A federal judge has upheld a state law in Massachusetts banning the sale of pork that comes from the offspring of sows raised in gestation crates.
U.S. District Judge William Young rejected arguments that the law is pre-empted by the Federal Meat Inspection Act. “Though the [state law] requires changes in operations for pig farmers, which the FMIA does not cover, slaughterhouses may continue to operate as they did previously — they are simply only allowed to ship compliant pork meat for sale in Massachusetts.”
The law also changes housing requirements for egg-laying hens and calves raised for veal.
The court granted Massachusetts’ motion for summary judgment, stating, “The objective of the FMIA is to ensure safe pork enters the market. The FMIA, however, does not require that all safe pork available to the market be able to enter the market.”
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The Humane Society of the U.S. hailed the ruling, which follows the Supreme Court’s decision last year to uphold California’s Proposition 12, a law with stricter animal housing standards.
The July 22 decision “is a major victory for democracy and the 78% of Massachusetts voters who said loudly and clearly at the ballot box that they want safer and more humane products on their store shelves,” said Preyel Patel, Massachusetts state director for HSUS.
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