Sullivan County Foie Gras Farms Make Final Appeal To New York’s Highest Court

By Patricio Robayo

FERNDALE — Two Sullivan County foie gras producers are asking New York’s highest court to hear their challenge to New York City’s ban on foie gras sales, arguing the case could have consequences far beyond their farms.

La Belle Farm in Ferndale and Hudson Valley Foie Gras have filed an appeal with the New York State Court of Appeals after the Appellate Division earlier this year ruled that New York City could move forward with its foie gras sales ban. The appeal follows a series of legal setbacks after the appellate court overturned an earlier decision by the New York State Department of Agriculture and Markets, which had found the city’s law conflicted with state protections for farms operating in agricultural districts.

“So now our only option is to appeal to the Court of Appeals so they can hear our case,” said Sergio Saravia, co-owner of La Belle Farm.

Saravia said taking the case to the state’s highest court is essential to the future of both Sullivan County farms.

“It’s practically an existential thing for us,” he said. “If the biggest market goes away from us, that means firing our employees, and it’s devastating for the company and the other businesses in Sullivan County because it affects everything here.”

Together, La Belle Farm and Hudson Valley Foie Gras are among the largest producers of foie gras in the United States. The farms say New York City represents one of their most important markets and supports hundreds of jobs, along with businesses that supply feed, equipment, transportation and other services throughout Sullivan County.

Saravia said the case extends beyond foie gras and could shape how local governments regulate agricultural products produced elsewhere in New York.

“The outcome is detrimental, not just for ducks, it’s for every sort of farming in New York State,” he said.

The legal dispute centers on Agriculture and Markets Law Section 305-a, which protects farms in designated agricultural districts from unreasonable local regulation.

In 2022, Agriculture Commissioner Richard Ball determined New York City’s foie gras sales ban violated that law after the Department of Agriculture and Markets reviewed operations at the Sullivan County farms. However, the Appellate Division later ruled that the commissioner had misinterpreted the statute, finding that New York City’s law regulates sales within the city rather than farming practices themselves.

Saravia said Agriculture and Markets officials spent time at the farms before reaching their decision.

“They’re the ones that came out and saw our farming practices,” he said. “They were educated when they made this order.”

Animal welfare organizations have long supported New York City’s ban, arguing that producing foie gras is inherently inhumane.

PETA says foie gras production requires ducks or geese to be force-fed through tubes inserted into their throats several times a day during the final weeks of their lives, causing their livers to enlarge well beyond their normal size.

The organization argues the process causes unnecessary suffering and has described foie gras as “a product of cruelty.” New York-based advocacy group Voters For Animal Rights has similarly argued that New York City has the authority to prohibit the sale of products it believes are produced through animal cruelty.

Saravia disputes those claims, saying the farms have significantly changed their production methods over the years.

“Everything has improved,” he said. “The tube is nothing compared to the size that it was, and it’s not metal, it’s rubber. The workers are trained better. Everything has improved.”

He said workers inspect each duck before feeding and do not feed birds that have not yet digested their previous meal.

“We’re not in the business of throwing away money,” Saravia said. “Without a good product, you don’t have a business.”

Saravia also said New York City officials declined invitations to visit the farms before approving the ban.

“We took the buses and we said, ‘Before you pass this, come meet our workers, meet the farmers and see how the ducks are treated,'” he said. “They didn’t want to come.”

The years-long legal battle has also affected the farms’ ability to plan for the future, Saravia said.

“You don’t know how much money you can invest because you don’t know if you’re going to be able to continue doing business because of things like this,” he said.

If the Court of Appeals declines to hear the case or ultimately rules against the farms, Saravia said the legal fight will not end.

“It doesn’t end for us,” he said. “We’ve got to find a different way to fight now.”

For now, New York City’s foie gras sales ban remains on hold under an existing court injunction while the litigation continues. The New York State Court of Appeals has not yet decided whether it will hear the appeal.

Photo by: Patricio Robayo