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Massachusetts Bill Proposes Only Cage-Free Eggs Sold in State

Bill will have largest impact on out-of-state egg producers

A ballot measure in Massachusetts, backed by the Humane Society of the United States and other animal welfare groups, proposes that Massachusetts farms and businesses produce and sell only eggs from cage-free hens. Under the ballot item, each hen would have to have access to at least 1.5 square feet of usable floor space.

The initiative would also prohibit the production or selling of pork from pigs raised in small crates and veal from calves raised in tight enclosures. If approved, the ban would be in effect by 2022.

There is currently only one Massachusetts farm using battery cages for egg-laying chickens, and no farms in the state using small cages for pigs and calves - meaning if the question was to make the ballot and voters say yes to it in November, egg producers outside the state would be hit the hardest.

The initiative collected 133,000 signatures that were submitted to the secretary of state’s office and certified in December. In May, the proposal was put before legislature, which chose not to enact the initiative.

The lawsuit

A lawsuit was filed at the end of April by Diane Sullivan, a poverty advocate and formerly homeless mother of five, and James Dunn, a farmer who sells eggs in Massachusetts, according to The Boston Globe. Both were recruited by Protect the Harvest Action Fund, a nonprofit group that advocates for affordable food and farmers’ rights. The group paid for the case’s lawyers.

The plaintiffs dispute Attorney General Maura Healey’s approval of the measure’s language, saying the question defies a constitutional requirement that ballot initiatives can only contain subjects that are related, the Globe reported.

The Massachusetts Supreme Court declared the proposal constitutional in July, meaning the issue will now be put before voters on Nov. 8. A “yes” vote on the bill supports the proposal to prohibit the sale of eggs, veal, or pork of a farm animal confined in spaces that prevent the animal from lying down, standing up, extending its limbs, or turning around. A "no" vote opposes the proposal. More information on the issue can be found on Ballotpedia.

Protect the Harvest Action Fund says…

If the ballot measure were to pass in November, the rise in prices at the grocery store would further exclude groups of people from access to affordable, healthy foods, according to plaintiff Diane Sullivan.

The ban on eggs from states that don’t meet these cage-free conditions is what’s expected to drive up food prices - but exactly how much is under much contention. Prices could jump anywhere from 12 cents more per dozen on the low end to 80 cents or more per dozen on high end, according to a Globe report.

The group also says the switch from conventional cages to a cage-free system may not be the more humane option for the birds. The group says a Coalition for Sustainable Egg Supply study found higher bird mortality and injury rates in cage-free systems due to cannibalism and disease.

This article was adapted and updated from the original article on Boston.com from June 7, 2016.

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