NEW YORK – New York City’s ban on the sale of foie gras, already delayed by the court challenge, has now been found to violate state agriculture law.
The state Department of Agriculture and Markets told city officials on Wednesday that the ban “unreasonably restricts” the operation of two northern foie gras farms that are suing the law. The ban was supposed to go into effect Nov. 25, but a state judge suspended it this fall as the lawsuit continues.
Animal welfare advocates say the production of foie gras, the fattened liver of a duck or goose, is cruel to birds because it involves force-feeding them. But Hudson Valley Foie Gras and La Belle Farm said losing New York City’s vital market would jeopardize their operations and threaten jobs.
State agriculture officials found it “unusual” that the city would ban the sale of a legally produced agricultural product “not for reasons of the health, safety, or welfare of its citizens, but to change the animal husbandry practices that occur in farms outside its jurisdiction to which it objects”.
An attorney for the farms, Edward J. Phillips, said the state order is a “game changer” for the litigation, as the decision is final unless immediately challenged by the city.
A spokesman for the city’s legal department said in an email that officials are reviewing the state’s decision “and will respond accordingly.”
