shelled pecans are tracked using a conversion factor of 2 lbs inshell = 1 lb shelled (§ 1223.22); exemption: producers and importers averaging fewer than 50,000 lbs of inshell pecans (25,000 lbs shelled) over the current and prior three fiscal periods may apply for exemption (§ 1223.53); late payment penalty: unpaid assessments after 30 days incur a 5% one-time fee plus 1% per month interest on the outstanding balance (§ 1223.520)
• Governance: Board must not use funds to lobby or influence legislation at any level (§ 1223.47); prohibited activities follow the standard checkoff framework; budget submitted before each fiscal period; no recent Federal Register amendments listed in the database

The pecan checkoff sits at an interesting intersection: the U.S. pecan industry spans traditional Southern production states (Georgia, Texas) plus newer western production (New Mexico, Arizona), and competes with Chinese pecan imports (China is now a major pecan producer and consumer). The importer-assessment structure ensures that imported pecans contribute to the domestic promotion budget — paralleling the avocado and honey checkoff structures.

7 CFR Part 1206 — Mango Promotion, Research, and Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: the National Mango Board has 18 members — 8 importers (organized by four customs-district importer regions), 1 first handler (domestic), 2 domestic producers, and 7 foreign producers (nominated by their respective countries' industry organizations); members and alternates must individually handle or import at least 500,000 pounds of mangos per year to be eligible; the Board chairperson and the Board's office must be located in the United States (§ 1206.30); 3-year terms with a 2-term maximum; terms run January 1 through December 31 (§ 1206.32); all Board and committee meetings require at least 30 days' advance notice unless an emergency (§ 1206.34)
• Assessment: $0.0075 per pound ($0.0165/kg) on mangos handled or imported; first handlers pay on domestic mangos; importers pay at U.S. Customs; the Board may adjust the rate with Department approval (§ 1206.42); organic exemption — first handlers with an approved USDA NOP handling plan may be exempt from assessments on mangos certified "organic" or "100 percent organic" (§ 1206.202); budget submitted at least 60 days before each calendar year (§ 1206.40)
• Governance: programs, plans, and projects require Secretary approval; patents and copyrights created with Board funds belong to the U.S. Government (§ 1206.52); funds may not be used for lobbying or influencing legislation; independent evaluation of program effectiveness required periodically

The mango checkoff's governance structure reflects the commodity's supply reality: the United States produces negligible quantities of fresh mangos (primarily in Florida and Hawaii), but is one of the world's largest mango-importing nations — drawing primarily from Mexico, Peru, Ecuador, and Brazil. Importers hold 8 of 18 board seats while domestic producers hold 2; foreign producers (who represent the source countries) hold 7. This unusual foreign-producer representation is possible because the program is funded at the U.S. end of the supply chain (importers and first handlers pay), but the commodity's competitive position depends heavily on the quality and consistency of the international supply base.

7 CFR Part 1218 — Blueberry Promotion, Research, and Information Order, implementing the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. §§ 7411–7425):

• Board structure: the U.S. Highbush Blueberry Council has up to 21 members (plus alternates) from 2023 onward — 1 producer and 1 alternate from each of 4 U.S. regions (West, Midwest, North, and East/South), plus additional state representatives and one first-handler member and importer members; if a state has a blueberry commission or marketing order, that organization must nominate at least two candidates for every member and alternate seat from that state (§§ 1218.40–1218.41); alternate members fill in when the primary member is absent and automatically succeed to the seat if the member vacates it (§ 1218.44); members serve 3-year terms renewable for a second consecutive term (§ 1218.42); no compensation, reasonable travel expenses reimbursed (§ 1218.46)
• Assessment: $18 per ton ($0.01984 per kg) on all blueberries handled or imported (§ 1218.52); first handlers collect from producers; importers pay at U.S. Customs; the Council reviews the rate periodically and may adjust it with the Secretary's approval; exemption for producers growing or importers bringing in fewer than 2,000 lbs per year — apply on Form AMS-15 (§ 1218.53); late payment penalty: 5% one-time fee plus 1% per month interest on the unpaid balance after 30 calendar days (§ 1218.520)
• Record-keeping and reporting: first handlers must file periodic reports with the Council (pounds handled, assessment collected, dates); all parties must retain records for at least 2 fiscal years for Secretary audit (§§ 1218.60–1218.61); all information from books and records is kept strictly confidential by Council staff, contractors, and government personnel (§ 1218.62)

The blueberry checkoff reflects the commodity's production geography: Michigan, Georgia, Oregon, Washington, and New Jersey are the leading states. The "state representative" structure — where existing state blueberry commissions or marketing order committees feed the Council nominations — creates a layered relationship between the federal checkoff and the state-level industry governance that exists in major blueberry states. The Council funds the "Blueberry" brand and nutritional research linking blueberry consumption to health outcomes (antioxidants, cognitive health).

7 CFR Part 1215 — Popcorn Promotion, Research, and Consumer Information Order, implementing the Popcorn Promotion, Research, and Consumer Information Act of 1995 (7 U.S.C. §§ 7481–7491):

• Board structure: the Popcorn Board has 5 members — all popcorn processors (not farmers; a processor is someone who shells, cleans, dries, and prepares unpopped kernels for market, owns them at harvest, and bears the risk of loss); Secretary appoints from nominations submitted by processors; 3-year terms, staggered on initial formation (first Board members draw two-, three-, and four-year terms); members serve without pay but are reimbursed for reasonable expenses; a majority constitutes a quorum, each member gets one vote, and motions pass by majority vote; Board must meet at least once per year (§§ 1215.21–1215.27)
• Who pays: processors who put popcorn on the U.S. market or export it pay the assessment when popcorn is first offered for sale; the Board sets the assessment rate with USDA approval; budget submitted to the Secretary at least 60 days before each fiscal year (§§ 1215.50–1215.51)
• Exemptions: processors who handled and sold 4,000,000 lbs or fewer of popcorn in the prior year are exempt from assessments; processors with certified organic popcorn under an approved National Organic Program (NOP) handling plan may also qualify for exemption (§§ 1215.52, 1215.300)
• Reporting: all processors and direct sellers must submit quarterly reports on the Board's form; records must be retained and made available to the Board or Secretary on demand; all information collected from records is confidential and may not be disclosed to Board members or other processors (§§ 1215.60–1215.62); Board may not contract with a processor to carry out promotion or research (§ 1215.41)
• Governance: Board must not use assessment funds to lobby or influence government policy or legislation; programs and promotional plans require Secretary approval; most recent Federal Register amendment: 80 FR 82028 (2015)

The Popcorn Board is one of the smallest commodity boards in the checkoff system, reflecting popcorn's concentrated processor structure — a handful of large processors (Conagra, Weaver Popcorn) account for the vast majority of U.S. commercial popcorn. The no-contractor-processor rule (§ 1215.41) is notable: the Board cannot hire a processor to run its own promotion work, preventing the largest industry members from capturing the promotional budget. The Board has funded research on puffing characteristics, moisture retention, and shelf life, and has promoted popcorn as a whole-grain snack food to a consumer base that needs little convincing — U.S. per-capita popcorn consumption is among the highest in the world.

Pending Legislation

No major pending legislation targeting the general commodity checkoff framework as of April 2026. The Supreme Court's 2018 decision in National Pork Producers Council v. Ross — addressing California's Proposition 12 (humane pork production requirements) — created uncertainty about checkoff programs' interaction with state regulations, a tension that continues to produce litigation rather than legislative response.

Recent Developments

The Trump administration's 2025 USDA staffing reductions affected USDA's Agricultural Marketing Service oversight of commodity boards. Separately, the broader debate about mandatory checkoff programs' constitutionality continues to evolve in lower courts, with several commodity groups pursuing claims that specific programs cross the line from permissible government speech into unconstitutional compelled private speech. The popcorn and kiwifruit programs have operated at a lower profile than large commodity checkoffs (beef, pork, dairy) that have attracted more legal and policy attention.