1. What is the difference between a petition and a referendum?
A petition authorized by the Beef Research and Information Act (Beef Act) (7 U.S.C. 2901-2911), is a formal written request from eligible beef producers for the Secretary to hold a referendum on the Beef Order. If a petition receives the required number of valid signatures, the Secretary will consider whether to publish referendum procedures and hold a referendum. In a referendum, eligible individuals/organizations would vote to determine if the Beef Order would be terminated or suspended.
2. Is the petition calling for an up or down vote on the termination of the beef checkoff program?
The petitioners are requesting a referendum on the termination of the program. Should a referendum be called, it would ask for a yes or no vote to terminate the program.
3. Who is eligible to sign the petition?
A person who signs the petition must meet the following eligibility requirements:
- Any producer regardless of age who has owned, sold, or purchased cattle during a 15-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.
- Any individual member of a group, who is an eligible person separate from the group, may request a referendum separately.
4. Who is responsible for collecting signatures?
The organizations/people calling for the petition are responsible for collecting the signatures.
5. How long do the petitioners have to gather and submit signatures?
On August 3, 2021, the USDA granted a 60-day extension to gather signatures given the extenuating circumstance of the COVID-19 pandemic and associated challenges. The petitioners seeking a referendum on the Beef Checkoff Program now have 15 months instead of 12 months to gather signatures. The petitioners must notify the Agricultural Marketing Service (AMS) when the time period begins and ends. In this case, the petition process runs from July 2, 2020, to October 3, 20211. The petitioners have 30 days to submit the names of producers either via mail or electronic means after the 15-month period concludes.
1 The original end-date of the petition was July 2, 2020.
6. Will a signature collected on October 3, 2021, be valid for submission?
Yes, a signature collected on October 3, 2021, will be allowed to be submitted for validation.
7. How many valid signatures are needed on a petition to the Secretary and how is that determined?
AMS based the valid number of signatures required for the petition on the estimated number of farms with cattle and calves in the most recent Census for Agriculture conducted by the USDA’s National Agricultural Statistics Service in 2017. The Beef Act requires a representative group comprising 10 percent or more of the number of cattle producers to petition the Secretary for a referendum. The 2017 Census of Agriculture estimates that there were 882,692 farms with cattle and calves in the United States, therefore, 88,269 valid signatures are needed.
8. Can the petitioner send both electronic and paper signatures to meet the requirement?
Yes, the petitioner can send a combination of electronic and paper signatures to AMS for validation.
9. If the petitioner submits the signatures early for validation can they submit a second batch of signatures if the number of validated signatures for the first submission does not meet the ten percent threshold?
Petitioners do not have the option to submit multiple batches of signatures for validation, even if it occurs with in the allowable timeframe.
10. Who bears the cost of the petition?
The organizations/people responsible for the petition must bear the costs of collecting the signatures.
11. Who validates the signatures and who bears the validation cost?
AMS validates the signatures and the Beef Checkoff Program is responsible for the cost of the validation.
12. Is AMS involved in the petition process?
The petitioner is responsible for initiation of the petition, collection, and submission of the signatures. AMS provides guidance on the information needed for AMS to validate the signatures. AMS has issued the Guidelines to Petition the Secretary of Agriculture for a Referendum on the Beef Promotion and Research Order.
13. How will petition signatures be validated?
AMS will develop appropriate methods for validating the petition signatures and provide more information at a later date.
14. Has a petition occurred in the past with the Beef Checkoff Program and if so, what was the outcome?
Yes, AMS received a petition in 1999. However, after completion of a validation process for the signatures, AMS determined the required number of valid signatures were not obtained.
15. What are the verification methods AMS will use to determine fraud or misuse during the petition process to include concerns with the signature solicitation process?
AMS will consider any deficiencies found during the petition process in its validation process. AMS will apply additional scrutiny to petition signatures obtained through an online platform and will consider whether signatures have been obtained subject to improper influence or coercion. The petitioner is responsible for maintaining the integrity of the process.