Massachusetts Question 3 Enforcment Date Set and Stay Extended Regarding Transshipped Product

In August 2022, the Massachusetts Restaurant Association, along with additional plaintiffs, filed an Emergency Motion for Preliminary Injunction of Massachusetts’ Question 3 (Q3) in the United States District Court for District of Massachusetts, which resulted in a stay of enforcement of Q3 until after the Supreme Court of the United States ruled in a case involving California’s Proposition 12. The judge in the Massachusetts case signed a subsequent order extending the previously agreed upon stay until August 23, 2023. The judge has signed another order ending the stay...

Agreement Made with Massachusetts AG in Pork Rule Litigation

Today, the Restaurant Law Center, four state restaurant associations, the National Pork Producers Council, and the Massachusetts Attorney General’s Office asked a federal judge to approve their settlement agreement in a federal lawsuit challenging the constitutionality of the Massachusetts Pork Rules. The agreement would end a lawsuit filed(Opens in a new window) by the Massachusetts Restaurant Association, HospitalityMaine, New Hampshire Lodging & Restaurant Association, Rhode Island Hospitality Association, the Restaurant Law Center, and the National Pork Producers Council that challenged enforcement guidelines and the underlying 2016 law defining the conditions under...

New Jersey Governor Murphy Signs Legislation Banning Gestation Crates

On Wednesday, New Jersey Governor Phil Murphy signed legislation (A-1970/S-1298) requiring the State Board of Agriculture and the Department of Agriculture to "adopt rules and regulations concerning the confinement, care, and treatment of breeding pigs and calves raised for veal", according to a press release. 

The bill "prohibits confinement in an enclosure that impacts a breeding pig and calf’s ability to freely move in certain ways and properly groom itself and that limits visual contact with other calves." Specifically, the law requires a minimum of 24 square feet ...

U.S. Interstate Pork Commerce Faces Uncertain Future As States Implement New Restrictive Laws

On May 11, the Supreme Court of the United States (SCOTUS) upheld a lower court’s ruling to preserve California Proposition 12 (Prop 12), which prohibits the sale of pork not produced according to the state’s production standards. This means restaurants in California will now have to source pork that meets these standards.

California requires that all pork sold in the state must come from farms that house sows with at least 24 square feet each and ensure their ability to stand up and turn around in their... 

Massachusetts Question 3 Stay Extended to August 23

Massachusetts

In August 2022, the Massachusetts Restaurant Association, along with additional plaintiffs, filed an Emergency Motion for Preliminary Injunction of Massachusetts’ Question 3 (Q3) in the United States District Court for District of Massachusetts, which resulted in a stay of enforcement of Q3 until after the Supreme Court of the United States ruled in a case involving California’s Proposition 12. The judge in the Massachusetts case signed a subsequent order extending the previously agreed upon stay until August 23, 2023. Massachusetts has agreed to not enforce Question 3 as it relates to...

New Jersey Bill Banning Gestation Crates Passes State Senate

New Jersey bill A1970 Acs (ACS), sponsored by Senator Vin Gopal (D-11) and Assemblyman Raj Mukherj (D-33), passed the state Senate this week. It now heads to New Jersey Governor Murphy for his signature, who has 45 days from June 20, 2023 to act. 

Similar to California's Proposition 12, the bill sets animal-welfare standards for meat sold within the state. Specifically, it establishes criminal offenses and civil penalties concerning the inhumane confinement of breeding pigs and calves raised for veal. It requires 24 square feet of usable floor space per breeding pig and 43 square feet of usable floor space per calf. The animals must be able to fully extend their limbs and turn around freely....

Hormel Foods Company Information About California Proposition 12

Hormel Foods has assessed Proposition 12 and Question 3, and while we are still awaiting final clarity on specific details and rules, the company is preparing to fully comply when these laws go into effect. The company’s Applegate portfolio of products already complies with Proposition 12 and Massachusetts Question 3.

Hormel Foods has confirmed that it faces no risk of material losses from compliance with Proposition 12 and Question 3. While these measures will add complexity to our supply chain, including costs associated with compliance, California and Massachusetts are important markets for...

What's Next for Massachusetts Question 3 Following Prop 12 Ruling?

The future of a Massachusetts state law called Question 3 (Q3), a 2016 ballot initiative originally set to go into effect last summer, remains in the balance now that Proposition 12 has been upheld. 

Last week, the U.S. Supreme Court backed California's Proposition 12 in a 5-4 decision. Proposition 12 requires veal calves, breeding pigs, and egg-laying hens to be housed in systems that comply with specific housing standards.

Question 3 is similar to California’s Proposition 12 and would ban any uncooked whole pork sold in the state that...