Courts Side With NYC in Foie Gras Ban as Legal Fight Heads to State’s Top Court

FERNDALE — Sergio Saravia, president of La Belle Farms, says his Sullivan County duck farm will continue its legal fight against New York City’s foie gras ban after a recent appellate court ruling dealt a blow to the state’s earlier protection of the farm.

On March 17, the Appellate Division, Third Department, ruled that the New York State Department of Agriculture and Markets misapplied state law when it blocked New York City’s 2019 ban on foie gras sales. La Belle Farms and Hudson Valley Foie Gras have said they plan to challenge that ruling in New York’s highest court.

La Belle Farms is a fourth-generation, family-run duck farm on 40 acres in Sullivan County. Founded by the Saravia family in 1999, the farm is one of the few in the country producing foie gras and premium duck meat, employing hundreds of workers and partnering with area businesses across the region.

Foie gras, French for “fat liver,” is produced by feeding ducks in a way that enlarges the liver during a specific stage of their life cycle. Saravia said modern practices at La Belle and Hudson Valley Foie Gras use a smaller, flexible rubber tube to deliver a liquid feed, replacing older metal feeding tubes used decades ago, which he said has improved the process and animal care.

In an interview with Radio Catskill, Saravia called the decision “devastating” and said the farm has no choice but to keep appealing.

“It’s not a matter of choice for us, it’s existence,” Saravia said. “We have families that I’ve been working with in this farm for decades. You don’t turn your back on that.”

Saravia said La Belle can still sell foie gras in New York City for now because a separate injunction remains in place while the litigation continues. He said the farms plan to exhaust every available legal option.

The dispute centers on whether New York City can ban the sale of a product tied to a farming practice that takes place outside city limits. Saravia argues the city is trying to regulate agricultural activity in Sullivan County under the banner of animal welfare.

“There are no ducks in New York City,” he said. “They went beyond their jurisdiction by doing what they did.”

Saravia also warned of major economic consequences if the ban is ultimately upheld. He said the impact would extend beyond La Belle and Hudson Valley Foie Gras to hundreds of workers, local landlords and businesses that supply the farms. He described a potential domino effect across Sullivan County, where scaling back or shutting down operations would also hit local vendors that provide feed, farming equipment and other services tied to the farms’ day-to-day operations.

“Between La Belle and Hudson Valley, you’re talking about close to 700 workers,” Saravia said. “Economically, Sullivan County’s economy is huge for farming as a whole, and this is detrimental.”

Saravia rejected criticism from animal rights advocates who say foie gras production is cruel. He said La Belle has long invited officials and others to visit the farm and see its practices firsthand, adding that the city never took the time to do so.

“We’re not this cruel and inhumane people,” he said. “New York City never took the time to come here and see what we truly are.”

For Saravia, the case now goes beyond foie gras alone. He said the ruling could set a broader precedent for farms across the state.

“We’re not going to give up because we’re fighting for almost every farmer now,” he said.

Hudson Valley Foie Gras manager Marcus Henley added that it becomes difficult for farms when municipalities adopt different restrictions on products that are otherwise legal under state law. The farm’s attorney also called the ruling unprecedented, warning it could leave farms across New York vulnerable to similar local sales bans.

According to court documents, the appellate decision found that the state agency overreached in blocking the city’s law, clearing the way for further legal review as the case heads toward the Court of Appeals. The judges determined that the city’s law regulates sales within New York City rather than farming practices themselves, meaning any impact on upstate farms would be indirect and financial, not a direct restriction on agricultural operations.

The court also said New York’s strong home rule tradition, finding that local governments retain the authority to regulate products sold within their borders, even if those decisions have economic effects beyond city limits.

Image: Sergio Saravia, president of LaBelle Farms, stands on the steps of New York City Hall in 2019, protesting New York City’s foie gras ban Photo by: Patricio Robayo