Federal judge blocks California’s ban on foie gras
LOS ANGELES (AP) — Foie gras can go back on the menu in California after a federal judge on Wednesday overturned the state’s ban on the sale of the fatty duck and goose liver.
U.S. District Judge Stephen V. Wilson permanently blocked the state attorney general from enforcing the law that took effect in 2012, finding that the federal government’s authority to regulate foie gras and other poultry products supersedes the state law.
The ruling rankled animal-rights groups, who say the practice of fattening the birds is cruel. They urged Attorney General Kamala Harris to appeal the decision, though her office had no immediate comment.
State lawmakers barred California farmers from force-feeding birds with a tube, which is how foie gras is produced. The state also banned sales of the delicacy, prohibiting imports from being served in restaurants or sold in markets.
Foie gras farmers in Canada and New York and the Hermosa Beach restaurant Hot’s Kitchen sued to overturn the law. While the ruling does not lift the ban on producing foie gras in California, it clears the way to resume serving it.
“Let the foie start flowing again!” said chef Sean Chaney of Hot’s Kitchen.
The judge had previously rejected claims by the foie gras supporters that the law violated federal law because California couldn’t impose its regulations beyond state borders. But they amended their lawsuit to say state law was pre-empted by the federal Poultry Products Inspection Act. That law prevents states from imposing labeling, packaging or ingredient requirements in addition to or different from federal standards.
The main question was whether the state was imposing its ban on an ingredient or a process. The judge rejected the state’s argument that the law was aimed at barring products created by a particular process.
“California cannot regulate foie gras products’ ingredients by creatively phrasing its law in terms of the manner in which those ingredients were produced,” Wilson wrote.
The judge also rejected an argument that the suit improperly targeted Harris. The attorney general’s office said she had no intention at the time of enforcing the law at the time, but might do so in the future.
“Defendant seeks to have her pâté and eat it, too,” Wilson quipped.
Animal rights groups who fought to the get the law passed in 2004 (it was phased in over seven years) and have displayed photos of bloated ducks and geese, called the ruling misguided, a miscarriage of justice and absurd.
“Foie gras production involves cruelty to animals that would warrant felony charges were dogs or cats the victims,” said Bruce Friedrich of Farm Sanctuary on behalf of a coalition of animal protection groups. “The idea that a ban on egregious cruelty on farms could be pre-empted by a law that applies exclusively to slaughterhouse operations and meat safety and labeling is exactly as ludicrous as it sounds.”
Some restaurants had defied or tried to find loopholes in the ban, including the Presidio Social Club in San Francisco, whose managers contended the law didn’t apply to them because the restaurant is on land administered by a federal agency.
Chicago passed a similar ban on the delicacy but later repealed it.
The ruling came early enough in the day that producers could ship foie gras to California restaurants overnight, said attorney Michael Tenenbaum, who represented the farmers and Chaney.
It is expected on menus Thursday.
AP’s Robert Jablon contributed to this report.