New York City can ban foie gras sales, a state court ruled Thursday — the latest twist in a long-running saga that could clear the delicacy from local French restaurants’ menus.
But the bombshell appeals court decision still doesn’t mean the fatty French pâté will be barred in the Big Apple anytime soon, The Post has learned.
Judges at the mid-level Appellate Division for the Third Department found that Albany cannot stop the city’s 2019 ban on selling the succulent treat — which is made from the fattened livers of force-fed ducks or geese — just because of negative impacts to farmers in upstate districts.
“Nothing supports the conclusion that the Legislature intended for local governments’ lawmaking authority under home rule to be limited by potential effects to agricultural districts elsewhere in the state,” the panel ruled in a 5-0 decision.
Gov. Kathy Hochul’s administration — which has been locked in a legal battle with the city over the issue for years — must now decided whether to ask the state’s highest court, the Court of Appeals, to take the case.
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And the Big Apple is currently barred — as a result of a separate lawsuit filed by the foie gras industry — from enforcing the ban until it wins a final, non-appealable order in that case, a city Law Department spokesman told The Post.
Thursday’s ruling came after a lower level Albany court sided with the state and threw out the foie gras ban in June 2024.
The city first tried to shelve foie gras sales in October 2019 under Mayor Bill de Blasio, when the City Council approved the measure as part of a sweeping package of animal rights bills that also included tightening the reins on the horse carriage industry.
Animal rights activists – who cheered Thursday’s decision – argue that producing foie gras is inhumane because it involves force feeding geese or ducks by inserting a foot-long tube filled with grain and fat into the fowl’s throats multiple times per day.
“Today’s ruling not only upholds the city’s ability to make decisions in the best interest of its residents, human and nonhuman alike, but also shows the power of citizens coming together for justice and compassion,” said Allie Taylor, President of Voters For Animal Rights, in a statement.