HR 3516119th CongressIn Committee

Opportunities for Fairness in Farming Act of 2025

Introduced: May 20, 2025

Agriculture & Food

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Opportunities for Fairness in Farming Act of 2025 would overhaul the U.S. system of commodity checkoff programs (the generic promotion, research, and information programs funded by producers). It would prohibit checkoff boards from contracting with parties that seek to influence agricultural policy, ban conflicts of interest, and bar anticompetitive or misleading practices. The bill also mandates far greater transparency: quarterly accounting of funds and services, and public disclosure of budgets and disbursements with details on recipients and contractors. It creates strong auditing and oversight requirements, including periodic audits by the Department of Agriculture’s Inspector General and a later-wide review by the Comptroller General (GAO). The act also allows boards to directly enter into contracts for generic promotion or research with Secretary approval, with one exception allowing contracts with institutions of higher education. Overall, the measure aims to reduce abuses, improve accountability, and ensure that checkoff funds are used to promote agricultural commodities without improper political influence or unfair practices.

Key Points

1Prohibitions and conflicts of interest: For checkoff programs with annual revenues over $20 million, boards may not contract with parties that engage in activities to influence agricultural policy; boards and their employees/agents may not engage in conflicts of interest, anticompetitive activity, deceptive practices, or disparagement of other commodities.
2Increased transparency and records: Every checkoff contract must require quarterly reporting of all funds received, goods/services provided, and costs incurred. Boards must maintain these records and publish them for public inspection within 30 days of receipt.
3Public budgets and disbursements: Boards must promptly publish all approved budgets and disbursements, including the disbursement amount, purpose, recipient, and any subcontractors or other entities involved.
4Audit and oversight: The Inspector General of the Department of Agriculture must conduct periodic audits (not less than every 5 years; first audit within 2 years of enactment). The Comptroller General must perform a separate audit 3-5 years after enactment to assess compliance and propose improvements, with IG audit findings informing GAO recommendations.
5Definitions and scope: The bill defines the Board, checkoff program (covering multiple named acts and programs), conflict of interest, and Secretary, and specifies which programs are affected. It also provides a limited exception allowing higher education institutions to contract with a Board for research, extension, and education, subject to approval.

Impact Areas

Primary group/area affected- Producers and agricultural categories funded by checkoff programs (especially those associated with programs with annual assessments above $20 million) and the boards that administer these checkoffs. These changes directly constrain how funds are spent, mandate transparency, and increase testing through audits.Secondary group/area affected- Lobbying entities, policy advocacy groups, and other stakeholders that might previously partner with checkoff programs; because the bill restricts contracts with groups engaged in influencing policy, some collaborative arrangements could be altered or ended.- Land-grant universities and other higher education institutions, which are mentioned as eligible contractors for research under an approved contract.Additional impacts- Administrative and compliance burden on checkoff boards due to quarterly reporting, public disclosure requirements, and regular audits.- Potentially greater public trust and scrutiny of checkoff activities due to enhanced transparency, but also potential pushback from boards or producer groups about operational constraints.- The focused threshold (> $20 million in annual revenue) means smaller checkoff programs would not be subject to the same restrictions, possibly shaping how programs scale or consolidate in the future.The bill uses “checkoff program” to refer to a broad set of federally and state-authorized programs (e.g., Cotton, Beef, Soybean, Dairy, etc.) designed to promote a commodity rather than a specific producer or brand.A severability clause ensures that if any part is struck down, the rest remains in effect.

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