Congress is pushing the USDA to exempt groups such as Potatoes USA from the Freedom of Information Act

Congress is pushing the Agriculture Department to exempt the groups behind promotional campaigns like “Incredible, Edible Egg” and “Pork, the Other White Meat” from public scrutiny of their internal operations despite recent controversy.

The push comes after organizations representing eggs, pork, potatoes and even Christmas trees pressed for an exception from the federal Freedom of Information Act (FOIA) for programs that promote agricultural products. A provision supporting their push was part of spending legislation approved by a House panel last month.

The familiar campaigns are overseen by USDA but paid for by the industries that vote to organize them. In a non-binding report accompanying the agriculture spending bill, the House Appropriations Committee urged USDA to recognize that the campaigns are “not agencies of the federal government” and therefore should not be subject to information requests required by federal FOIA laws.

The move comes after some so-called “checkoff” programs have been dogged by controversy. Last year, The Associated Press reported that the American Egg Board tried to stop the sale of an eggless mayonnaise alternative at Whole Foods, based on documents obtained through a public records request. The head of the egg board subsequently stepped down and the USDA launched an investigation into the board’s activities, saying it does not condone “efforts to limit competing products in commerce.”

On April 11, a group of 14 trade associations sent a letter to Rep. Robert Aderholt, R-Ala., chairman of the House Appropriations agriculture subcommittee, and Rep. Sam Farr, D-Calif., the subcommittee’s top Democrat, asking them to urge USDA to recognize that the promotional programs are not subject to public records requests.

The rationale was that the programs are funded by producers, according to a copy of a letter obtained by the AP.

The House Appropriations Committee approved the legislation on April 19, including the report language urging USDA to recognize the programs are not subject to FOIA. Congress often uses such non-binding directions to put a department on notice that lawmakers will push back if officials ignore them.

A spokeswoman for Rep. Hal Rogers, R-Ky., chairman of the House Appropriations Committee, said May 2 that the panel has no comment.

The industry associations that signed a letter seeking FOIA exemption include the American Mushroom Institute, the National Potato Council, the National Christmas Tree Association, the National Watermelon Association and the United Egg Producers.

The letter was not signed by the checkoff programs themselves, such as the American Egg Board and the U.S. Potato Board, which are not supposed to engage in lobbying.