THE CITY OF NEW YORK -against- RICHARD A. BALL and NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
The New York State Supreme Court upheld New York City’s “Local Law 202,” which prohibits restaurants and food retailers from selling or serving foie gras and other force-fed products in the city. The decision came in a special proceeding challenging the Commissioner of Agriculture and Markets of the State of New York (“Commissioner”), who determined that Local Law 202 violates state law by unreasonably restricting or regulating farming operations in the two agricultural districts where foie gras is produced in New York state. Acting Justice of the Supreme Court Richard Platkin “annulled as arbitrary and capricious” the Commissioner’s determination and remitted applications for review of the law back to the state.
[To accompany Case Law Update "New York Supreme Court Upholds NYC Ban on Sales of Foie Gras" from Brooks Animal Law Digest Issue No. 202]