SAN FRANCISCO (AP) — Californians should buy foie gras produced out of state regardless of California’s ban on the delicacy, a federal appeals court dominated Friday.
The Ninth U.S. Circuit Court of Appeals upheld a 2020 decrease court ruling that mentioned Californians can order foie gras from out-of-state producers and have it despatched by a third-party supply service.
The ruling solely applies to individuals who purchase foie gras for particular person consumption. The 2012 state regulation nonetheless bans foie gras manufacturing in California whereas eating places and retailers are forbidden to promote it or give it away.
Foie gras is created from the enlarged livers of force-fed geese and geese. The Humane Society and different teams supported California’s regulation, arguing the method constituted cruelty to animals.
Producers argued that the force-feeding course of mimicked one thing that occurs within the wild, when geese and geese overeat to retailer up additional diet for his or her lengthy annual migration.
The regulation was challenged by producers, together with New York-based Hudson Valley Foie Gras, which mentioned it misplaced practically one-third of its whole gross sales when the ban took impact.
They argued that the state regulation conflicts with interstate commerce and federal meals rules that permit force-feeding for foie gras manufacturing.
In a 3-0 ruling, the appellate panel upheld the earlier ruling however rejected efforts to overturn the whole regulation.
Ralph Henry, a lawyer for the Humane Society, informed the San Francisco Chronicle that the ruling didn’t considerably weaken the regulation.
“Solely a slim type of transaction — a sale by sellers exterior the state, delivery to end-use shoppers within the state — continues to be allowed,” he mentioned in an e-mail.
Attorneys for producers mentioned they might ask the appellate court for a brand new listening to earlier than a big panel.
Chef Sean Chaney informed The Chronicle in an announcement that whereas he considers the regulation unconstitutional, “I’m additionally glad that 40 million Californians can proceed to benefit from the foie gras merchandise they purchase on-line, and I hope to have the ability to cook dinner it for them quickly once more.”
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