U.S. Code » Title 7 » Chapter CHAPTER 62— BEEF RESEARCH AND INFORMATION

7 U.S.C. § 2905

Certification of organizations to nominate

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(a) Eligibility of State organization certified by Secretary; eligibility criteria

The eligibility of any State organization to represent producers and to participate in the making of nominations under section 2904(1) of this title shall be certified by the Secretary. The Secretary shall certify any State organization that the Secretary determines meets the eligibility criteria established under subsection (b) and such determination as to eligibility shall be final.

(b) State cattle association or State general farm organizationA State cattle association or State general farm organization may be certified as described in subsection (a) if such association or organization meets all of the following eligibility criteria:(1) The association or organization’s total paid membership is comprised of at least a majority of cattle producers or the association or organization’s total paid membership represents at least a majority of the cattle producers in the State.(2) The association or organization represents a substantial number of producers that produce a substantial number of cattle in the State.(3) The association or organization has a history of stability and permanency.(4) A primary or overriding purpose of the association or organization is to promote the economic welfare of cattle producers.(c) Factual report basis for certification of State cattle association and State general farm association

Certification of State cattle associations and State general farm organizations shall be based on a factual report submitted by the association or organization involved.

(d) Certification of more than one State organization; caucus

If more than one State organization is certified in a State (or in a unit referred to in section 2904(1) of this title), such organizations may caucus to determine any of such State’s (or such unit’s) nominations under section 2904(1) of this title.

(Pub. L. 94–294, § 6, May 28, 1976, 90 Stat. 531; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1603.)Editorial NotesAmendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to certification of organizations to nominate for provisions relating to findings and issuance of orders.

Statutory Notes and Related SubsidiariesEffective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1989–2025 · leading case: United States v. L. Robert Frame, Sr. And Vintage Sales Stables, Inc.
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United States v. L. Robert Frame, Sr. And Vintage Sales Stables, Inc. (1989) ca3 · cites it 2× “” 7 U.S.C. § 2905 (b); 7 C.F.R. § 1260.530 .”
Charter v. United States Department of Agriculture (2002) mtd · cites it 2× “7 U.S.C. § 2905 (b). The secretary must allow an organization to nominate Beef Board members only after determining the organization meets Congress’s criteria.”
Livestock Marketing Ass'n v. United States Department of Agriculture (2002) sdd “Furthermore, the State organizations eligible to participate in Board nominations are those that “have a history of stability and permanency,” and whose *1005 “primary or overriding purpose is to promote the economic welfare of cattle producers.”
Michigan Pork Producers v. Campaign for Family Farms (2002) miwd “Furthermore, the State organizations eligible to participate in Board nominations are those that “have a history of stability and permanency,” and whose “primary or overriding purpose is to promote the economic welfare of cattle producers.”
R.J. Reynolds Tobacco Co. v. Shewry (2004) ca9 “2d at 1133-34 (describing compelled contributions to a nominally government controlled “Cattleman’s Board,” where the persons with actual control over the disbursement of funds were private individuals “whose primary or overriding purpose is to promote the welfare of the cattle…”
R.J. Reynolds Tobacco Co. v. Shewry (2004) ca9 “2d at 1133-34 (describing compelled contributions to a nominally government controlled “Cattle *1137 man’s Board,” where the persons with actual control over the disbursement of funds were private individuals “whose primary or overriding purpose is to promote the welfare of the…”
ANN VENEMAN, Secretary, U.S. Department of Agriculture,NATIONAL DAIRY PROMOTION BOARD (2004) ca3 “at 1133 (quoting 7 U.S.C. § 2905 (b)(3) & (4)). The government’s role in the Dairy Promotion Program is in all material respects the same as it was in the Beef Promotion Program, and under the precedent established in Frame , the Secretary’s supervisory responsibilities are not…”
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture (2021) dcd “QSBCs perform several functions in support of the Beef Checkoff Program, including serving as liaisons between the Beef Board and state cattle producers, 7 U.S.C. § 2905 ; collecting the one-dollar-per-head checkoff assessments on the Beef Board’s behalf, 7 U.”
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture (2025) dcd “In addition to receiving assessments, QSBCs also perform several other functions in support of the Beef Checkoff Program, such as serving as liaisons between the Beef Board and state cattle producers, 7 U.S.C. § 2905 , electing, as a group, half the members of the Operating…”
R.J. Reynolds v. Shewry (2005) ca9 “SHEWRY 12919 “whose primary or overriding purpose is to promote the wel- fare of the cattle producers” (quoting 7 U.S.C. § 2905 (b)(4))); see also Mich. Pork Producers Ass’n v.”
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