Food fight in California: Foie gras is legal for private consumption from out of state providers

from Market Design at on May 31, 2022 at 01:54PM

 The Ninth Circuit has confirmed a nuanced lower court verdict about foie gras, in the latest episode of a long running California food fight about gavage, the force feeding of ducks:

California court okays import of foie gras from out of state, barred in 2012. The law, passed in 2004, went into effect in 2012 and banned the sale of the delicacy if produced by force feeding geese or ducks.

"A California law that effectively bans foie gras sales in the state was limited in part on Friday. Californians can continue purchasing the controversial pate from out-of-state retailers, the ninth circuit court of appeals said in a ruling.

"The law, which passed in 2004 and went into effect in 2012, bars the sale of foie gras if produced by force feeding geese or ducks, according to Courthouse News Service. As the mousse is traditionally produced from the engorged livers of force-fed geese and ducks, the legislation is a near-prohibition.

"The ninth circuit’s decision upheld a lower court’s 2020 ruling, which also permitted the shipping of out-of-state foie gras through third-party delivery companies, according to the Associated Press."

"This ruling is only applicable to people who purchase foie gras for their individual use; California law still bars retailers and restaurants from selling or giving away foie gras. The law has been challenged repeatedly since its enactment."