Yes, foie gras is illegal to produce and sell in California when it comes from force-fed birds, and has been enforceable as such since July 1, 2012. But the ban is narrower than most people think. Personal possession has never been a crime, and a 2020 federal ruling confirmed that California residents can legally buy foie gras from out-of-state sellers and have it shipped home.
What the Ban Covers
Two companion statutes do the work. One makes it illegal to force-feed a bird to enlarge its liver, or to hire someone to do it.1California Legislative Information. California Health and Safety Code HSC 25981 The other bans the sale within California of any product that resulted from force-feeding.2California Legislative Information. California Health and Safety Code HSC 25982 The law originated in Senate Bill 1520, signed by Governor Arnold Schwarzenegger in 2004, with an eight-year grace period before the prohibitions took effect.
Violations carry civil penalties of up to $1,000 per offense, plus an additional $1,000 for each day the violation continues.3Justia Law. California Health and Safety Code Chapter 13.4 – Force Fed Birds Each sale counts separately, so a restaurant serving foie gras to ten tables in one night is exposed to $10,000 in fines from that evening alone. Courts can also issue injunctions, and ignoring one exposes a business to contempt.
Federal preemption challenges from producers failed. The Ninth Circuit upheld the California law in 2017 on the ground that the federal Poultry Products Inspection Act regulates the components of poultry products, not how birds are raised or fed, and the U.S. Supreme Court declined to hear the appeal in January 2019.4United States Court of Appeals for the Ninth Circuit. Association des Eleveurs de Canards et d’Oies du Quebec v. Becerra
The Force-Feeding Definition Matters
The ban turns on how the bird was fed, not on the product itself. The statute defines force-feeding as causing a bird to eat more than it would voluntarily consume, including delivering feed through a tube inserted into the esophagus.5California Legislative Information. California Health and Safety Code Chapter 13.4 – Force Fed Birds Foie gras produced from birds fattened through natural processes is not covered.
Schwarzenegger’s signing message made this explicit: the intent was to ban “forcing a tube down a bird’s throat,” not the food itself. A handful of producers outside the United States raise birds that gorge naturally before migration and develop fattened livers without gavage. That product falls outside California’s statute, though supply is limited and prices run well above conventionally produced foie gras.
Ordering Foie Gras From Out of State
In 2020, U.S. District Judge Stephen V. Wilson ruled that California’s ban does not reach transactions that occur entirely outside the state. When the seller is located outside California, the product is not physically in California at the time of purchase, and the item is handed to a third-party shipper outside the state, the sale does not violate California law. The judge saw “no principled way to distinguish between foie gras purchased out of state and transported into California by the purchaser and that which is delivered by a third party.” The Ninth Circuit upheld this framework in 2022.
The practical result: California residents can legally order foie gras online from vendors in other states and have it delivered to their homes.
Possession, Travel, and the Resale Line
Personal possession has never been illegal in California. The statutes ban production and sale, not owning or eating. You can buy foie gras on a trip to another state, pack it in your luggage, and bring it home. The TSA allows meat products in both carry-on and checked bags.6Transportation Security Administration. Fresh Meat and Seafood
Resale is where the line hardens. Once foie gras is in California, it cannot be sold within the state, even if the original purchase was lawful. You can eat it at home or serve it at a dinner party. You cannot sell it to a neighbor, supply it to a restaurant, or list it on a secondary market. Restaurants and retailers operating in California remain fully barred from selling or serving foie gras regardless of where they sourced it.
Restaurants Offering It as a “Gift”
Some restaurants have tried to sidestep the ban by presenting foie gras as a complimentary gift with a meal or as a perk of a private dining membership, arguing the statute only prohibits sales. This is legally risky. Prosecutors can argue that giving foie gras exclusively to paying customers makes it part of the transaction whether or not it appears as a separate charge. No court has endorsed the workaround.
Who Enforces the Ban
District attorneys and city attorneys in the jurisdiction where a violation occurs are authorized to prosecute.3Justia Law. California Health and Safety Code Chapter 13.4 – Force Fed Birds The California Attorney General can step in when local enforcement lags.7United States Court of Appeals for the Ninth Circuit. Association des Eleveurs de Canards et d’Oies du Quebec v. Harris Local health departments may spot violations during routine restaurant inspections. Civil penalty payments go to the agency that initiated the action.
The statute has no private right of action, so animal advocacy groups cannot sue restaurants directly. Instead, groups like the Animal Legal Defense Fund and PETA gather menus, receipts, and recorded interactions and pass the evidence to prosecutors. Law enforcement has also run its own sting dinners at suspected restaurants.
Enforcement has reached online sellers as well. In 2018, Amazon settled with the Los Angeles, Monterey, and Santa Clara County district attorneys, agreeing to stop selling force-fed foie gras in California, block third-party listings, actively police the platform, and pay $100,000 in penalties and costs.8Los Angeles County District Attorney’s Office. District Attorneys Reach Settlement With Amazon to Prohibit Force Fed Foie Gras Sales in California The Attorney General’s office has issued cease-and-desist letters to other businesses advertising to California buyers, though the 2020 ruling on out-of-state direct sales makes those lines harder to police.
The Bottom Line for California Buyers
You will not find foie gras on any restaurant menu or retail shelf operating lawfully in California. If you want it, two legal paths remain: order from an out-of-state vendor for home delivery, or buy it while traveling and bring it back yourself. Keep it for personal use. Selling it inside California, in any form, puts you on the wrong side of the statute.