ARs Push CA AG to File Appeal on Foie Gras Ban Decision

MORE than you ever wanted to know about foie gras, the ban, the sale, the non sale, and why HSUS thinks it will win at 9th Circuit Appeals……..currently, foie gras cannot be produced in CA. It can be sold by restaurants.

…[C]onsequences for California restaurateurs flouting the ban continue to mount, with a San Jose chef receiving death threats over his plan to give away free foie gras doughnuts. On the other side of the country, anti-foie activists hack Hudson Valley Foie Gras, distributing names and contact info to animal rights groups. HVFG promptly reached out to its customers noting that “the animals at our farm are well cared for.” The Animal League Defense Fund then ask the California attorney general to investigate the California residents who appeared on the hacked list.

Meanwhile, the mega lawsuit filed by HVFG, Association des Éleveurs de Canards et d’Oies du Québec, and Hot’s Restaurant Group soldiers on.

The US 9th Circuit Court of Appeals agrees with a district court judge’s decision to uphold the ban and foie remains illegal in California. Adding insult to injury, PETA gets clearance to move ahead with its suit against Hot’s Kitchen.

2014

In July — roughly two years after the California ban went live — thirteen states petition the US Supreme Court to review the 9th Circuit’s decision not to reverse the ban. In October, the Supreme Court decides not to review the case, leaving the ban in effect.

2015

On January 7th, Judge Stephen Wilson of the U.S. District Court for California’s Central District invalidates California’s ban of restaurants selling foie gras.  The judge ruled state law doesn’t trump federal poultry regulations.
It remains illegal for California farmers to force-feed birds, which is how the delicacy is made. The restaurant and foie gras producers said they are confident the ruling will be upheld.

“The decision was based on the simple fact that, in the field of meat and poultry, federal law is supreme. California does not have the right to ban wholesome, USDA-approved poultry products, whether it’s foie gras or fried chicken,” said a statement released by attorney Michael Tenenbaum.

PD note: California might not have the right, but various cities probably could do it. Banning a USDA approved “product”, such as legal, commercial kennel bred animals, is apparently legal — if one does it city by city.

So instead of a state law, if the ARs went city by city, they could likely do it based on rational basis (claiming it was animal abuse or something like that)….. it might take them longer but they would likely focus it on larger cities.

The same way cities have banned certain dog breeds completely.  Claiming rational basis.  Like the cities that have banned commercial kennel puppies? Banned pet stores from selling anything EXCEPT rescued and non profit obtained dogs?

http://www.eater.com/2015/1/9/7513743/foie-gras-ban-california-history-appeal-peta-aldf

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