Timeline of New York City’s Foie Gras Ban Campaign (2017–2022)

2006: The idea of banning foie gras in NYC first surfaced when City Council Member Alan Gerson attempted to introduce a ban on foie gras production and sale. However, then-Council Speaker Christine Quinn, who tightly controlled the legislative agenda, blocked the proposal before it could advance1. This effectively shelved the issue for years. 2006–2013: During Speaker Quinn’s tenure, no significant animal welfare legislation could gain traction. Activists recall that between 2006 and 2013, every meaningful animal welfare bill was stonewalled in the City Council2. Foie gras remained legal in NYC, even as other cities and states began scrutinizing the practice of force-feeding birds. Context: Foie gras (French for “fatty liver”) is produced by force-feeding ducks or geese to engorge their livers up to ten times normal size, a process known as gavage. Animal advocates condemn this as cruel, causing injuries like esophageal damage, respiratory distress, and liver disease, while some chefs and farmers defend it as a longstanding culinary tradition34. This clash between animal welfare concerns and culinary tradition set the stage for future battles in NYC.

2014–2017: After 2013, NYC politics shifted. A new City Council and Speaker more receptive to animal welfare emerged. In 2017, the Council passed a high-profile ban on the use of wild animals in circuses – its first major animal rights law5. This victory emboldened activists and signaled that the legislative climate had changed from the Quinn era. Rise of Voters for Animal Rights (VFAR): Around 2017, grassroots advocates formed a coalition to target foie gras. Voters for Animal Rights (VFAR), a local animal advocacy group led by Allie Feldman Taylor and Matt Dominguez, launched a two-year campaign to ban foie gras in NYC6. They built a broad coalition of supporters: Partnering with national groups like Farm Sanctuary and In Defense of Animals, and local organizations and veterinarians, to raise awareness of foie gras cruelty7. Enlisting sympathetic restaurants willing to speak out – demonstrating that even in the food industry, there was support for a ban8. Mobilizing hundreds of grassroots activists to lobby council members, hold protests, and educate the public about foie gras production6. Public Support: Advocates commissioned polls and found strong public backing. By 2019, a citywide poll indicated 81% of NYC voters supported banning foie gras910. This public sentiment gave momentum to the campaign as it moved toward City Hall.

January 2019: bolstered by the advocacy campaign, Council Member Carlina Rivera formally introduced Intro 1378 – a bill to prohibit the sale of foie gras from force-fed birds in New York City11. Rivera, representing Manhattan’s Lower East Side, became the bill’s lead sponsor and public face. “Gavage is the most inhumane process…one of the most violent practices in the food industry,” Rivera told the press about her motivation12. City Council Support: The bill quickly gained broad support within the Council: Co-Sponsors: 30 of 51 council members signed on as co-sponsors of Intro 137813, reflecting a majority in favor even before a vote. Council Speaker Corey Johnson – considered the most animal-friendly Speaker in NYC’s history – also backed the bill14. Committee Assignment: The bill was referred to the Council’s Health Committee for review. VFAR organizers and allies lobbied committee members heavily to ensure it moved forward15. June 18, 2019 – Public Hearing: The Health Committee held a day-long hearing on the foie gras bill, which drew passionate testimony: Animal Advocates: Over a hundred animal activists rallied at City Hall. Gene Baur, president of Farm Sanctuary, spoke in person and submitted formal testimony describing the severe suffering of ducks in foie gras production16. Representatives from In Defense of Animals and Last Chance for Animals also testified, sharing graphic details of force-feeding and its health impacts on birds1718. Industry and Chefs: Farmers and restauranteurs defended foie gras. Marcus Henley of Hudson Valley Foie Gras (one of two upstate NY farms producing it) invited council members to visit his farm, insisting they ran a humane operation and that force-feeding was a “customary agricultural practice” not cruel by farming standards1920. Prominent chefs warned that banning a food product set a “dangerous precedent” – some argued today foie gras, tomorrow other foods like veal, lobster or even meat in general could be targeted. They framed the ban as government overreach into personal and culinary freedom. Ethical Debate: Council members pressed both sides with ethical questions. Committee Chair Mark Levine ultimately sided with the activists’ perspective, declaring that society’s evolving ethics demand changes in business practices: “As society evolves, we have a right to expect business practices evolve as well… empathy for the suffering of animals [is] front and center on our agenda… that does mean changing the food we consume and the food production system,” Levine said in an impassioned speech at the hearing21. This signaled the committee’s leaning toward approval.

October 30, 2019 – Historic Vote: The City Council voted on Intro 1378 as part of a larger animal-welfare package. The foie gras ban passed overwhelmingly, 42–6 in favor22. Council chambers filled with cheers from animal advocates when the votes were counted23. Councilwoman Rivera and Speaker Johnson championed the bill on the floor. Johnson, who had included Intro 1378 in his “historic animal package,” lauded the Council for taking a moral stand for animals24. NYC as a Leader: Once signed by Mayor Bill de Blasio, New York City would become the largest city in the world to ban foie gras25. The Council’s action placed NYC alongside California (which had a statewide ban in effect since 2012) in outlawing sales of force-fed foie gras26. (Chicago had briefly banned foie gras in 2006 but repealed its ban after two years under pressure from the restaurant industry, a cautionary footnote in this debate.) Key Provisions: The NYC law (Local Law 202 of 2019) made it illegal for restaurants, grocery stores, or other food retailers to sell or serve foie gras made from force-fed birds. Violations would be a misdemeanor punishable by fines up to $1,000 and even potential jail time25. The Council built in a 3-year phase-in period – the ban’s effective date was set for November 25, 2022, to give producers and businesses time to adjust or transition their business models2728. Supporters and Endorsements: The campaign’s groundwork was evident in the final tally of support: Political Endorsements: Over half the City Council co-sponsored the bill, and ultimately 42 members voted yes22. Dozens of New York State veterinarians endorsed the ban, citing the veterinary consensus that force-feeding is inhumane29. Restaurants Backing Ban: Although foie gras is a high-end menu item, more than 60 NYC restaurants publicly supported the ban29 – some chefs opted to remove foie gras from their menus in solidarity. This undercut the argument that the entire restaurant industry opposed the measure. Public Opinion: Activists highlighted that New Yorkers overwhelmingly approved. An independent poll found 81% of NYC voters supported banning foie gras from force-fed birds9, bolstering council members’ confidence that voting for the ban aligned with constituent values. Activists’ Celebration: Animal rights advocates hailed the vote as a watershed moment. After years of effort, they noted that “the City Council sent a strong message… that lawmakers are now recognizing the plight of animals and the need for laws to protect them”23. Allie Feldman Taylor of VFAR declared it “a new day for animal rights in New York City.”

Mayor’s Approval: Shortly after the Council vote, Mayor de Blasio signed the foie gras ban into law (as Local Law 202 of 2019), aligning with his administration’s pro-animal welfare stance25. Then-Mayor (and now current Mayor) Eric Adams, a vegan, quipped on social media, “The days of foie gras are gone and foie-gotten in New York City,” signaling strong executive support3031. Culinary Backlash: Prominent chefs and restaurant industry figures voiced discontent: Celebrity restaurateur David Chang criticized the Council’s decision (he posted a scathing comment on social media)32. Other chefs argued NYC was tarnishing its reputation as a “gastronomic capital” by outlawing a traditional delicacy. They framed the ban as an attack on culinary culture and warned it could open the door to bans on other foods. The New York Times noted about 1,000 restaurants in NYC had been serving foie gras prior to the ban33. Some of these establishments and food writers lamented the ban as “paternalistic” and a blow to fine dining. Foie gras has deep roots in French cuisine and is a luxury item in holiday meals; opponents called the ban a “desecration of a culinary tradition” and an affront to personal choice3435. Upstate Producers’ Outrage: The two farms in Sullivan County, NY – Hudson Valley Foie Gras and La Belle Farm – which together supply the majority of foie gras in the U.S., reacted with alarm: Economic Concerns: The farm owners asserted the ban would devastate their businesses and the local economy. Sergio Saravia, founder of La Belle Farm, told the press the impact would be “devastating,” noting they already lost about $50,000 per week in revenue after California’s ban cut off that market28. New York City’s restaurants represent roughly 20–30% of the farms’ sales36, so losing NYC could threaten hundreds of jobs in a region with few other opportunities3637. Fairness and Tradition: Farmers argued that force-feeding waterfowl, while unusual, is “acceptable animal agriculture” and not the torture activists portray19. They claimed their ducks are treated well and utilized fully (as one farm manager quipped, “We use everything but the quack” from the duck)38. To them, NYC’s move was driven by emotional rhetoric rather than science, and they felt their way of life was under attack by urban lawmakers “disconnected” from farming39. Slippery Slope Fears: The broader food industry worried about what might be next. If NYC could ban foie gras on ethical grounds, some wondered if bans on other foods (like veal, fur, or even meat) would follow. Restaurant associations that had fought a similar ban in Chicago (successfully repealing it in 2008) raised this concern. NYC officials, however, stressed that foie gras was a unique case of extreme cruelty, not a prelude to banning all animal products.

Planned Phase-In: The foie gras ban was scheduled to take effect on November 25, 2022, giving a three-year adjustment period4027. During this time, foie gras could still be sold in NYC, and farms were ostensibly encouraged to transition to other products or methods (though in practice the farms continued business as usual while plotting legal strategy). State “Right to Farm” Law Invoked (2020): Rather than waiting for 2022, the upstate foie gras producers launched a counter-offensive through New York State’s agricultural laws: In December 2020, the farms petitioned the New York State Department of Agriculture and Markets to review NYC’s foie gras law under Section 305-a of the Agriculture and Markets Law – a provision designed to protect farming operations from unreasonable local regulations4142. This 1971 “right to farm” law lets the state overturn local laws that overly restrict farms in state-designated agricultural districts. The State Agriculture Department’s initial determination sided with the farmers: in late 2020 it found that NYC’s ban “appeared to violate state agricultural policy and AML §305-a,” because the ban’s purpose was animal welfare (an area outside traditional local health or safety regulation)42. The department noted foie gras force-feeding was a customary farming practice and that the NYC law would cause “significant loss of sales” for the farms by cutting off their major market20. In short, state officials viewed the ban as an unreasonable restriction on farm operations, given it aimed to influence farming methods outside city limits4320. NYC officials objected, arguing the city was simply regulating sales within its jurisdiction (much like it could ban the sale of products from endangered wildlife, for example). The city also contended its Home Rule authority permitted it to set moral standards for products sold in NYC. But the state’s position in 2020 foreshadowed a serious roadblock to the ban’s implementation. Growing City–State Tension: Through 2021 and into 2022, behind-the-scenes friction grew between NYC (which remained committed to enforcing the ban) and New York State (whose Department of Agriculture increasingly aligned with the foie gras industry’s view). Political dynamics played a role: Governor Change: In 2021, Governor Kathy Hochul took office. Activists later accused Hochul’s administration of being “in the pocket of the foie gras industry,” noting that the state seemed intent on protecting the duck farms over the will of NYC’s lawmakers and voters44. The Agriculture Commissioner Richard Ball (a holdover from the prior administration) continued to handle the dispute, and the state showed no sign of relenting. Mayor Change: In NYC, Eric Adams became Mayor in 2022 and was a vocal supporter of the foie gras ban (in line with his vegan values). This set up a clash of priorities between Mayor Adams and Governor Hochul, unusual in that the city and state were now openly at odds over an animal welfare law45. Final State Order Blocking the Ban (2022): In December 2022, just as the NYC ban was about to kick in, the State Agriculture Department issued a final determination and order declaring that NYC’s foie gras ban violated Section 305-a(1) of state law46. The order formally prohibited New York City from enforcing the foie gras law, on the grounds that it “unreasonably restricts” the farms’ operations and was not based on any legitimate public health or safety rationale47. Governor Hochul’s administration had effectively thrown its weight behind the upstate producers, preempting the city’s ability to implement its ban. Court Injunction: Even before the final order, the farms sought relief in court to prevent disruption to their business. In September 2022, with the ban’s effective date looming, a New York State Supreme Court (trial court) judge issued a preliminary injunction preventing NYC from enforcing the foie gras ban on November 25, 202248. This meant that, as of late 2022, foie gras sales could continue in NYC pending further litigation. The stage was set for a high-profile legal showdown over home rule and animal welfare. Geese raised for foie gras on a farm. New York’s ban targeted the practice of force-feeding ducks and geese to produce foie gras, pitting animal rights advocates against farmers in court4849.

City Fights Back – Lawsuit Against New York State: In early 2023, New York City (under Mayor Adams) took the unprecedented step of suing the state government over the foie gras issue. The City filed an Article 78 proceeding (a legal appeal of a state agency decision) to overturn the Agriculture Department’s order, arguing that the state’s intervention was “arbitrary and capricious” and that NYC has the right to regulate products sold in local restaurants50. The City’s stance was that it “values animal welfare over a luxury food item” and should be allowed to “withdraw local support… for the sale of a luxury item” on moral grounds51. August 3, 2023 – NYC Wins a Round: In August, an Albany County Supreme Court judge (Justice Richard Platkin) ruled in favor of New York City, annulling the state’s order that had blocked the foie gras ban52. The judge found the State Agriculture Department’s 2022 decision to be “arbitrary and capricious,” noting that the agency failed to adequately consider the full legislative record and purpose of the NYC law53. Essentially, the court said the state jumped to its conclusion with scant evidence – relying on only “two brief quotations” from thousands of pages of City Council records – and thus had not justified overriding the city’s law53. Implications: This was a significant victory for the city and animal advocates. The ruling suggested that local governments could ban sales of an agricultural product on ethical grounds, at least if state officials couldn’t prove a genuine conflict with state interests. The judge acknowledged NYC’s power to act on its residents’ moral concerns, writing that the city can choose not to allow a product “objected to… on moral grounds” within its borders51. However, the win came with a caveat: the judge left the door open for the state agency to try again. He remanded the issue back to the Department of Agriculture and Markets, allowing the state to conduct a more thorough review of the farms’ complaints and issue a new determination with a stronger factual basis53. Appeals and Ongoing Fight: The battle did not end in August 2023: The two foie gras farms – Hudson Valley and La Belle – immediately filed a notice of appeal on August 18, 2023, to overturn the judge’s decision54. They continued to assert that NYC’s law unlawfully interferes with their farming practices and livelihood. Until appeals are resolved, the injunction preventing the ban’s enforcement remained in place, so foie gras could still be served in NYC restaurants in 2023. Meanwhile, the State Department of Agriculture took up the judge’s challenge to reconsider the case. By late 2023, the department conducted a more extensive review of NYC’s legislative record. It concluded that the foie gras ban was indeed solely an animal welfare measure (with no claimed health or safety purpose) and that the City Council was explicitly trying to change farming behaviors outside its jurisdiction – precisely what state law guards against. In December 2023, the Commissioner reaffirmed the position that NYC’s ban violated state law, issuing a new order to that effect (essentially doubling down on blocking the ban, but with a more detailed rationale)5556. As a result, NYC found itself back in court to challenge this second determination. The legal dispute moved into 2024 with further court hearings. Observers noted that New York’s municipal-state power dynamics were being tested. “Cities in the US operate at the behest of the state… Governors are all-powerful,” said one political consultant, predicting that the state might ultimately prevail in quashing the city’s foie gras ban despite the city’s compassionate intentions5758. Key Legal Arguments: Throughout the court cases, both sides presented sharply different arguments: For NYC (Ban Supporters): The city and animal advocates argue that NYC has the authority to regulate commerce and protect animal welfare within the city. They point out the ban is a local sales restriction — no farm is forced to shut down or change practices, they simply cannot sell a particular cruelly-produced item in New York City. They liken it to other laws where cities ban products on ethical grounds (for example, sales of ivory or fur have been banned in some cities). They emphasize the moral stance and the will of NYC residents, as evidenced by 81% voter support and the Council’s vote10. Legally, they argue the ban does not directly regulate out-of-town farms; it only sets standards for businesses in NYC, which is a traditional exercise of local police power. For the State/Farms (Ban Opponents): The farms, backed by the state’s interpretation, argue that NYC’s law is an indirect attempt to control farming practices outside the city, encroaching on state jurisdiction. Under New York’s Agriculture & Markets Law §305-a, local laws cannot “unreasonably restrict” farm operations in state-certified agricultural districts – and the state contends NYC’s ban does exactly that by removing a major market for the farms47. They maintain that if every city could outlaw farm products for moral reasons, it would balkanize commerce and threaten farmers’ livelihoods. Additionally, opponents note that no public health rationale was given for the foie gras ban (unlike, say, food safety regulations), making it purely an animal-rights-driven law, which they believe should not override state economic policy4259. The state also invokes home rule limits, asserting that NYC’s powers stop at the city line – it cannot reach upstate by legislating a ban that effectively forces changes on upstate businesses5160. National Context: This NYC fight paralleled other battles over regulating ethically controversial foods. In a notable 2023 case, the U.S. Supreme Court upheld California’s ability to ban the sale of certain animal products (specifically pork not raised under humane conditions) even if produced out-of-state, rejecting claims that it violated interstate commerce61. However, that was a state law; in New York, the wrinkle is a city enacting the ban and the state government pushing back. The NYC foie gras ban thus became a flashpoint in debates over local versus state authority, animal welfare legislation, and the future of farming practices.

Ban on Hold: As of 2025, the NYC foie gras ban has not yet gone into effect. The legal tussle between New York City and the state (along with foie gras producers) has kept the ban tied up in court. Foie gras remains available on the menu at many New York restaurants for the time being62. The final outcome hinges on pending appeals and possibly legislative action at the state level. Political Standoff: The feud put Mayor Eric Adams and Governor Kathy Hochul at odds. Adams (a near-vegan who champions animal rights) remains eager to enforce the ban, framing it as a stand against cruelty. Hochul’s administration, via the Agriculture Department, has sided with the farms; activists accuse her of prioritizing a “handful of duck farmers” over the overwhelming NYC public opinion44. This city-versus-state conflict is unusual and has drawn wide attention, with each side sticking to its principles – animal welfare and home rule on one side, economic protectionism and state supremacy on the other. Continued Activism: Animal rights organizations have not relented. VFAR and others continue public awareness campaigns, and even direct actions still occur. For example, in October 2022 activists staged a disruption at a Manhattan restaurant’s $250-per-plate foie gras tasting event (“FoieGone”) to remind everyone that the fight was not over6364. Advocates also rally at court hearings and organize letter-writing to state officials. They see the eventual implementation of the ban as symbolic of humane values triumphing in NYC. Industry and Allies: Foie gras producers have meanwhile ramped up their public relations – offering tours of their farms to media and lawmakers, asserting improvements in animal care as a result of the scrutiny. “The challenges to foie gras have certainly made us a better company, a better farm,” said Marcus Henley of Hudson Valley Foie Gras19. The farms emphasize their contributions to the local economy and warn that if they shut down, hundreds of jobs would vanish and an entire region would suffer36. They’ve found allies in some upstate legislators and agriculture lobbyists who echo that NYC should not dictate farming. Future Prospects: The legal trajectory in New York is still unfolding. An appellate court (and potentially New York’s highest court) will likely decide whether the foie gras ban can stand. If the courts ultimately rule that state law preempts NYC’s ban, the only path for a ban would be through New York State legislation. However, given the industry’s influence in Albany, a statewide foie gras ban appears politically unlikely in the near term. On the other hand, if NYC prevails in court, the ban on foie gras sales could finally be enforced, making NYC one of the few places in the world with such a prohibition (foie gras is banned in several countries and California)6549. Legacy of the Campaign: Regardless of the final outcome, the 2017–2022 NYC foie gras campaign made history. It demonstrated the growing power of the animal rights movement in local politics – turning what was once dismissed as a fringe issue into a law passed by a major city. It also forced a public conversation about how we balance animal welfare ethics with culinary tradition and economic interests. The campaign built a template for future animal protection efforts (through persistent grassroots organizing, broad coalitions, and savvy use of public opinion) and put other industries on notice that practices deemed cruel may face increasing political challenges. As activist Matt Dominguez reflected, the foie gras fight showed that “empathy can be translated into tangible policy”, even if enacting that policy has proven to be a protracted battle21. Sources: New York City Council legislative records and media reports on Intro 1378 (2019)662228 Animal advocacy organizations’ accounts of the campaign (VFAR, Farm Sanctuary, LCA, IDA)62567 The New York Times and local news coverage of the Council vote and reactions3312 Statements from key figures: Council Member Carlina Rivera12, Council Speaker Corey Johnson68, and Health Chair Mark Levine21 Public opinion data and endorsements for the ban929 Testimony and commentary from foie gras producers (Hudson Valley Foie Gras, La Belle Farm) and chefs in opposition2819 Legal documents and analyses of the state preemption conflict (NY Ag & Markets Law §305-a) and court rulings (2022–2023)475051 Coverage of the ongoing city-state battle in outlets like Eater NY, The Guardian, and Politico483052. 1 2 5 6 7 8 14 15 21 23 32 33 68 How NYC Activists and Lawmakers Achieved a Foie Gras Ban in the Nation's Gastronomic Capital - Their Turn https://theirturn.net/2019/11/07/foie-gras-ban-New-York/ 3 17 24 25 Last Chance for Animals - LCA Blog - Victory: New York City Council Passes Foie Gras Ban! https://www.lcanimal.org/index.php/blog/entry/victory-new-york-city-council-passes-foie-gras-ban 4 10 19 30 31 34 35 36 37 38 39 44 51 55 56 57 58 60 New York City and state fight over foie gras ban | New York | The Guardian https://www.theguardian.com/us-news/2023/sep/01/new-york-foie-gras-ban-eric-adams-kathy-hochul 9 11 13 22 29 66 67 New York City Bans Foie Gras! https://www.idausa.org/campaign/farmed-animal/latest-news/new-york-city-bans-foie-gras/ 12 26 27 28 NYC Council Votes to Ban Foie Gras https://www.grubstreet.com/2019/10/nyc-foie-gras-ban.html 16 The Fight to Ban Foie Gras in NYC - Farm Sanctuary https://www.farmsanctuary.org/news-stories/ban-foie-gras-in-nyc/ 18 20 41 42 43 59 farrellfritz.com https://www.farrellfritz.com/wp-content/uploads/2024/09/NYLJ-Court-Annuls-New-York-Citys-Foie-Gras-Ban-In-Support-of-States-Right-To-Farm-Laws-JA.pdf 40 48 49 65 NYC Foie Gras Ban Overturned — For Now | Eater NY https://ny.eater.com/2022/9/20/23362802/foie-gras-wont-be-outlawed-in-nyc 45 47 50 52 53 54 61 62 Can New York City Ban the Sale of Foie Gras? https://reason.com/volokh/2023/08/28/can-new-york-city-ban-the-sale-of-foie-gras/ 46 Foie Gras Faux Pas: City Runs A-fowl of State Farming Protections https://www.jdsupra.com/legalnews/foie-gras-faux-pas-city-runs-a-fowl-of-5382316/ 63 64 Animal Rights Activists Disrupt Foie Gras Tasting Event at David ... https://theirturn.net/2022/10/29/animal-rights-activists-disrupt-foie-gras-event-david-burke/