C.F.R. » Title 7 » CHAPTER XI—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE › PART 1260—BEEF PROMOTION AND RESEARCH › Subpart A—Beef Promotion and Research Order

7 C.F.R. § 1260.169

Promotion, research, consumer information and industry information

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The Committee shall receive and evaluate, or on its own initiative, develop and submit to the Secretary for approval any plans and projects for promotion, research, consumer information and industry information authorized by this subpart. Such plans and projects shall provide for:

(a) The establishment, issuance, effectuation, and administration of appropriate plans or projects for promotion, research, consumer information and industry information, with respect to beef and beef products designed to strengthen the beef industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for beef and beef products;

(b) The establishment and conduct of research and studies with respect to the sale, distribution, marketing, and utilization of beef and beef products and the creation of new products thereof, to the end that marketing and utilization of beef and beef products may be encouraged, expanded, improved or made more acceptable in the United States and foreign markets;

(c) Each plan or project authorized under paragraph (a) and (b) of this section shall be periodically reviewed or evaluated by the Committee to ensure that each such plan or project contributes to an effective program of promotion, research, consumer information and industry information. If it is found by the Committee that any such plan or project does not further the purposes of the Act, then the Committee shall terminate such plan or project;

(d) In carrying out any plan or project of promotion or advertising implemented by the Committee, no reference to a brand or trade name of any beef product shall be made without the approval of the Board and the Secretary. No such plans or projects shall make use of any unfair or deceptive acts or practices, including unfair or deceptive acts or practices with respect to the quality, value or use of any competing product; and

(e) No funds collected by the Board under this subpart shall in any manner be used for the purpose of influencing governmental policy or action, except to recommend to the Secretary amendments to this part.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1989–2025 · leading case: Johanns v. Livestock Marketing Assn.
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Johanns v. Livestock Marketing Assn. (2005) scotus · cites it 2× “, 7 CFR § 1260.169 (d) (2004) (campaigns shall not, without prior approval, refer "to a brand or trade name of any beef product").”
Charter v. United States Department of Agriculture (2002) mtd · cites it 6× “7 C.F.R. § 1260.169 . The projects it effectuates must be designed to strengthen the beef industry’s position in the marketplace and to maintain and expand domestic and foreign beef markets.”
United States v. L. Robert Frame, Sr. And Vintage Sales Stables, Inc. (1989) ca3 “In accordance with this mandate, the Order provides, "No funds collected by the Board under this subpart shall in any manner be used for the purpose of influencing governmental policy or action, except to recommend to the Secretary amendments to this part," 7 C.F.R. § 1260.169…”
Orleans International, Inc. v. United States (2003) cafc “§ 2901(b); 7 C.F.R. § 1260.169 (a), (b) (2002).”
Avocados Plus Inc. v. Johanns (2006) dcd · cites it 2× “7 C.F.R. § 1260.169 . Thus, even though its day-to-day operations may be contracted out, the Beef Board, and ultimately the Secretary, control all expressive activities funded by the Beef Act.”
Delano Farms Co. v. California Table Grape Commission (2008) caed “, 7 CFR § 1260.169 (d) (2004) (campaigns shall not, without prior approval, refer ‘to a brand or trade name of any beef product’).”
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture (2025) dcd · cites it 2× “, 7 CFR § 1260.169 (d) (2004) (campaigns shall not, without prior approval, refer “to a brand or trade name of any beef product”).”
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture (2021) dcd “The Beef Order also places limits on how QSBCs may spend the funds they receive: specifically, QSBCs must conduct or fund “plans or projects for promotion, research, consumer information and industry information, with respect to beef and beef products,” 7 C.F.R. § 1260.169 (a),…”
Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America a Montana Corporation v. Vilsack (2020) mtd “181 (b)(1); see 7 C.F.R. § 1260.169 (defining activities that QSBCs may conduct under § 1260.”
Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America a Montana Corporation v. Vilsack (2021) mtd “181 (b)(1); see also 7 C.F.R. § 1260.169 (defining activities that QSBCs may conduct under § 1260.”
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