January 19, 2001

Pork producers have filed for legal action against the USDA in the recently announced termination of the pork checkoff program. The group, which includes independent pork producers, the Michigan Pork Producers Association and the National Pork Producers Council, filed for a temporary restraining order and a preliminary injunction preserving the status quo and enjoining the termination of the pork checkoff program until a full and fair hearing has occurred.

Other independent producers and state pork organizations are expected to join the legal effort that was filed in federal court at Grand Rapids, MI.

"Although the checkoff opposition is calling the USDA's termination order of the pork checkoff a 'monumental day' for independent pork producers, the reality is this could mean devastation for the future of independent producers," said Pete Blauwiekel, a Fowler, MI, pork producer. "Pork producers want answers to their questions. We have confidence the federal court system will follow the law when determining how the referendum was called, how it was conducted and how the votes were interpreted," added Blauwiekel, a plaintiff in the lawsuit. "Irregularities and discrepancies point to more than just a flawed process."

The injunction contends that USDA has acted unlawfully in holding a binding referendum despite having no legal authority to do so. Even if a referendum could be held, USDA ran the referendum in a manner that was filled with irregularities, that failed to apply consistent standards or to count all lawfully cast ballots.

"As producers became aware of irregularities and inconsistencies in the voting process, the National Pork Producers Council brought these issues to USDA's attention," said Craig Jarolimek, NPPC president. "We feel strongly that neither the Office of the Inspector General nor USDA took these concerns seriously or even investigated the situation thoroughly. Pork producers should be outraged at such mismanagement of the referendum and intervention into the pork checkoff by the government," added Jarolimek, a Forest River, ND, pork producer.

Approximately $54 million was collected through the pork checkoff in 2000. As required by the Pork Act and Order, 20% of money is returned to state pork associations for investment in state-directed promotion, consumer education and research programs.