AG Formella joins coalition fighting Bay State's strict hog-housing law

NH AG John M. Formella (Courtesy)

CONCORD - The state's Attorney Generals Office announced it has joining a 13-state coalition fighting for pork producers who are being targeted by a new Massachusetts law that bans states from selling or shipping pork through Massachusetts if they do not meet strict hog-housing requirements.

"I am proud to stand with New Hampshire farmers and livestock producers as we fight against this radical and unfair overreach. Massachusetts has no right to impose their policies on our farmers and businesses," said Attorney General John M. Formella. "These strict new mandates interfere with commerce among the states and impose extreme costs and regulations on farmers, ultimately impacting our restaurants and other businesses and the price of pork for all Americans."

Massachusetts's pork ban, Question 3, goes even further than California's similar Proposition 12 by prohibiting the shipment of "non-compliant" pork through the state. This means that even if New Hampshire-produced pork meets all New Hampshire and federal safety and quality standards, it cannot be sold in, or even transported through, Massachusetts if it does not also comply with Massachusetts's hog-housing requirements.

The new ban will cost pork producers across the country hundreds of millions of dollars, drive many pork producers out of business, and dramatically raise pork prices, according to a statement issued by Formella today. He said this new ban also sets a dangerous precedent that would allow states to upend markets across the nation based on their political agendas.

The Massachusetts pork ban violates the Constitution. Violations include the Commerce Clause, which gives the federal government, not state governments, the power to regulate interstate commerce. It violates the Import-Export Clause, which prohibits states from imposing import taxes on products brought in from other states. Additionally, the ban violates the- Full Faith and Credit Clause, which requires states to respect the laws passed in other states.