California foie gras law
The California foie gras law or Senate Bill 1520 (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. 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.
California foie gras law | |
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California State Legislature | |
Full name | Force Fed Birds |
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) |
Status: Current legislation |
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 was overturned on appeal on September 15, 2017, but the decision was stayed until December 17 to permit the plaintiffs to petition the U.S. Supreme Court for certiorari. The certiorari petition was filed on March 9, 2018, and denied on January 7, 2019, leaving the lower court ruling in effect. In 2023, the Supreme Court of the United States declined to take up the case, leaving the ban in place.