S 1848119th CongressIn Committee

Opportunities for Fairness in Farming Act of 2025

Introduced: May 21, 2025

Agriculture & FoodEconomy & Taxes

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Opportunities for Fairness in Farming Act of 2025 would tighten oversight and curb certain practices in federally supported checkoff programs (the generic promotion and research efforts for various agricultural commodities). For checkoff programs with annual assessments above $20 million, the bill would prohibit boards from engaging with parties that lobby or influence agricultural policy, require strict conflict-of-interest controls, and bar anticompetitive or disparaging actions. It would substantially increase transparency by mandating quarterly records, public publication of budgets and disbursements (including recipients and subcontractors), and regular audits by the Department of Agriculture’s Inspector General and the Comptroller General. An exception allows boards to contract with institutions of higher education for research, extension, and education, and the Secretary would retain authority to approve certain direct contracts for generic promotion or related activities. The overall aim is to ensure that checkoff funds are used responsibly, with fewer opportunities for lobbying, favoritism, or undisclosed spending.

Key Points

1Prohibitions for large programs: For any checkoff program with annual assessment revenue over $20 million, a Board may not contract with a party that engages in activities intended to influence agricultural policy or government action.
2Conflicts of interest and conduct: Boards and their staff may not engage in conflicts of interest, anticompetitive activities, unfair or deceptive practices, or disparaging treatment of other agricultural commodities.
3Education exception: Contracts between a Board and a higher education institution for research, extension, and education are exempt from the prohibition in the first point.
4Transparency and recordkeeping: Boards must require quarterly production of records showing all funds, goods/services received, and costs; they must maintain these records and make them publicly accessible within 30 days of receipt.
5Budgets, disbursements, and audits: Boards must publish budgets and disbursements approved by the Secretary, including amounts, purposes, recipients, and any contractors or subcontractors. The Act also mandates periodic audits by the Inspector General (not more than every 5 years, with an initial audit within 2 years of enactment) and a separate Comptroller General audit within 3-5 years to assess progress and provide recommendations, taking IG reports into account.

Impact Areas

Primary group/area affected- Producers and stakeholders involved in large checkoff programs (those with annual assessments over $20 million) who are affected by how funds are spent, the transparency of spending, and enforceable conflicts of interest.Secondary group/area affected- Boards that administer checkoff programs, the U.S. Department of Agriculture’s Inspector General, the Comptroller General, and Congress (who receive audit reports). Also, universities and research institutions collaborating with boards (due to the education exception and new reporting expectations).Additional impacts- Potential shifts in how checkoff funds are allocated, with tighter controls potentially reducing lobbying or policy-influencing activities and increasing public trust.- Increased administrative burden and compliance costs for large programs due to quarterly reporting, mandatory public disclosure, and regular audits.- Greater accountability could influence how checkoff programs interact with other industry players, potentially affecting collaboration and marketing strategies across commodities.

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