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Massachusetts Takes Major Step Against Pork Sale Restrictions

The Massachusetts House, by an overwhelming margin of 156-1, voted to delay a provision of the Question 3 initiative until January 1, 2023 that will prohibit the sale of pork that doesn’t meet the state’s production standards. This move was championed by the National Pork Producers Council (NPPC), which aggressively has been seeking relief for pork producers and the pork supply chain.

The House also transferred jurisdiction for drafting regulations from the state’s Attorney General to the Massachusetts Department of Agriculture. The measure is expected to easily pass the state Senate next week before heading to Massachusetts Governor Charlie Baker for signing. Originally set to take effect January 1, 2022, the voter-approved 2016 ballot initiative — similar to California’s Proposition 12 — bans the sale of pork from hogs born to sows housed in pens that don’t comply with Massachusetts’ new standards. It applies to any uncooked pork sold in the state, whether it’s produced there or outside its borders. Nearly all pork currently produced in the United States fails to meet Massachusetts’ arbitrary standards.

Like California’s 2018 ballot initiative, Question 3’s supporters claimed it would improve animal welfare and food safety. But the measure’s requirements will have no impact on either and may negatively affect both, according to numerous studies on animal housing. NPPC and the American Farm Bureau Federation recently petitioned the U.S. Supreme Court to take their case against California’s Proposition 12. The agricultural organizations are challenging the constitutionality of one state imposing regulations that reach outside its borders, arguing that it stifles interstate and international commerce.

EDITOR’S TAKE:

It is difficult to imagine what would happen to the U.S. pork industry if every state adopted their own rules and specifications to govern production. How confusing and unruly that would be and it would effectively shut down pork sales from outside the state. Maybe that would spur in-state production but, rest assured, the next crisis would be people complaining about the smell and the impact on air and/or water quality, especially in states like California and Massachusetts. Economic principles drive hog production to the most efficient, least cost areas of the country. The situations in California and Massachusetts beg for a national standard that is reasonable and allows the laws of economics to play out with the least amount of government intervention possible.

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