7 C.F.R. § 1230.73

Uses of distributed assessments

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(a) Each State association shall use its distribution of assessments pursuant to § 1230.72, as well as any proceeds from the investment of such funds pending their use, for financing plans and projects and the administrative expenses incurred in connection therewith, including the cost of administering nominations and elections of producer members of the Delegate Body.

(b) The Council shall use its distribution of assessments pursuant to § 1230.72, as well as any proceeds from the investment of such funds pending their use, for financing plans and projects and the Council's administrative expenses.

(c) The Board shall use its distribution of assessments pursuant to § 1230.72, as well as any proceeds from the investment of such funds pending their use, for:

(1) Financing plans and projects;

(2) The Board's expenses for the Board's administration, maintenance, and functioning as authorized by the Secretary;

(3) Accumulation of a reserve not to exceed one fiscal period's budget to permit continuation of an effective promotion, research, and consumer information program in years when assessment amounts may be reduced; and

(4) The Secretary's administrative costs in carrying out this part.

Notes of Decisions

Cited in 3 cases, 2003–2018 · leading case: Humane Soc'y of the U.S. v. Perdue, 290 F. Supp. 3d 5 (D.C. Cir. 2018).

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Humane Soc'y of the U.S. v. Perdue, 290 F. Supp. 3d 5 (D.C. Cir. 2018). “The Pork Order allows checkoff funds to be used for "plans and projects" that comply with the Act, 7 C.F.R. § 1230.73 , and it authorizes the Board to incur expenses that "the Secretary finds are reasonable and likely to be incurred" to perform its duties under the Order,…”

Michigan Pork Producers Ass'n v. Veneman, 348 F.3d 157 (6th Cir. 2003). “7 C.F.R. § 1230.73 (c)(4). Third, the government exercises only limited oversight over the programs.”

Humane Soc'y of the United States v. Perdue (D.D.C. 2018). “The Pork Order allows checkoff funds to be used for “plans and projects” that comply with the Act, 7 C.F.R. § 1230.73 , and it authorizes the Board to incur expenses that “the Secretary finds are reasonable and likely to be incurred” to perform its duties under the Order,…”

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