16 September, 2017
California's law prohibits the sale of birds that are force-fed to enlarge their livers, It was passed in 2004 and originally took effect in 2012.
But foie gras farmers in Canada and NY and the restaurant Hot's Kitchen in Hermosa Beach targeted a second part of the law that banned foie gras produced out of state. As the court decision noted, numerous countries -including Italy, Germany, Britain and Switzerland - have bans on forced-feeding or foie gras products. We can all live without foie gras. Now, the court has agreed that California can prohibit its sale.
This is all about stopping the inhumane practice of stuffing foot-long tubes down the birds' gullets and feeding them until their livers swell to 10 times the normal size. The judge ruled that federal regulations under the Poultry Products Inspection Act (PPIA) pre-empted a state-level ban.
The main question was whether the state was banning an ingredient or a process. Today three federal judges determined that the ruling in 2015 was in error.
Svetlana Kolpakova / DreamstimeHide your foie gras, California restauranteurs!
"Congress made clear that the PPIA's "ingredient requirements" address the physical components of poultry products, not the way the animals are raised", Nguyen wrote.
"It's like a parent taking away a toy", said Phillip Frankland Lee, the owner of Scratch Bar & Kitchen in Encino, California and a former contestant on the "Top Chef" reality TV show. That part of the law, phased in over seven years, was not challenged.
But Wayne Pacelle, president and CEO of The Humane Society of the United States, said the panel made the right call.
"Don't eat it if you don't want to, but don't impede on anyone's rights to do what they want to do", he said, adding: "Let's ban assault rifles before we ban foie gras if you want to talk about cruelty". "This law has always been unconstitutional and incorrect in its basis".
The office of California Attorney General Xavier Becerra, which defended the law, had no immediate comment.
U.S. Circuit Judges John Owens and Harry Pregerson joined Nguyen in the opinion.
