2016 Massachusetts Question 3

An Act to Prevent Cruelty to Farm Animals, more commonly known as Question 3, was the third initiative on the 2016 Massachusetts ballot. The measure requires Massachusetts farmers to give chickens, pigs, and calves enough room to turn around, stand up, lie down, and fully extend their limbs. It also prohibits the sale of eggs or meat from animals raised in conditions that did not meet these standards.

2016 Massachusetts Question 3
November 8, 2016 (2016-11-08)

Conditions for Farm Animals
Results
Choice
Votes  %
Yes 2,530,143 77.64%
No 728,654 22.36%
Valid votes 3,258,797 96.45%
Invalid or blank votes 120,004 3.55%
Total votes 3,378,801 100.00%

Source: Massachusetts Secretary of the Commonwealth

In 2016, eleven other states had enacted laws against some of these forms of confinement, and California had a law prohibiting the sale of any eggs from chickens kept in small cages. The measure was supported by the Humane Society of the United States and its allies, and opposed by regional and national animal agriculture groups. Proponents argued that the initiative represented a modest animal welfare reform that would benefit food safety, while opponents rejected both claims and warned that the regulations would sharply increase the price of animal products, harming low-income Massachusetts residents.

The measure was overwhelmingly approved by voters, with 77.6% of votes in favor, becoming the broadest statute against farm animal confinement in the country. It took full effect on January 1, 2022.

Question 3 has been the subject of two legal challenges. The first, attempting to block it from the ballot for procedural reasons, was ruled against by the Massachusetts Supreme Judicial Court in July 2016. The second was filed with the U.S. Supreme Court by a coalition of agricultural states, claiming Question 3's provisions violated the dormant Commerce Clause; the Court declined to hear the case in January 2019.

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