State to appeal overturning of foie gras ban

Foie gras torchon with jerk spices and guava jelly at Dirty Habit in San Francisco on Wednesday. Foie gras torchon with jerk spices and guava jelly at Dirty Habit in San Francisco on Wednesday. Photo: Michael Macor / The Chronicle Photo: Michael Macor / The Chronicle Image 1 of / 13 Caption Close State to appeal overturning of foie gras ban 1 / 13 Back to Gallery

California Attorney General Kamala Harris came to the defense of a statewide ban on foie gras sales Wednesday, serving notice that the state will appeal a federal court ruling striking down the ban.

Harris’ office declined to comment on the move, but the appeal had been widely expected after U.S. District Judge Stephen Wilson in Los Angeles ruled last month that the state prohibition on the fatty liver dish, made from force-fed ducks and geese, encroached upon the regulatory authority of the federal government.

Lawmakers passed the groundbreaking ban in 2004, arguing that foie gras production is inhumane. The law, which outlaws the force-feeding of poultry for the purpose of enlarging their livers and selling them, took effect eight years later and dealt a blow to California’s culinary scene.

Animal rights groups praised Wednesday’s move, which sends the case to the Ninth U.S. Circuit Court of Appeals in San Francisco. “California has the right to ban the sale of such a cruel and inhumane product,” said Paul Shapiro of the Humane Society of the United States.

Two attorneys who represented foie gras farmers in Canada and New York who joined in challenging the law said in a statement, “We're very confident that the district court's judgment will be upheld on appeal. ... California does not have the right to ban wholesome, USDA-approved poultry products, whether it's foie gras or fried chicken.”

The Jan. 7 decision to overturn the state prohibition was based on the argument that California had overstepped its authority under the federal Poultry Products Inspections Act. The law dictates the terms for sale and distribution of birds, and puts federal regulators in charge of most aspects of the trade. The January ruling applied only to the sale of foie gras, and production in California remains prohibited.

Since the January ruling, many California restaurants have put foie gras back on the menu. Several spots offered celebratory meals the week after the ban was overturned.

Kurtis Alexander is a San Francisco Chronicle staff writer. E-mail: kalexander@sfchronicle.com Twitter: @kurtisalexander