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State Appeals Fed Ruling Allowing Foie Gras Again After Previous Ban

SACRAMENTO (KCBS) -- State Attorney General Kamala Harris decided on Wednesday to appeal last month's federal court ruling that made foie gras legal again in California.

The state previously banned the force-feeding of geese to fatten their livers to produce foie gras--that went into effect in 2012. But a group of Canadian foie gras producers and restaurant in South Los Angeles sued in federal court, and on Jan. 7 a district judge overturned the law and saying it conflicted with federal law that governs poultry production.

Now Harris is asking the 9th U.S. Circuit Court of Appeals in San Francisco to reinstate the ban.

Attorney Kelsey Eberly, with the Animal Legal Defense Fund, told KCBS that Harris is doing the right thing.

"We're applauding the Attorney General's Decision to appeal this misguided decision,"she

She said that district's court decision was "clearly wrong"

"We're confident that the 9th Circuit will read the law correctly as being a broad animal protection measure that's meant to product ducks from this extreme form of animal cruelty and that it has nothing to do with meat ingredients which is the basis of the district court's decision," Eberly said.

While the 9th Circuit considers the case, foie gras will remain legal in California and many restaurant owners have celebrated its return to their menu.

Foie gras producers say they are confident they will win in the appeals court. The losing side is likely to take the case to the U.S. Supreme Court.

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