The California foie gras law or Senate Bill 1520 (S.B. 1520)[1] is a California State statute that prohibits the "force feed[ing of] a bird for the purpose of enlarging the bird's liver beyond normal size" (California Health and Safety Code § 25981) as well as the sale of products that are a result of this process (§ 25982).[2] This outlawed the traditional method of producing foie gras in California. The law was enacted in 2004 and went into effect on July 1, 2012.[3][4] The law has been challenged repeatedly since its enactment. The ninth circuit in 2022 upheld a lower court’s 2020 ruling, which allowed residents to purchase foie gras for their individual use from out-of-state retailers.[5]
On January 7, 2015, U.S. District Judge Stephen V. Wilson held that the portion of California's law banning the sale of foie gras within the state (California Health and Safety Code § 25982) was preempted by the federal Poultry Products Inspection Act, and enjoined the California Attorney General from enforcing it.[6][7] That decision was overturned on appeal on September 15, 2017,[8] but the decision was stayed until December 17 to permit the plaintiffs to petition the U.S. Supreme Court for certiorari.[9] The certiorari petition was filed on March 9, 2018, and denied on January 7, 2019, leaving the lower court ruling in effect.[10] In 2023, the Supreme Court of the United States declined to take up the case, leaving the ban in place.[11]
^California Senate Bill no. 1520, Force fed birds, approved September 9, 2004, codified at California Health and Safety Code §§ 25980–25984.
^California Health and Safety Code § 25982.
^Brown, Patricia Leigh (October 6, 2004). "Is Luxury Cruel? The Foie Gras Divide". The New York Times. Archived from the original on October 4, 2012. Retrieved July 2, 2012. THE signing of a bill by Gov. Arnold Schwarzenegger last week banning the production and sale of foie gras in California
^Moore, Martha T. (June 5, 2006). "Foes see foie gras as a fat target". USA Today. Archived from the original on January 8, 2011. Retrieved July 2, 2012. It is already coming off the menu in California, which in 2004 set a 2012 deadline to end production and sale.
^"California court okays import of foie gras from out of state, barred in 2012". The Guardian. May 7, 2022. Retrieved May 9, 2022.
^Association des Eleveurs de Canards et d'Oies du Quebec v. Harris, No. 12-5735, (C.D. Cal. filed July 2, 2012), Order Denying Defendant's Motion to Dismiss and Granting Plaintiff's Motion for Partial Summary Judgment as to Preemption Claim and Partial Judgment as to Preemption Claim (Jan. 7. 2015).
^Parsons, Russ (January 7, 2015). "Foie gras can go back on California menus, judge rules". Daily Dish. Los Angeles Times. Retrieved January 7, 2015.
^Christophi, Helen (September 15, 2017). "C'est la vie: California's Ban on Foie Gras Revived by 9th Circuit". Courthouse News Service. Retrieved September 17, 2017.
^"Foie Gras Ban Stayed". Courthouse News Service. December 7, 2017. Retrieved March 19, 2018. while producers and supporters of the polarizing delicacy appeal to the U.S. Supreme Court.
^Association des Eleveurs de Canards et d’Oies du Quebec, et al., v. Becerra, no. 17-1285 (filed March 13, 2018)(docket).
^"Supreme Court ducks fight over foie gras, leaving California ban in place". MSN. Retrieved May 22, 2023.
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