Office of the 1400 Independence Avenue, SW

Deputy Administrator Room 2092-S, STOP 0249

 Livestock & Poultry Program Washington, DC 20250-0249

 

 

Guidelines to Petition the Secretary of Agriculture

For a Referendum on the Beef Promotion and Research Order

Section 7(b) of the Beef Promotion and Research Act of 1985 (Act) provides that “...the 

Secretary may conduct a referendum on the request of a representative group comprising 10 per 

centum or more of the number of cattle producers to determine whether cattle producers favor 

the termination or suspension of the order” (7 U.S.C. 2906(b)). 

Neither the Act nor the Beef Promotion and Research Order (Order) provides guidance regarding 

how a request to the Secretary of Agriculture (Secretary) for a referendum should be made. 

While cattle producers would initiate a request, its validity would be evaluated by the 

Agricultural Marketing Service (AMS), which is the agency within the U.S. Department of 

Agriculture (USDA) that oversees the Beef Checkoff Program. These guidelines lay out criteria 

that AMS would evaluate in determining the validity of a request for a referendum. 

Number of Cattle Producers

• Neither the Act nor the Order describes what constitutes “a representative group 

comprising 10 per centum or more of the number of cattle producers.” For the purpose of 

evaluating a request for a referendum on the Beef Checkoff Program, AMS would rely on 

the most recent information available from the USDA’s National Agricultural Statistics 

Service (NASS). While NASS does not provide estimates of the number of cattle 

producers in the United States, it does provide estimates of the number of farms with 

cattle and calves in the Census of Agriculture. The 2017 Census of Agriculture estimates 

that there were 882,692 farms with cattle and calves in the United States.

• AMS recognizes that the number of farms with cattle and calves does not necessarily 

equal the number of cattle producers. For example, one cattle producer may have cattle 

on several different farms, and there may be several cattle producers with cattle on one 

farm. Nonetheless, AMS considers the number of farms with cattle and calves as the best 

estimate for determining “a representative group comprising 10 per centum or more of 

the number of cattle producers.” Consequently, a request from at least 88,269 cattle

producers would be required for the Secretary to call for a referendum. 

Eligibility Criteria

 

• Any producer regardless of age who has owned, sold, or purchased cattle during a 12-

month period established by the petitioner is eligible to sign a petition. 

• Any person younger than 18 years of age must have a parent or guardian co-sign the 

petition.

• A person who signs the petition on behalf of a corporation or other entity must be 

authorized to do so. No proxy signature is permitted. 
Time Period to Gather Signatures

• An organization or association wanting a referendum on the Beef Checkoff Program will 

be provided 12 months to gather signatures. The organization or association will notify 

USDA when the 12-month time period begins and ends.

• An organization or association will be solely responsible for the compilation of signatures 

and submission to USDA either electronically or via express mail. 

• The association or organization will submit the names of producers either via mail or 

electronic means within 30 days after the 12-month period concludes. 

• At the end of the 12-month petition period, the organization or association compiling the 

signatures that wants to submit the information electronically, they must contact USDA 

at the number below and USDA will provide a mechanism to submit the information.

• Any individual member of a group, who is an eligible person separate from the group, 

may request a referendum separately.

Petition Information Required by USDA

• Full name of person or entity represented

• Signature and printed name (signature of parent or guardian of any person signing under 

the age of 18).

• Complete mailing address

• Daytime Telephone Number (home, business or cell)

• Email address (if available)

• Date petition was signed

Statement of Integrity

USDA recommends that the petition include the following statement of integrity:

My signature signifies that I consent to signing this petition, that I have not been 

incentivized to sign, coerced into signing, or misguided as to the purpose of my signature 

on this petition.

Verification

AMS will review submitted signatures to ensure that no producer has been incentivized to sign, 

coerced into signing, or misguided as to the purpose of the petition.

The signatures will be verified by USDA through statistical sampling using the contact 

information provided by those submitting petitions. If selected, the producer must be able to 

provide some type of documentation such as a sales receipt, remittance form, etc., showing that 

the person signing the petition owned, sold, or purchased cattle during the 12-month period 

established by the petitioner.
Contact Information

For more information, contact:

Elizabeth R. Flores

Director, Research and Promotion Division

Livestock and Seed Program, AMS

U.S. Department of Agriculture

(202) 720-1118

Elizabethr.Flores@usda.gov

July 22, 2020