The foie gras ban in New York City is on the books but not yet enforced. The City Council passed it in 2019, the state’s highest court cleared it in March 2026, and a separate producer lawsuit has kept an injunction in place blocking enforcement until the case produces a final, nonappealable order. Until that injunction lifts, restaurants and retailers in the five boroughs can still legally sell foie gras. Once it lifts, fines start immediately — the law’s three-year grace period expired back in 2022.
What the Ban Actually Covers
NYC Administrative Code § 17-1902 bars any retail food establishment or food service establishment from storing, offering for sale, or selling any force-fed product or food containing one.1New York City Administrative Code. New York City Administrative Code Title 17 Chapter 19 – Prohibited Conduct A “force-fed product” means anything from a bird that was force-fed to enlarge its liver, and “force-feeding” means delivering food through a tube or device inserted into a bird’s esophagus to grow the liver beyond normal size.2New York City Administrative Code. New York City Administrative Code Title 17 Chapter 19 – Definitions
The ban reaches commercial activity only. Buying foie gras outside the city and eating it at home carries no penalty. The law targets businesses that sell or serve food, not individual consumers.
Where Enforcement Stands in 2026
On March 12, 2026, the New York State Court of Appeals affirmed that the ban can take effect, closing out a long preemption fight brought by state agriculture regulators and upstate producers. That ruling removed the main state-law obstacle.
Enforcement still hasn’t begun. A separate lawsuit filed directly by foie gras producers obtained an injunction that bars the city from enforcing the ban until there is a “final, nonappealable” order in the state-level case. As of mid-2026, that injunction remains in place while the producers work through their remaining appeals. Foie gras is still appearing on menus across the city for now.
When the injunction lifts, the Department of Health and Mental Hygiene and the Department of Consumer and Worker Protection can begin issuing violations right away. There is no new grace period waiting on the other side; the original three-year transition window ran out on November 25, 2022.
Penalties for Selling Foie Gras
Violations carry civil penalties between $500 and $2,000 per offense.3New York City Administrative Code. New York City Administrative Code Title 17 Chapter 19 – Enforcement Each violation counts separately, and for an ongoing violation, each day can be treated as its own offense. A restaurant that keeps foie gras on the menu for a week could face seven stacked penalties of up to $2,000 each.
The two agencies split the work by business type. The Department of Health and Mental Hygiene handles food service establishments — restaurants, caterers, and similar operations. The Department of Consumer and Worker Protection covers retail food establishments like grocery stores and specialty shops.3New York City Administrative Code. New York City Administrative Code Title 17 Chapter 19 – Enforcement
How a Violation Gets Processed
Enforcement starts with a notice of violation served on the business and returnable at the Office of Administrative Trials and Hearings (OATH).3New York City Administrative Code. New York City Administrative Code Title 17 Chapter 19 – Enforcement You respond by the hearing date on the summons. If you fail to appear, OATH enters a default finding and can impose a higher fine.4Office of Administrative Trials and Hearings. Hearings and Defaults – OATH
Violations surface during routine health and safety inspections and through 311 complaints routed to the Department of Health and Mental Hygiene. An inspector who sees “foie gras” on a menu or shelf label doesn’t have to prove the product came from a force-fed bird. The statute does that work automatically, and the burden shifts to the business to prove otherwise.
The “Foie Gras” Label Presumption
Any product labeled “foie gras” or listed that way on a menu is presumed to be a force-fed product.1New York City Administrative Code. New York City Administrative Code Title 17 Chapter 19 – Prohibited Conduct The presumption is rebuttable, but only with documentary evidence showing the product was not produced through force-feeding.
The statute doesn’t spell out which documents qualify. Supplier certifications, production records, and third-party audits of farming practices are the kinds of proof that would be relevant. This matters for businesses selling so-called ethical foie gras or fattened-liver products made without gavage: the name on the menu triggers the presumption on its own, so the paperwork needs to be ready before an inspector asks for it.
What Sellers Should Do Now
The injunction is the only thing keeping the ban dormant, and it is tied to the end of an appeals process that is already running out of room. Sellers who want to keep offering foie gras up to the last legal day should at minimum track the status of the producers’ case, prepare documentation for any product that might rebut the force-feeding presumption, and plan menu and inventory changes they can execute quickly once the injunction is dissolved. Nothing in the law offers a soft landing after that point.