NOV. 3, 2016 • BY BILL RENNIE
With early voting now a reality in Massachusetts, voters across the Commonwealth have already begun to make their decisions behind the ballot curtain. One of the questions they are being asked to decide is Question 3, An Act to Prevent Cruelty to Farm Animals.
Question 3 seeks to ban certain farm animal confinement practices from being employed in Massachusetts, but also to ban the sale of products – eggs, veal or pork – in Massachusetts that may have come from animals in other states that allow those confinement practices. So we’re not just talking about impacting local Massachusetts farm practices, we’re talking about products from farms around the country. A local retailer thus would be prohibited from selling any eggs, veal or pork that “the business owner or operator knows or should know is the product of a covered animal that was confined in a cruel manner.”
Huh? When you really think about that, how are retailers supposed to know for certain that they are in compliance with this requirement? Retailers will be wholly reliant on the word of the producers and manufacturers of these products. This raises significant concerns about exposure to potential liabilities, but also appears to violate the Interstate Commerce Clause. A similar (yet not as far reaching) ballot question passed a few years ago in California, and that law has been tied up in federal court ever since, currently being challenged along those same interstate commerce grounds. With regard to liability, the concerns are heightened for small, independent stores, which lack the legal and compliance staffing of the larger chains.