New York attorney general asks state's top court to halt NYC foie gras ban

New York Attorney General Letitia James on Monday petitioned the state’s top court to halt New York City’s foie gras ban in a battle over the French delicacy. (Photo from Shutterstock)
New York Attorney General Letitia James on Monday petitioned the state’s top court to halt New York City’s foie gras ban in a battle over the French delicacy.
In a petition filed July 27 with New York Court of Appeals, James argued that the city was threatening the livelihood of foie gras farmers throughout the state.
James’ petition is the latest in a long-running legal battle over the ban. An intermediate court ruled in favor of the city earlier this year, finding that the ban was lawful and reversing a trial court ruling in favor of the state, according to a story by Bloomberg Law.
The New York City Council passed the ban in 2019, describing foie gras as inhumane because it requires ducks and geese to be force-fed.
But New York state has a statute prohibiting local laws from impinging on the work of farmers, James argued in her petition. Nothing in that statute’s “text, history or purpose suggests the legislature intended to leave the commissioner powerless” against local laws such as the city foie gras ban, she wrote.
The case raises important questions for the state’s highest tribunal to resolve, according to James.
“After all, if a large locality like New York City decided simply to ban the marketing of dairy products, eggs or apples, all of which are produced on farms in agricultural districts, the overall impact on New York state’s agricultural economy would be considerable,” James wrote in the petition.
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