California Health and Safety Code (Sections 25980 - 25984 inclusive) makes it illegal to either:
- Force feed (gavage) a bird, including but not limited to duck or goose, for the purpose of enlarging the size of the living within the State of California, or
- Sell a product in California if it is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size.
Fines for violating the ban include up to $1,000 per violation and $1,000 a day as long as violations of the ban continue to occur.
Chicago banned the sale of Foie Gras in 2006, only to overturn the ban in 2008. The Chicago City Council repealed the ban as residents complained that the foie gras ban was an example of officials trying to micromanage people's lives.
Hudson Valley Foie Gras, a California company that processes over 250,000 ducks yearly have been considering filing a lawsuit challenging the California ban on the grounds that their practices on ducks are being singled-out as compared to similar practices on cattle of chicken occurring regularly throughout California and the United States.