DES MOINES, IOWA — A coalition of 13 states, spearheaded by Iowa Attorney General Brenna Bird, is fighting Massachusetts’ Question 3 (Q3). On Oct. 10, the 13 attorneys general filed an amicus brief, arguing against the constitutionality of the law.

“Massachusetts’s radical pork ban hogties Iowa pork producers,” Bird said in a press release from her office. “With these strict new mandates in effect, Iowa farmers will face extreme costs and regulations to compete in the industry, forcing many family hog farms to close shop. Massachusetts doesn’t get to dictate how Iowans farm. We are fighting to support our pork producers and protect Iowa family farms.”

Voted on in 2016 and effective as of Aug. 23, 2023, Q3 bans the sale of pork that is sourced from an establishment that does not meet Massachusetts’ animal confinement standards.

In their brief, the coalition argued that the law creates a “risk of inconsistent regulation by different states” that could upend markets across the nation based on their political agendas. The coalition believes Massachusetts’ law will cost pork producers across the country hundreds of millions of dollars, drive them out of business and dramatically raise pork prices.

“Massachusetts itself has few hog farmers or pork producers — most live elsewhere,” the document said. “That means, in effect, that the state is trying to regulate a market in which it lacks expertise and economic stake.”

Bird pointed out that the pork industry contributed $40.8 billion in output and over 147,000 jobs to Iowa’s economy in 2020.

The brief also argued that Q3 violates the Dormant Commerce Clause, which gives the federal government — not state governments — power to regulate interstate commerce; the Import-Export Clause, which arguably prohibits states from imposing import regulations on products brought from other states; and the Full Faith and Credit Clause, which requires states to respect the laws passed in other states.

In August, a settlement was reached between the Restaurant Law Center, four state associations, the National Pork Producers Council and the Massachusetts Attorney General’s Office. The agreement included the provision for pork to move through the state of Massachusetts so long as it would ultimately be sold outside the state.