Sullivan County, NY – July 15 2020 – The Catskill Foie Gras Collective, a consortium of duck farms in Sullivan County, NY and Canada announced today that they will begin selling foie gras to customers in California again after a federal judge ruling on Tuesday that overturned the ban.
California’s ban on the delicacy was challenged in court by Hudson Valley Foie Gras in New York, together with an association of Canadian foie gras producers, including Rougié, (and Chef Sean “Hot” Chaney) who said they lost nearly one-third of their total sales when the prohibition took effect in 2012.
Hudson Valley’s Vice President, Marcus Henley, is thrilled with the Court’s ruling. “We are gratified that the Court recognized that California’s misguided ban was never intended to apply to foie gras products from out‐of‐state producers that are shipped to happy consumers in California,” Henley said.
Nikola Smatrakalev, General Manager in Canada of major French producer Rougié, added, “This is a very welcome decision by the Court on Bastille Day, France’s National Day.” Foie gras is recognized under French law as part of its protected cultural and gastronomic heritage.
Sellers of foie gras outside of California will now resume sales inside the state through online and telephone channels as long as the foie gras originates from outside the state and payment is received and processed outside California. Sales from within the state are still prohibited.
The news represents a major victory for the foie gras industry which has been unfairly targeted by animal rights activists and lawmakers for misperceptions on how foie gras is produced.
“We are very grateful for this victory,” said Sergio Saravia, president of La Belle Farm. “This victory is symbolic that even in the most trying times, if we stand together, we will persevere.”
]]>Sullivan County, NY. — January 15, 2020 — The Catskill Foie Gras Collective, a consortium of duck farms in Sullivan County, NY and Canada announced plans to fight yesterday’s Court dismissal of their challenge against California’s Foie Gras Ban.
“This fight is not merely about foie gras, this is about our liberty to choose what we eat and for duck farmers like myself, it is also about our right to make a living, said Sergio Saravia, President of La Belle Farms. “We will keep fighting to dispel all the misperceptions about our farming practices and to uphold our rights as farmers and also uphold the rights of consumers in terms of their food choice.”
Foie gras was first banned in California in 2012. In 2015 the federal court ruled that the California foie gras ban was unconstitutional based on a provision in a federal statute that prohibits states from imposing additional or different requirements on the ingredients in poultry products. The Ninth Circuit Court of Appeals reversed the decision but the district court’s injunction against enforcement of the ban remained in place until January of this year when the Supreme Court declined to hear the case. The case then returned to the district court, where it will continue to move forward.
Farmers will appeal this latest ruling but, in the meantime, they continue to look forward to having their day in court — and to prove the facts that will establish once and for all that the California ban is invalid and unconstitutional.
Chef Sean Chaney, co-owner of Southbay Restaurant and one of the plaintiffs of the original suit in 2012 said “California has no business telling people what wholesome meat and poultry products they can and cannot buy. This is America, not some totalitarian regime.”
]]>Legal and legislative steps to overturn the ban on foie gras and related duck product sales in NYC ramped up this week, with the Sullivan County Legislature coming to the aid of local area duck farmers. On November 14th, the upstate county’s legislators passed a resolution requesting that the New York Department of Agriculture and Markets step in and perform what’s known as an AG and Markets 305 review.
What is a 305 review?
AML §305 is a New York State law that prohibits local governments from enacting ordinances that unreasonably restrict farming operations within a defined agricultural district. Sullivan County is asking that the soon to be signed into law foie gras ban be reviewed, as it imposes operational restrictions on local duck farms residing within a protected agricultural district. If this is found to be the case, the NYC ban would be determined by the state to be unlawful.
For background, in late October 2019, the NYC Council passed legislation to ban the selling of foie gras and related duck products, within Big Apple city limits. The ban will become law no later than November 30th, with a three-year grace period
Not wasting any time, Sullivan County duck farmers are taking action themselves, with plans to file suits in state and federal courts, calling the NYC ban unconstitutional. What’s at stake is the livelihood of 400 immigrants and their families who depend on the Sullivan County farms for employment, and the devastating economic impact such a ban will have on the second poorest county in New York state.
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