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New York Appeals Court Backs NYC Foie Gras Sales Ban

A 5-0 appellate ruling rejected the state's bid to limit New York City's home‑rule authority.

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Ducks are pcitured at Hudson Valley Foie Gras, in Ferndale, New York, on March 3, 2023.
Ducks being raised for foie gras at a Hudson Valley farm. “If we don’t have (New York City), if we don’t have restaurants, we’re basically going to shut down,” said Sergio Saravia, co-owners of La Belle Farm, one of two Sullivan County farms that produce virtually all of the foie gras in the United States. An appeals panel of state Supreme Court justices overruled a lower court’s decision upholding the state Department of Agriculture and Markets’ ability to block the ban.

Overview

  • Despite the ruling, a separate industry lawsuit keeps enforcement on hold under an injunction until a final, non‑appealable order is secured.
  • The Appellate Division for the Third Department reversed a 2024 lower‑court decision that had allowed the state agriculture agency to block the law.
  • The panel found the Legislature did not intend local powers to be curtailed due to economic effects on agricultural districts outside the city.
  • La Belle Farm and Hudson Valley Foie Gras, the two Sullivan County producers that sued, maintain the injunction as the state considers an appeal to the Court of Appeals.
  • Foie gras remains on menus at New York City restaurants for now, as animal‑welfare groups celebrate the decision and producers warn of economic harm to upstate farms.