U.S. Commodity Board Petitions Denied

WASHINGTON - Sep 20/05 - SNS -- A USDA administrative law judge denied petitions to strike down research and promotion programs for watermelons and honey.

The petitioner said the boards violate the First Amendment of the U.S. Constitution. But, the judge said the recent U.S. Supreme Court decision Johanns v. Livestock Marketing Assn. makes it clear this is not the case.

Administrative Law Judge Jill Clifton ruled that the coordinated programs of research, promotion, consumer education, and industry information, including advertising, which are authorized by the Watermelon Research and Promotion Act and the Honey Research, Promotion, and Consumer Information Act are permissible 'government speech' and consequently the petitions must be denied. The judge rendered the honey decision on September 7 and the watermelon decision on August 23.

On May 23, the U.S. Supreme Court upheld the Beef Promotion and Research Act of 1985. As a result of this decision and the recent decisions of the administrative law judge, the watermelon and the honey programs will continue without interruption.