Status of Massachusetts Question 3
UPDATE as of July 2024
Massachusetts Question 3, also known as the Massachusetts Minimum Size Requirements for Farm Animal Containment, was a ballot initiative that was passed by Massachusetts voters in 2016, garnering 77% of the vote. The law prohibits the use of cages by establishing minimum size requirements for egg-laying hens, pigs, and calves. Furthermore, Question 3 prohibits out-of-state producers from selling eggs, pork, and veal within MA if they were raised inconsistent with Question 3’s requirements and regulations.
In 2021, MA’s Question 3 was amended by the MA legislature to update definitions regarding egg-laying hens and adjust the effective date for compliance for all producers - including the pork producers.
On July 31, 2023, a lawsuit was filed in federal court by Triumph Foods, LLC, along with a group of pork producers, against the Massachusetts Attorney General and Commissioner of Agriculture. Both the original Question 3 ballot initiative and the amendment were challenged in Triumph Foods’ lawsuit.
In July 2024, Judge William Young of the U.S. District Court in Massachusetts ruled in favor of the state, ultimately dismissing the remaining challenge to Question 3. Similar to the 2023 U.S. Supreme Court’s upholding of California’s Prop 12 in National Pork Producers Council v. Ross, this ruling reinforces states’ rights to pass laws that ban the sale of products its residents deem as inhumane.
How Can Your Business Follow The Law?
Businesses that operate in California and sell eggs, whole pork, and/or veal should receive a certification from their suppliers indicating that the products they are providing comply with California law.
Your suppliers need to hear from you.
Pork, egg, and veal producers are prepared to offer products that meet California animal welfare requirements. But it's critical that food companies work in partnership with their suppliers to ensure that their products meet California’s requirements. Food companies are contacting their pork, veal, and egg suppliers to ensure they are compliant with the newly implemented laws.
Contact your supplier and clearly indicate that:
Your business is impacted by Prop 12
You need certification indicating that your product supply is compliant
Use the downloadable form below to ensure that your suppliers will meet the minimum legal requirements for California.
What are the consequences of not following the law?
Each sale of a product that doesn’t meet the legal requirements can result in a $1,000 fine, imprisonment in the county jail for up to 180 days, or both.
In addition, businesses selling illegal products will be in violation of California’s unfair competition laws and may be subject to additional fines for each illegal sale and injunctive relief to prevent further violations of the law.