"Obviously, we are disappointed with the decision," said Beef Board Chairman Dee Lacey, a cow-calf producer from Paso Robles, Calif. "But this represents just one step in a lengthy process, and we're in it for the long haul."

Lacey pointed out that the USDA and Department of Justice have stood strong behind the checkoff program throughout this legal challenge - brought on by the Livestock Marketing Association (LMA), the Western Organization of Resource Councils (WORC), and three individuals in an earlier petition.

"It's unfortunate that the plaintiffs in this case have chosen to distract attention and funding from the real issues at hand in our industry today to wade through this legal morass," Lacey said. "The checkoff represents the key way for us, as producers, to invest in our futures, and this kind of tactic certainly seems counterproductive to those efforts."

In annual independent surveys conducted since the launch of the beef checkoff 15 years ago, producers have repeatedly voiced strong support for the program, Lacey said. In the latest survey, released in January 2002, about 68 percent of producers said they approved of the Beef Checkoff Program.

For up-to-date information on the beef checkoff case, go to www.gabeef.org/gca.

The Beef Checkoff Program was established as part of the 1985 Farm Bill. The checkoff assesses $1 per head on the sale of live domestic and imported cattle, in addition to a comparable assessment on imported beef and beef products. States retain up to 50 cents on the dollar and forward the other 50 cents per head to the Cattlemen's Beef Promotion and Research Board, which oversees the national checkoff program, subject to USDA oversight. The checkoff assessment became mandatory when the program was approved by 79 percent of producers in a 1988 national referendum vote. Checkoff revenues may be used for promotion, education and research programs to improve the marketing climate for beef.