New York foie gras producers are mounting a final legal defense against a citywide sales ban, petitioning the New York State Court of Appeals to overturn the 2019 City Council legislation. The ban, which prohibits the sale of foie gras — a delicacy made from the enlarged liver of ducks and geese — has not yet taken effect, allowing farmers to pursue this last legal avenue.
La Belle Farm and Hudson Valley Foie Gras, represented by attorneys, are filing a new plea to stop the ban, which critics argue involves a cruel process of animal husbandry. Sergio Saravia, whose family has operated La Belle Farm for nearly 30 years, stated, "We’re fighting to protect our family, our employees, and our way of life."
Distributors have also voiced concerns about the ban's broader implications. Ariane Daguin, co-founder of specialty food distributor D’Artagnan, described foie gras as a significant part of French culture and gastronomy. "It’s a shame for the liberties, gastronomy in general, and quality of life," she said, noting her own upbringing in the Gascony region of France where foie gras is considered a revered food.
Daguin also challenged the characterization of foie gras production as inherently cruel. "We know that the way we raise them does not hurt or does not stress the duck or geese. We know that. We live it," she stated. She suggested that if foie gras is banned due to animal welfare concerns, then factory farming of other animals, such as chickens, which she described as more stressful for the animals, should also be considered for prohibition.
The legal battle over the ban has been ongoing since its passage. Initially, the New York State Department of Agriculture and Markets ruled that local municipalities must adhere to state regulations, invalidating the ban. The city appealed this decision to the Albany State Supreme Court, which upheld the commissioner's ruling. Subsequently, the city appealed to the Appellate Division, Third Department, which reversed the lower court's decision in March and upheld the city's ban.
"The lower court’s ruling is unprecedented and leaves all farmers across the state vulnerable to similar sales bans by municipalities," said farmer’s attorney, Edward J. Phillips. The legal team is now asking the Court of Appeals to consider the case.