An agreement has been reached between the National Pork Producers Council (NPPC), Massachusetts Restaurant Association, HospitalityMaine, New Hampshire Lodging & Restaurant Association, Rhode Island Hospitality Association and the Restaurant Law Center with the Massachusetts Attorney General’s Office and the Massachusetts Department of Agricultural Resources on two technical clarifications surrounding Question 3’s rules.
On Aug. 4, all parties agreed that the Pork Rules of Question 3 will not apply to whole pork meat that is already in the supply chain as of Aug. 23, 2023. They also agreed that regulations will be issued clarifying that the Pork Rules will not apply to sales of whole pork meat in Massachusetts when the meat is both farmed and sold to a consumer out-of-state, also known as transshipment through Massachusetts.
The plaintiffs and defendants have asked a federal judge to approve the settlement agreement. The agreement would end the lawsuit filed by these organizations that challenged enforcement guidelines and the underlying 2016 law defining the conditions under which eggs, veal and pork sold in the Commonwealth must be farmed.
The History of Question 3
Following approval of Q3, a 2016 ballot initiative in Massachusetts that bans the sale of pork from hogs born to sows housed in pens that don’t comply with Massachusetts’ standards, Gov. Charlie Baker signed a compromise measure into law delaying implementation until Aug. 15, 2022.
On Aug. 11, 2022, the court approved an agreement to delay enforcement of Question 3 until at least 30 days after the U.S. Supreme Court issued a ruling on Proposition 12.
Question 3 “prohibits any farm owner or operator from knowingly confining any breeding pig, calf raised for veal, or egg-laying hen in a way that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely.” Exceptions to this rule include temporary holding cells for transportation, fairs, medical research, veterinary exams and other purposes.
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Massachusetts Question 3: What’s Next for Pork Producers
