California foie gras law
U.S. state statute banning force feeding of birds
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.
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.
Background
S.B 1520 was introduced in the California Senate on February 19, 2004 by the Senate President pro tempore 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.
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