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Rabbit Advocacy Animal Matters
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Judge strikes down California foie gras ban Wednesday, January 7, 2015 SF Gate Menus across the Bay Area were being hastily rewritten Wednesday after a federal judge struck down California’s ban on foie gras, allowing restaurants to serve up the delicacy for the first time in two years. U.S. District Court Judge Stephen Wilson in Los Angeles ruled that the state law prohibiting the production and sale of foie gras, a fatty liver dish made from force-fed ducks and geese, overreached — and illegally encroached upon the regulatory domain of the federal government. California lawmakers passed the uncommon ban in 2004 amid concern that force-feeding poultry is inhumane. The law took effect eight years later, immediately putting a crimp in California’s dining scene, where the French-inspired paté is celebrated at many high-end restaurants. “It goes on the menu tonight,” said Ken Frank, chef and owner of Michelin Star La Toque in Napa. “All of my sous chefs are jumping up and down. This means chefs in California can cook with their favorite ingredient, just like chefs everywhere else in the world.” Wednesday’s decision was based on the federal Poultry Products Inspections Act, which regulates the sale and distribution of birds and expressly prohibits states from imposing certain conditions on food production. Wilson said California’s law had done just that. Last year, the courts dismissed a different argument against the ban that claimed it interfered with interstate commerce. The U.S. Supreme Court in October denied review of that ruling. The ban, which specifically outlawed force-feeding birds for the purpose of enlarging their livers and selling them, was challenged by poultry producer Hudson Valley Foie Gras of New York, Hot’s Restaurant Group in California and the trade organization Association des Eleveurs de Canards et d’Oies du Quebec. The state Attorney General’s office defended the law. In Wednesday’s ruling, Wilson acknowledged that emotions ran high over the matter, writing that his 15-page decision “touches upon a topic impacting gourmands’ stomachs and animal-rights-activists’ hearts.” A spokesman for the state attorney general’s office said the agency was reviewing the decision. An appeal is possible. Animal-rights group People for the Ethical Treatment of Animals was quick to criticize the ruling. “Foie gras is French for 'fatty liver,’ and 'fathead’ is the American word for the shameless chefs who actually need a law to make them stop serving the swollen, near-bursting organ of a cruelly force-fed bird,” the organization said in a press statement. But Marcus Henley, operations manager for Hudson Valley Foie Gras, defended the production of foie gras as humane and in compliance with all U.S. regulatory standards. “We’ve always contended and have had a lot of support from veterinarians and farmers that our process is acceptable agriculture,” he said. Roland Passot, the chef and owner of La Folie in San Francisco was one of the first to get in touch with Hudson Valley Foie Gras on Wednesday. “As soon as I heard the news, I placed my order. I think a lot of people will be excited,” Passot said. “Lots of people asked about it, and we did it for friends and regulars. ... But it was very difficult to not to do foie gras on a regular basis.” ######## July 17, 2020 Judge: Californians can buy foie gras from out of state LOS ANGELES -- A federal judge has ruled that California residents can again legally buy foie gras, provided the product and transaction are made out of state, but they still can’t get the delicacy in restaurants. Read more: https://abcnews.go.com/US/wireStory/correction-foie-gras-ban-story-71834881 ANIMAL LIBERATION * HUMAN LIBERATION When animals are treated as commodities their welfare will always be compromised. |