4 – Product Scope

Whereas, Section 1500.5 and 1500.6 defines a broader class of “concrete masonry products” and a subset of those products as “concrete masonry units”, respectively;

Whereas, Section 1500.51 limits assessments to concrete masonry units;

Whereas, some have interpreted the Order to permit possible future expansion of assessments to include other concrete masonry products including hardscape products (concrete pavers, concrete paving slabs, segmental retaining wall units, etc.);

Whereas, some have interpreted this conflicting language to allow for Checkoff assessment investments to support products other than concrete masonry units;

Whereas, the purpose of this Order was to apply only to concrete masonry units;

Now, therefore, be it resolved that the Board defines its interpretation of the scope of this Order to apply only to concrete masonry units and will not solicit authorization from the Secretary to expand the scope of this Order beyond that of concrete masonry units.

Now, therefore, be it further resolved that the Board defines its interpretation of the scope of the Act to permit the development of a checkoff program that includes other concrete masonry products beyond concrete masonry units, but that such a program would require a new, or its own order, that is approved in a separate referendum by those manufacturers that would be assessed under that order.

Now, therefore, be it further resolved that the Board will not entertain proposals for projects that would research, promote, or educate on products other than concrete masonry units.