DES MOINES, IOWA — Iowa Attorney General Brenna Bird led 21 other states to support an appeal against a district court ruling that upheld Massachusetts’ Question 3 (Q3) law.
Similar to California’s Proposition 12 — which was appealed to the Supreme Court and upheld on a 5-4 vote — Q3 sets specific hog housing requirements for pork to be sold in the state. Taking Prop 12 a step further, Q3 also prohibits the transportation of pork that does not meet its requirements through Massachusetts.
“Iowa is the leading pork-producing state in the nation and is home to countless farms that Iowans have passed down through families for generations,” Bird said. “With this ban, Iowa farmers are left with two drastic options: pay the extreme costs to comply with red tape that could drive them out of business or be banned from selling their pork. Either option is a loss for Iowa’s hardworking family farmers and pork producers, but I won’t let that happen. Massachusetts does not get to tell Iowans how to raise their pork.”
The amicus brief led by Bird on Sept. 27 was also signed by attorneys general from Alabama, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia and Wyoming.
The states argued that Q3 violates the Constitution, specifically the Dormant Commerce Clause, the Import-Export Clause, and the Full Faith and Credit Clause.
In the amicus brief, they noted that Q3 will affect pork producers outside of Massachusetts’ borders. Farmers will face “enormous compliance costs,” the document said, adding that consumers will likewise see an uptick in pork prices due to the law.
Additionally, the attorneys general believe the pork ban sets a dangerous precedent, allowing states to upend markets nationwide and push their political agendas.