The California foie gras statute provides,
A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size.
Today, in Association des Eleveurs de Canards et D’Oies du Quebec v. Harris (C.D. Cal.), Judge Stephen V. Wilson interpreted this not to include situations where
- The Seller is located outside of California.
- The foie gras being purchased is not present within California at the time of sale.
- The transaction is processed outside of California (via phone, fax, email, website, or
otherwise).- Payment is received and processed outside of California, and
- The foie [gras] is given to the purchaser or a third-party delivery service outside of
California, and “[t]he shipping company [or purchaser] thereafter transports the product to the recipient designated by the purchaser,” even if the recipient is in California.
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