Massachusetts
Question 3
Question 3, also known as “An Act to Prevent Cruelty to Farm Animals” passed in Massachusetts in 2016 with 78 percent of the vote. The law bans the confinement of egg-laying hens, veal calves, and breeding pigs. Animals must be able to lie down, stand up, fully extend their limbs, and turn around freely. Egg laying hens must be given at least 1.5 ft of usable floor space. These rules effectively ban the use of battery cages, veal crates, and gestation crates in the state. Question 3 also bans the sale in Massachusetts of veal, pork, and shell eggs from animals confined in such a way (or in the case of pork, from the offspring of sows who were confined), regardless of what state the product is produced in. You can read the entire law here.
S 2481 also known as an “Act upgrading hen welfare and establishing uniform cage-free standards” was proposed and approved by the Massachusetts Senate in June of 2021 in order to align the state’s animal welfare standards with those of other states. The Massachusetts House passed H 4194, an amended version of the bill on October 6, 2021. A Committee of Senate and House members resolved the differences in the two versions of the bill to create S 2603, “An Act further regulating hen welfare and establishing uniform cage-free standards.”, which was signed by the Governor on December 22, 2021. This bill specifically requires cage-free housing with enrichments for egg-laying hens, aligning the state’s egg standards with those of other states. It also expands the cage-free standards to egg products. The veal and egg provisions went into effect on January 1, 2022. The requirements for pork went into effect in 2023.
For more information about the legal challenges to MA Question 3, read more here.
What Products Are Affected?
Raw Pork Products
Under the new law, breeding pigs used in the production of any uncooked cut of pork (including bacon, ham, chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin or cutlet) must have space to stand up, lie down, turn around, and extend their limbs. In practical terms, this means producers can't use gestation crates, including during what is referred to as "early stage pregnancy."
Shell Eggs and Egg Products
Starting January 1, 2022, shell eggs and egg products must come from hens in cage-free housing systems that meet requirements for enrichments and space. These housing systems must provide enrichments, including scratch areas, perches, nest boxes, and dust bathing areas. Layers must have at least 1 square foot of usable floor space each in tiered aviaries or 1.5 square feet of usable floor space each in single-level systems.
Veal Products
Starting January 1, 2022, all whole uncooked veal (including chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin or cutlet) must come from calves with enough space to meet the requirements defined by the law.
How Can Your Business Follow The Law?
Businesses that operate in Massachusetts and sell eggs, whole pork, and veal should receive a certification from their suppliers indicating that their products comply with Massachusetts law. You may obtain a sample certification form from the state of Massachusetts here.
Your suppliers need to hear from you.
Pork, egg, and veal producers are prepared to offer products that meet Massachusetts animal welfare requirements, so your business won’t face a pork shortage or egg shortage. But it's critical that food companies work in partnership with their suppliers to ensure compliant products.
Contact your supplier and clearly indicate that:
Your business is impacted by Massachusetts’ farm animal welfare law
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 Massachusetts.
What are the consequences of not following the law?
According to the law, each sale of a product that doesn’t meet the requirements can result in a fine of up to $1,000. The Attorney General may also seek injunctive relief to prevent further violations of this Act.