12.15.22 - New York State Department of Agriculture and Markets Orders NYC to Drop Foie Gras Sales Ban
' Hudson Valley duck farmers, organized as the Catskill Foie Gras Collective, announced today that the New York State Department of Agriculture and Markets has ruled that NYC’s proposed ban on the sale of foie gras in NYC restaurants and retail stores violates State law. The Department has issued an Order directing that New York City “immediately comply with the provisions of Section 305-a of the Agriculture and Markets Law” and refrain from taking any action “that would restrict [the farmers’] ability to sell their product in the New York City market.”
Agriculture and Markets Law § 305-a prohibits municipalities, like New York City, from enacting laws that unreasonably restrict farming operations in certified agricultural districts. The Hudson Valley duck farms are located within certified agricultural districts. The Department issued its Order after investigating the farmers’ complaint that NYC’s sales ban, which is known as Local Law 202, would unreasonably restrict their operations.
“After reviewing our complaint, the Department of Agriculture has determined the City’s proposed actions do, in fact, violate New York State Law,” said Marcus Henley, a spokesperson for the Catskill Foie Gras Collective. “We are extremely grateful that the Department has taken this action, as hundreds of Sullivan County farm worker jobs were hanging in the balance.”
Local Law 202 would have become effective on November 25, 2022, but in a separate lawsuit, a Manhattan judge issued a preliminary injunction that enjoins the City from enforcing the law pending further proceedings in that suit. Had Local Law 202 gone into effect at that time, the sales ban would have caused millions of dollars in revenue loss to the State, New York City, restaurants, wholesale distributors, retail store owners, and related transportation companies.
“On a broader scale, the order stops local municipalities from establishing a dangerous precedent of dictating to us what farmers can grow and what people can eat,” added Henley. “It’s great news for farmers and fine diners everywhere.” '