No More Mandatory ESG Fees for Dairy Farmers, USDA Rules

The U.S. Department of Agriculture (USDA) has ended environmental, social, and governance (ESG) initiatives in a dairy program that is funded by dairy farmers.

The update applies to the National Dairy Promotion and Research Program, also known as the Dairy Checkoff Program.

The program funds research, promotion, and nutrition activities aimed at strengthening markets for American dairy.

However, the Innovation Center for U.S. Dairy, set up through the program, has pursued “extensive ESG initiatives, including greenhouse-gas and net-zero targets,” the USDA said in a Sept. 17 statement.

“USDA’s action ends checkoff support for those ESG-related projects while allowing necessary administrative functions that do not advance such agendas,” the department said.

American dairy farmers pay 15 cents per hundredweight on their milk to fund the checkoff program. Importers pay 7.5 cents per hundredweight on dairy products brought into the country.

The checkoff program is partly managed by Dairy Management Inc. (DMI), created by the National Dairy Promotion and Research Board (NDB) and another entity.

In a Sept. 17 letter to NDB Chair Lolly Lesher, USDA Secretary Brooke Rollins cited several DMI initiatives deemed to support ESG activities.

This includes the U.S. Dairy Net Zero Initiative, Greener Cattle Initiative, Pathways to Dairy Net Zero, and the mandatory participation of dairy producers in the Farmers Assuring Responsible Management Environmental Stewardship program.

Rollins asked Lesher to submit a list of all projects, both current and planned, that support ESG.

In its recent statement, USDA said the decision to end dairy checkoff funding for ESG initiatives aligns research and promotional activities with the original mission of the checkoffs.

“American dairy producers, cattle ranchers, and farmers pay checkoff assessments so those dollars can build demand for their products—not bankroll radical climate agendas that raise costs and constrain production,” Rollins said in the statement.

“Today’s action returns the Dairy Checkoff and all research and promotion programs to their core mission: expanding markets and supporting the hardworking men and women who feed this country.

“We will not allow producer dollars to underwrite mandates that put American agriculture at a disadvantage.”

‘Costly and Unconstitutional Practice’

The Wisconsin Institute for Law & Liberty (WILL) welcomed the USDA decision in a Sept. 17 statement, highlighting that the department’s action came after the organization had filed a lawsuit on the matter.

The lawsuit, filed in June against the secretary of agriculture and the NDB, argued that using dairy checkoff funds for ESG initiatives pushed expensive and harmful mandates on the country’s farmers.

The USDA and WILL agreed to stay the case while the department finalized its decision to end ESG initiatives in dairy checkoff programs.

“We are very encouraged by this great news today for America’s dairy farmers. Following our lawsuit, the Trump administration is ending a costly and unconstitutional practice of forcing dairy farmers to fund radical ESG demands with the ‘Dairy Checkoff,’” Rebecca Furdek, WILL deputy counsel, said in the statement.

“This was a clear example of unelected and unaccountable federal bureaucrats in Washington, D.C., pushing an ideological agenda on our hardworking American farmers.”

According to WILL, the update could potentially affect more than 20,000 dairy farms. 

Meanwhile, in its recent statement, the USDA said it has also directed the Agricultural Marketing Service to ensure that no promotion and research funds in other commodity checkoffs go to advance ESG mandates.

In addition to dairy, there are similar checkoff programs for a wide range of commodities, such as lamb, egg, mango, pork, beef, peanut, and potato.

“American producers substantially fund these checkoff programs through mandatory assessments. Those funds must serve their statutory purpose of strengthening markets for agriculture—not advance misguided external ESG agendas that can raise costs or potentially constrain production,” the USDA said.