A federal court judge upheld Massachusetts Question 3, which, like California Proposition 12, bans the sale of pork from hogs born to sows raised in housing that doesn’t comply with the state’s prescriptive standards.
Missouri-based meatpacker Triumph Foods sought to block enforcement of the initiative, arguing that the Federal Meat Inspection Act preempted Question 3. However, Judge William Young of the U.S. District Court for the District of Massachusetts ruled the law only bans the sale of non-compliant pork and does not regulate how meatpackers operate. This follows a ruling earlier this year, in which Judge Young agreed with Triumph and struck down an exemption within Question 3 for sales that took place at federally inspected processors within the state. Judge Young found that provision to unconstitutionally discriminate against out of state processors.
Separately, at the urging of the National Pork Producers Council (NPPC), the Massachusetts Department of Agricultural Resources (MDAR) recently clarified that ground and comminuted – diced, chopped, or cut into very small pieces – pork is not covered by Question 3 and that the state “temporarily” will not enforce Question 3 regulations banning transshipment of non-compliant pork through Massachusetts for delivery to other states. That decision by MDAR came under a settlement agreement with NPPC and a coalition of groups representing New England restaurant and hospitality businesses.
July 26, 2024/ National Pork Producers Council/ United States.
https://nppc.org