California foie gras law
| California foie gras law | |
|---|---|
 |
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| California State Legislation | |
| Full name | Force Fed Birds |
| Status | Passed |
| Introduced | February 19, 2004 |
| Assembly voted | August 24, 2004 |
| Senate voted | May 18, 2004 |
| Signed into law | September 29, 2004 |
| Sponsor(s) | John Burton |
| Governor | Arnold Schwarzenegger |
| Code | Health and Safety Code |
| Section | 25980–25984 |
| Website | SB-1520 Force fed birds.(2003-2004) |
| Association des Eleveurs de Canards et D’Oies du Quebec, et al v. Harris, et al. | |
|---|---|
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| Court | United States Court of Appeals for the Ninth Circuit |
| Full case name | Association des Eleveurs de Canards et D’Oies du Quebec, HVFG LLC; Hots Restaurant Group Inc., and Gauge Outfitters Inc. v. Kamala Harris, Attorney General; and Edmund G. Brown, Governor |
| Decided | August 30, 2013 |
| Citation(s) | Association des Eleveurs de Canards et D’Oies du Quebec, et al v. Harris, et al., no. 12-56644 (9th Cir. Aug. 30, 2013) |
| Case history | |
| Prior action(s) | U.S. District Court Judge Stephen V. Wilson denied a motion for preliminary injunction restraining Attorney General Harris from enforcing the California ban on foie gras |
| Case opinions | |
| In a unanimous opinion authored by Judge Pregerson, the court held that the Attorney General was not subject to Eleventh Amendment immunity from suit; that the Governor and state of California were entitled to Eleventh Amendment immunity and were dismissed from the suit; and that the district court did not abuse its discretion in finding that there was no serious question of a Due Process violation or a violation of the Commerce Clause, and affirmed the denial of the motion. | |
| Court membership | |
| Judge(s) sitting | Harry Pregerson, Raymond C. Fisher, and Wiley Y. Daniel (sitting by designation) |
The California foie gras law, California S.B. 1520, 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). 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. 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. That decision is currently on appeal.
S.B. 1520 was introduced in the California State Legislature on February 19, 2004 by then-Senate President Pro-Tem John Burton at the request of a coalition of animal protection organizations that included Viva!USA, Farm Sanctuary, Los Angeles Lawyers for Animals, and the Association of Veterinarians for Animal Rights.
Burton stated, "We just shouldn't be cramming a tube down a duck's throat and forcing in food to make foie gras," and that foie gras production is "an inhumane process that other countries have sensibly banned. I'm pleased California will be next on the list."
The legislature passed the bill and it was signed into law by Governor Arnold Schwarzenegger on September 29, 2004.
The law included a provision that it would take effect almost eight years after enactment, in order to allow time for techniques to be developed by which foie gras could be produced without force-feeding birds. As of the date the law took effect, no such technique had been developed that was deemed commercially viable.
During the months leading up to the date when the law would go into effect, some California restaurants hosted elaborate multi-course meals featuring foie gras in many forms, drawing patrons who wanted to eat foie gras before the ban went into effect.
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