What happened: Nearly a year after NPPC first negotiated a settlement with Massachusetts over the transshipment provisions in Question 3—and many subsequent follow-up discussions concerning the treatment of ground pork under Question 3—the Massachusetts Department of Agricultural Resources (MDAR) updated its FAQ document to provide much-needed clarity.
The 2016 ballot initiative, similar to California’s Proposition 12, bans the sale of pork from hogs born to sows raised in housing that doesn’t comply with Massachusetts’ prescriptive standards. The vast majority of pork currently produced in the United States does not meet the state’s arbitrary standards.
In its late May update to the Question 3 FAQ, MDAR reversed its prior determination that ground pork was subject to Question 3. Following NPPC’s continued engagement on the issue, including a January NPPC Board of Directors meeting with coalition partners in Boston, MDAR’s revised FAQ now clarifies that, in addition to not covering sausage, Question 3 also does not cover ground or otherwise comminuted pork (pork that has been diced, chopped, or cut into smaller pieces) since it is no longer whole pork meat.
Additionally, MDAR clarified that, pursuant to its settlement agreement with NPPC and its coalition of groups representing New England restaurant and hospitality businesses, Massachusetts will “temporarily” not enforce its regulations that sought to apply Question 3 to pork products that were transshipped through Massachusetts for delivery to other states.
NPPC’s take: The release of this updated FAQ is a significant development that should provide additional direction and certainty to the marketplace regarding the sale of pork in Massachusetts and New England. As NPPC has consistently heard from its partners in the distribution and restaurant industry, MDAR’s original decision to require ground pork to be Q3 compliant caused significant chaos and confusion for restaurants, especially ethnic restaurants, that rely on ground pork in their menus. NPPC has worked hard to convince Massachusetts to reverse its previous position on ground pork and applauds this commonsense solution, which should relieve pressure on supplying ground pork into Massachusetts. As Massachusetts continues to work on its implementation of Question 3, NPPC will continue to engage with our broad coalition of partners to ensure a continued supply of pork to Massachusetts consumers.
