031043 USDA may ask Supreme Court to review beef checkoff

Washington - The Bush administration may ask the Supreme Court to decide the future of a U.S. beef industry program that funds the "Beef, It's What's For Dinner" advertising campaign, a U.S. Agriculture Department official said on Monday.

Last week, the Eighth U.S. Circuit Court of Appeals denied the administration's request to reconsider its ruling that the government-run beef "checkoff" program was unconstitutional and should be terminated.

In July, a three-judge panel ruled the checkoff program violated a rancher's right to free speech. The administration had hoped the entire appeals court would review the ruling.

"We are conferring with the Department of Justice to determine what the next steps are," said USDA spokeswoman Alisa Harrison. One option was to ask the Supreme Court to hear the case, she said.

The USDA has asked the appeals court for a stay on the ruling until it decides its next step. A stay would allow the beef checkoff to continue.

The checkoff program raises more than $80 million a year for beef marketing by collecting $1 per head on cattle sales.

Small farmers have filed several lawsuits against the program, claiming the checkoff is an unfair tax that funds activities that favor large corporate producers. USDA and the National Cattlemen's Beef Association say the checkoff helps boost consumer demand.

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