Judge William G. Young of the U.S. District Court of Massachusetts ruled against Triumph Foods relating to Massachusetts Question #3 the Act to Prevent Cruelty to Farm Animals passed by ballot initiative in 2016. Judge Young ruled that “the contention by Triumph that the Federal Meat Inspection Act preempted Question #3 was invalid since the state law had no provision requiring action by a processing plant.”
Triumph Foods intends to appeal the decision and will invoke the Dormant Commerce Clause relating to interstate commerce previously ruled invalid by SCOTUS with respect to California Proposition #12.
Pork producers did however gain some benefit from litigation since in terms of a settlement agreement with the Massachusetts Department of Agriculture ground pork will be excluded from the provisions Question #3.
It is high time that the pork-industry litigants and holdouts accept reality and make the necessary investment in group-housing of sows. Irrespective of state laws or ballots, public sentiment and customers are opposed to gestation crates.