USDA officer orders payment of $136,000 from rancher who withheld per-head assessment

? A cattleman who has been fighting for years to have beef checkoff fees declared unconstitutional has been ordered to pay more than $136,000 in the fees and penalties.

Jerry Goetz had contested the $1-per-head assessment applied to the sale of cattle under the checkoff program. A stay had been placed on Goetz’s fees when he asked for further review of his claim that he should not pay the assessment.

But U.S. Department of Agriculture judicial officer William Jenson recently lifted the stay that had been in place since June 25, 1998. That means Goetz will have to pay more than $136,700 in fees and penalties.

Jenson gave Goetz until April 1 to pay fees amounting to $66,913 to the Kansas Beef Council and a civil penalty of $69,804 to the USDA.

Goetz has been unsuccessful in obtaining victory in federal courts, including a request to have the U.S. Supreme Court hear the case.

If Goetz continues to refuse to pay the fees, the case will be turned over to the U.S. Attorney’s Office.

The beef checkoff revenues are used for promotion, education and research to improve the marketing for beef.