Georgia Construction, Bond & Lien Law Blog


PROHIBITION 2012–CONTEST OF CALIFORNIA’S NEW FOIS GRAS BAN

Posted in Current Legal Issues,Miscellaneous by Administrator on the July 25th, 2012

Georgia Business Law Firm

 

By:  Mark A. Cobb

Cobb Law Group

Admittedly, this is a little off-topic, but we have been keeping an eye on California’s ban on fois gras; this new legislation (California SB 1520) took effect on July 1, and it prohibits the  production of fois gras as well as the sale of foie gras in California.  In other words, restaurants in California can no longer serve fois gras, and a violation of the prohibition can result in a $1,000 a day fine!

On July 2nd–the day after the law went into effect–a lawsuit was filed in the Los Angeles Federal District Court on behalf of Canadian foie gras exporters, a NY state-based foie gras producer and a Southern Californian restaurateur claiming that the law is vague and violates the U.S. constitutional commerce clause.  You can read the full text of Association Des Éleveurs de Canards et D’Oies de Québec, HVFG, LLC and Hot’s Restaurant Group, Inc. v. State of California  here. In addition to requesting a permanent ruling on these points, the lawsuit also asks the judge to issue a preliminary injunction prohibiting the enforcement of the foie gras ban.

It may be a few weeks before the judge reviews the lawsuit and decides about the preliminary injunction; but, stay tuned, as we’ll continue to keep you posted on further developments.

Comments Off on PROHIBITION 2012–CONTEST OF CALIFORNIA’S NEW FOIS GRAS BAN

Comments are closed.