NY Supreme Court Rejects Foie Gras Ban
The New York Supreme Court has ruled that New York City’s attempt to ban the sale of foie gras in the city violates state agricultural laws meant to protect farmers.
The decision resolves—at least for now—a dispute between New York State duck farmers and New York City, which passed a law in 2019 forbidding the sale of foie gras in stores and restaurants. Animal rights activists had pushed for the ban, claiming that producing the delicacy involves animal cruelty. In order to make foie gras, farmers force-feed ducks to enlarge their livers.
New York City’s law prohibiting the sale of foie gras, Local Law 202, was scheduled to take effect in 2022, but La Belle Farms and Hudson Valley Foie Gras, two foie gras farms based in Sullivan County, New York, sued to challenge New York City’s ban. The New York Supreme Court at that time issued an injunction against enforcing the ban, and the New York State Department of Agriculture and Markets said the ban violated state agricultural law.
The state Agricultural Districts law shields farms from local regulations that “unreasonably restrict” farm operations. The latest Supreme Court decision found that the state law, which is meant to protect the livelihoods of farmers, takes precedence over the New York City law.
It was not clear if the city might seek to appeal the decision. A spokesperson for the city could not be reached for comment. Other groups that had supported New York City’s effort to ban foie gras included the Animal Legal Defense Fund and People for the Ethical Treatment of Animals.
“This ruling is a victory for farmers across New York State,” said Sergio Saravia, president of La Belle Farms. “ It’s about more than just foie gras; it’s about preserving our right to farm and support our families.”
He thanked Richard Ball, commissioner of New York Agriculture and Markets, for supporting the farmers in the case.
La Belle Farms operates a 40-acre duck farm and is one of only three in the country that produce foie gras, the company said. The farm, which was founded by the Saravia and Lee families in 1999, produces more than 182,000 ducks per year for foie gras and duck meat products.
For now, California remains the only state in the U.S. where foie gras is banned. The stated passed a law prohibiting the sale and production of foie gras in 2004, and the law took effect in 2012. However, residents can still order foie gras delivered from out of state.
Last year the U.S. Supreme Court declined to hear a case brought by Canadian duck and goose farmers, along with Hudson Valley Foie Gras in New York, seeking to be able to sell foie gras in California. Their suit had been dismissed by multiple lower courts before the U.S. Supreme Court declined to hear it.
In 2006, Chicago banned the sale of foie gras in that city, but the measure was overturned in 2008.
Several European countries have also banned the force-feeding of animals, which effectively bans foie gras production.