The U.S. Court of Appeals for the 8th Circuit last month granted a request for stay which allows the beef promotion program to continue without interruption while the appeal is pending.
A June 21 decision by a district court in South Dakota ruled that the Beef Promotion and Research Act is unconstitutional and directed the collection of assessments cease on July 15. However, the stay postpones implementation of the South Dakota decision and the beef promotion and research program will continue to operate and conduct operations as normal during the pendency of the appeal. The Justice Department requested the stay on behalf of USDA.
Following the July court order, the beef promotion and research program will remain in effect and beef producers and importers must continue to pay beef checkoff assessments. Producers and importers who fail to pay the assessment may be subject to late payment charges and civil penalties of not more than $5,500 per violation.