BOSTON — On July 22, a judge with the US District Court of Massachusetts rejected Triumph Foods’ case against the Act to Prevent Cruelty to Farm Animals, more commonly known as Question 3 (Q3).
Triumph Foods along with several pork producers from outside of Massachusetts filed a lawsuit last summer against the Massachusetts Attorney General Andrea Joy Campbell and Massachusetts Commissioner of Agriculture Ashley Randle in their official capacities, seeking to stop enforcement of Q3.
Q3 was voted into law in Massachusetts in 2016, making it unlawful to sell pork sourced from an establishment that does not meet the state’s confinement standards.
In their complaint, the pork producers questioned the law’s constitutionality. They said Q3 is preempted by the Federal Meat Inspection Act and functions as a command to processors, requiring them to structure their establishments in a specific way.
Judge William G. Young ruled that the Q3 did not violate the act, as the state law “has no provision requiring any action by a slaughterhouse other than its sales ban.”
“Today’s ruling is a win that upholds an Act to Prevent Cruelty to Farm Animals, a law Massachusetts voters overwhelmingly passed via ballot initiative in 2016,” Campbell said. “I want to extend deep gratitude to my team for shepherding this law through its legal challenges and ultimately achieving a result that affirms the will of the voters, protects animal welfare, and endorses the Commonwealth's ability to regulate its own commerce.”
The judge’s ruling did not deter Triumph Foods in its fight against Q3. The processor holds out hope that a federal appeals court will overturn the decision.
“Triumph’s claims have not yet been presented before any federal appeals court, and we intend to build on the success of the dormant commerce clause challenge win and appeal the most recent order,” said Matt England, president and chief executive officer of Triumph Foods. “The industry’s pursuit for relief from these unconstitutional state laws is not over.”
Earlier this week, the National Pork Producers Council celebrated a win from its previous settlement agreement involving Q3. In an update from the Massachusetts Department of Agricultural Resources, ground pork was declared outside of the scope of Q3.