Lawmakers tweak voter-approved chicken cage law | News | newburyportnews.com - The Daily News of Newburyport
BOSTON — Lawmakers have approved changes to the 2016 voter-approved law requiring larger enclosures for egg-laying chickens in a move aimed at averting egg shortages and a spike in prices when the law goes into effect next month.
The referendum, which banned shelled eggs, veal and other meat produced by cage-confined farm animals, was approved by more than 77% of voters.
But egg producers and food industry officials say the limits set by the new law – which require at least 1.5 square feet per bird for large “aviary systems” – are stricter than what other states require and would lead to egg shortages and higher retail prices.
Lawmakers approved changes to the law reducing the size of the enclosures to 1 foot per bird, but differences between House and Senate versions of the bill had to be worked by a committee, which delayed approval of the changes.
On Monday, lawmakers approved a compromise bill hammered out by the panel with a procedural vote before sending it to Gov. Charlie Baker’s desk.
“They’ve averted a very chaotic situation,” said William Bell, general manager of the New England Brown Egg Council, which supports the changes. “We had become an outlier and that would have meant higher costs and shortages.”
He said many suppliers placed orders for bulk egg deliveries anticipating that lawmakers would update the law before it went into effect. He said there should be an ample supply of “legal” eggs in Massachusetts if Baker signs the law.
“The eggs have been produced but they couldn’t go into the stores until we knew that they were going to be legal,” Bell said.
Senate Minority Leader Bruce Tarr, R-Gloucester, one of six lawmakers who negotiated the final bill, said the compromise measure will “preserve animal welfare while also meeting the needs of the consumers.”
“I would have preferred not to be sending it to the governor’s desk at the eleventh hour, but it’s taken a lot of work to get it there,” he said. “It was important to get the details right, and I think we have been able to accomplish that.”
The latest version of the bill will delay a ban on the sale of pork products from “cruelly confined” pigs by seven and a half months. The pork industry pushed for a yearlong delay but lawmakers who negotiated the final version of the bill agreed to a shorter delay.
Sen. Jason Lewis, D-Winchester, who was also on the panel that negotiated the final bill, said Monday that he “reluctantly” agreed to the delay but warned the pork industry that it will not be receiving any more extensions from complying.
“They must come into compliance with Massachusetts law, overwhelmingly approved by our voters back in 2016, if they wish to continue selling their products to our consumers,” he said in remarks from the Senate floor.
Most animal welfare groups are onboard with the update, which includes enhancements to improve the welfare of egg-laying hens used to supply retail markets.
The 1.5-square-foot dimensions would still be required for egg-producing farms that only use cages. But the limit would be reduced for cage-free aviary systems, which allow birds to move around.
A poll conducted by the Humane Society earlier this year found at least 68% of Massachusetts voters surveyed supported changes in the law.
Massachusetts isn’t home to many large-scale egg and pork-producing farms, but the animal welfare law applies to egg, pork and veal products sent to the state.
Attorney General Maura Healey’s office has released draft regulations for the law, which largely keep the voter-approved plan intact.
But those regulations would need to be updated before the law goes into effect to reflect changes in the size of the enclosures and other adjustments.
Some groups, such as the Massachusetts Farm Bureau Federation, have pushed the state to implement “Question 3” as approved. They point out that some egg-producing farms have already made costly modifications to comply with the law.
A California-based animal welfare group filed a lawsuits against the state last year to force implementation of the 2016 law as approved by voters, saying the changes will mean “cruel” conditions for birds that supply the state’s eggs.
The Humane Farming Association has also suggested that claims by the industry about looming egg shortages and higher prices from not updating the 2016 law were exaggerated.
Bradley Miller, the HFA’s national director, criticized the compromise legislation rolled out by lawmakers on Sunday as a “rotten egg bill” that defies the will of Massachusetts voters. He said it sets back hard fought animal cruelty protections.
“This is a devastating setback to farm animal protection and a major betrayal to Massachusetts voters who approved the law,” he said. “It’s an outright repeal and replacement of Question 3’s central and most important anti-cruelty provision, that would have provided at least 1.5 square feet of floor space per hen.”
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at [email protected].
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