OKLAHOMA CITY (Oct. 25, 2023) — To protect Oklahoma’s pork producers from needless and excessive regulation, Attorney General Gentner Drummond is opposing a new Massachusetts law that bans states from selling or shipping pork through Massachusetts if they do not meet strict hog-housing requirements.
Massachusetts’s pork ban means that even if Oklahoma-produced pork meets all Oklahoma and federal safety and quality standards, it cannot be sold in — or even transported through — the Bay State if it fails to comply with Massachusetts’s hog-housing requirements.
“This ban will significantly hurt pork producers in Oklahoma and across the nation,” Drummond said. “Oklahoma’s robust and responsible pork producers deserve a level playing field. It is imperative that Massachusetts consider the long-term, negative effects this unconstitutional measure will cause producers and consumers.”
In an amicus brief filed Oct. 10, Drummond and 12 other state attorneys general said Massachusetts’ ban will cost the industry hundreds of millions of dollars, drive many producers out of business, and dramatically raise pork prices. This new ban also sets a dangerous precedent that would allow states to upend markets across the country based on their political agendas.
The 13-state coalition contends the Massachusetts pork ban is unconstitutional. Violations include the Commerce Clause, which gives the federal government, not state governments, the power to regulate interstate commerce. The ban also violates the Import-Export Clause prohibiting states from imposing import taxes on products brought in from other states.
Additionally, the ban violates the Full Faith and Credit Clause that requires states to respect laws passed in other states.
In addition to Oklahoma, the Iowa-led amicus brief was joined by Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Utah and Wyoming.
Read the full brief at https://www.oag.ok.gov/sites/g/files/gmc766/f/documents/2023/file-stampe...