The United States Court of Appeals for the First Circuit published a lengthy opinion on Oct. 3 that upholds Massachusetts farm animal protection law, commonly known as Question 3.
And at the National Press Club today, more than 200 farmers from 30 states are gathering to show there is broad agricultural support for California’s Proposition 12 and Massachusetts’s Question 3 and oppose congressional efforts to overturn the laws.
The Court of Appeals ruling known as Triump Foods v. Campbell leaves the majority of pork producers without a win in the many court cases involving Prop 12 and Q3.
Hopes of rolling back the two state laws may now rest upon the “Save Our Bacon Act” and the “Food Security and Farm Protection Act” (formerly the Ending Agricultural Trade Suppression [EATS] Act), proposed federal legislation.
The 47-page Appeals Court decision knocks down arguments that Q3 is unconstitutional.
“The Massachusetts Act does not ban farming practices in the states Plaintiffs have cited as having Right to Farm laws. Rather, the Massachusetts Act bans the sale of products in Massachusetts resulting from certain practices,” the appellate ruling says. “Because these out-of-state farmers are free to continue with their current farming practices, it is our view that the Massachusetts Act does not constitute a ‘policy of hostility’ to their ‘Right to Farm’ laws. We thus find that the Massachusetts Act does not violate the Full Faith and Credit Clause.”
Rebecca Cary, Managing Attorney at Humane World for Animals, said: “This circuit court opinion slams the door on this latest attempt from Big Pork’s bid to roll back this popular animal welfare law that addresses some of the cruelest forms of farm animal confinement. It’s high time they heed the message that cruel products have no place in Massachusetts.”
Question 3, adopted by 78 percent of Massachusetts voters in 2016, prevents breeding pigs, egg-laying hens, and calves raised for veal from being kept in cages that are so small they are unable to turn around or extend their limbs, and prohibits the in-state sale of products from these animals confined in such cruel conditions.
The First Circuit also ruled that Question 3 does not preempt the Federal Meat Inspection Act (FMIA).
Earlier this year, the U.S Supreme Court refused to hear the Iowa Pork Producers Association’s (IPPA) Prop 12 challenge.
Before requesting reviews by the Supreme Court, IPPA’s case was heard by the U.S. Court of Appeals for the 9th Circuit. The lower court ruled in favor of Prop 12 in June 2024. Following that case, IPPA filed its petition with the Supreme Court, which was denied on June 30.
In May 2023, the court ruled against the National Pork Producers Council (NPPC) and others who promoted challenging Prop 12.
The Proposition 12 ballot initiative was initially approved by California voters in 2018 and prohibits the sale of eggs, raw pork, or veal sourced from animals housed in ways that do not meet California’s minimum standards. The initiative was fully implemented in 2024.
Producers of veal calves are required under Prop 12 to house animals with at least 43 square feet of usable floor space per calf. Producers of sows need a minimum of 24 square feet of usable space per animal, with laying hens to be cage-free.
“My farm is Prop-12-certified, and it’s never operated better. Prop 12’s standards made our farm more resilient,” said Brent Hershey, president of Hershey Ag. “Healthier animals mean fewer losses and better productivity, and Prop 12 provides a market that actually rewards the hard work we put in.”
The House Committee on Agriculture held a full hearing on July 23 regarding the implications of California’s Prop 12 and the economic impact it’s currently having on U.S. farmers.
“Voters made their voices heard, and we agree with them that animals deserve space to move,” said Russ Kremer, a Missouri hog farmer and Head of Farm Partnerships for True Story Foods. “Prop 12 allows small farms like ours to survive during a time when agriculture is heavily consolidated and independent farmers are being pushed out. If Congress rolls back Prop 12, that’s a move against family farmers.”
“The farmers who invested in meeting Prop 12 standards took a risk to do the right thing, and we’re proud to partner with them,” said Mike Salguero, founder and chief executive officer of ButcherBox. “Consumer interest in animal welfare continues to accelerate with no signs of slowing down, and undermining Prop 12 punishes the producers who stepped up and the consumers who voted in favor of farming practices they believe in.”
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