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Association des Éleveurs de Canards et D'Oies du Quebec v. Harris

ELR Citation: 45 ELR 20003
Nos. 2:12-cv-5735, (C.D. Cal., 01/07/2015) (Wilson, J.)

A district court struck down California's sales ban on foie gras—a delicacy made from fattened duck liver. Foie gras producers and sellers argued that the federal Poultry Products Inspection Act (PPIA) preempts the ban, Cal. Health & Safety Code §25982, and the court agreed. The PPIA expressly prohibits states from imposing an "ingredient requirement" that is in addition to or different than those imposed by the PPIA. Cal. Health & Safety Code §25982 expressly regulates only the sale of products containing certain types of foie gras products—i.e., foie gras from force-fed birds. But it does not ban the practice of force feeding; this practice is the subject of a separate provision. The court ruled that a sales ban on products containing a constituent that was produced in a particular manner is an ingredient requirement under the Act. California cannot regulate foie gras products ingredients by creatively phrasing its law in terms of the manner in which those ingredients were produced. Accordingly, the PPIA expressly preempts §25982.