One restaurant in San Francisco’s Presidio Park (National Park), claims that the newly instated Foie Gras ban (duck liver) doesn’t apply to those under federal jurisdiction. And they might have a point. The Foie Gras ban is a state level ban where the may not fall into that category.
According to the SFGate:
A Bay Area restaurant is adding foie gras to its menu despite a new California law banning the sale of the delicacy. But the owner of the restaurant says the state can’t stop him.
Presidio Social Club is in San Francisco’s Presidio, a national park under federal jurisdiction. That, according to the restaurant’s management, makes it exempt from the state legislation that went into effect July 1 forbidding the sale of any product made from a force-fed bird.
“We’re not trying to exploit a loophole or out to break the law,” said Ray Tang, owner of the American comfort-food-style restaurant. California’s prohibition simply doesn’t apply to Presidio Social Club, he said.
The restaurant is the first to claim territorial rights to sell duck liver, opening the door for other national park and Indian casino restaurants to adopt similar plans – and adding fuel to opponents’ arguments that the statute has many holes in it.
Duck farmers, a restaurant group and a trade organization have united to sue the state, calling the law unconstitutional, and have asked the courts to temporarily stop enforcing the statute until the case has been litigated. A Los Angeles judge is expected to rule in a few weeks whether to grant the restraining order.