California’s law banning foie gras and other products made from force-fed birds is not preempted by the federal Poultry Products Inspection Act, since that act only prohibits states from imposing ingredient requirements, as opposed to restrictions on animal husbandry practices. The Poultry Products Inspection Act (21 U.S.C. § 467e) prohibits states from imposing “ingredient requirements” that were “in addition to, or different than,” the federal law and its regulations. This statute does not expressly preempt California Health & Safety Code 25982 which forbids sale of products made from force-fed birds, such as foie gras, since “ingredients” refers to physical components of the product, not animal husbandry or feeding practices. Also, the federal act does not preempt the field of poultry raising. Nor does California’s law stand as an obstacle to accomplishing any purpose of the federal act. So California law is not preempted.
Ninth Circuit Court of Appeals (Nguyen, J.); September 15, 2017; 2017 WL 4080472