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Chick-News.com Poultry Industry News, Comments and more by Simon M. Shane

Ruling on Massachusetts Question Three

02/27/2024

Judge Willian Young of the U.S. District Court for the District of Massachusetts determined that exemptions to the Prevent Cruelty to Farm Animals Act (Question 3) were unconstitutional.

 

The case arose from a lawsuit filed by Triumph Foods and other packers challenging the constitutionality of the Massachusetts law enacted by ballot.

 

Judge Young ruled that the exemption to the state law was in violation of the dormant Commerce Clause.  His ruling is at variance with the May SCOTUS decision upholding California Proposition 12 that ignored the concept of interference in interstate commerce.  Currently, the three existing packers in Massachusetts enjoy an advantage with respect to housing of sows over out-of-state pork processers.


 
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