BOSTON — Pork producers asked a Massachusetts federal court to move forward with a partial summary judgment in its challenge to Massachusetts’ Question 3 (Q3) and its constitutionality.

On Oct. 28, the plaintiffs in the case, Triumph Foods LLC, Christensen Farms Midwest LLC, The Hanor Co. of Wisconsin LLC, New Fashion Pork LLP, Eichelberger Farms Inc. and Allied Producers’ Cooperative, a group of smaller Midwest farmers filed its motion regarding the state law.

Voted on in 2016 and effective as of Aug. 23, 2023, Question 3 bans the sale of uncooked whole pork meat that does not meet the state’s sow housing requirements.

In July, Triumph Foods filed a lawsuit challenging the law.

“Discriminatory trade restrictions like Q3 and Prop 12 affect the ability to build resilient, reliable food supply chains across the United States,” said Matt England, president and chief executive officer of Triumph Foods in July. “They also hurt many small businesses, employees, consumers and government-funded agencies. Free and fair interstate commerce is vital for the economic prosperity of our country.”

The US Supreme Court ruled against the National Pork Producers Council (NPPC) and the American Farm Bureau Federation in May in its challenge of California’s Proposition 12 animal confinement law, which is similar to Question 3 in Massachusetts.

In August, a settlement was reached between the Restaurant Law Center, four state associations, the National Pork Producers Council and the Massachusetts Attorney General’s Office. The agreement included the provision for pork to move through Massachusetts so long as it was sold outside the state.

Then, in October, a group of 13 attorneys general from around the country filed an amicus brief in the case arguing against Q3. 

The coalition argued in their brief that the law creates a “risk of inconsistent regulation by different states” that could upend national markets based on their political agendas. The coalition believes Massachusetts’ law will cost pork producers across the country hundreds of millions of dollars, drive them out of business and dramatically raise pork prices.

The state of California delayed compliance with Prop 12 until Dec. 31.