Ban Overturned by Federal Judge
Sullivan County, NY – July 15 2020 – The Catskill Foie Gras Collective, a consortium of duck farms in Sullivan County, NY and Canada announced today that they will begin selling foie gras to customers in California again after a federal judge ruling on Tuesday that overturned the ban.
California’s ban on the delicacy was challenged in court by Hudson Valley Foie Gras in New York, together with an association of Canadian foie gras producers, including Rougié, (and Chef Sean “Hot” Chaney) who said they lost nearly one-third of their total sales when the prohibition took effect in 2012.
Hudson Valley’s Vice President, Marcus Henley, is thrilled with the Court’s ruling. “We are gratified that the Court recognized that California’s misguided ban was never intended to apply to foie gras products from out‐of‐state producers that are shipped to happy consumers in California,” Henley said.
Nikola Smatrakalev, General Manager in Canada of major French producer Rougié, added, “This is a very welcome decision by the Court on Bastille Day, France’s National Day.” Foie gras is recognized under French law as part of its protected cultural and gastronomic heritage.
Sellers of foie gras outside of California will now resume sales inside the state through online and telephone channels as long as the foie gras originates from outside the state and payment is received and processed outside California. Sales from within the state are still prohibited.
The news represents a major victory for the foie gras industry which has been unfairly targeted by animal rights activists and lawmakers for misperceptions on how foie gras is produced.
“We are very grateful for this victory,” said Sergio Saravia, president of La Belle Farm. “This victory is symbolic that even in the most trying times, if we stand together, we will persevere.”
]]>Both in the news and on the internet, there’ve been a lot of misleading claims made about Foie Gras and its method of production. As people who work on the farms every day, we’d like to set the record straight about how the ducks are raised and handled, educate those looking to find out more accurate information, and clear up some erroneous you may have read.
Misconception: The feeding process is painful to the ducks.
Reality: No, it isn’t. Ducks have unique physiology, much different than humans. They don’t have a gag reflex. Their esophagus is designed to swallow whole, large, and often sharp fish. Our hand-feeding methods are stress-free, non-invasive, and cause no discomfort. We use a short plastic tube to deposit a small amount of wet, natural food in a feeding sac at the base of the duck’s throat. Ducks are never fed more than 9-ounces of grain at a time, which is less than half the capacity of their feeding sac.
Misconception: The livers used to make Foie Gras are diseased.
Reality: This is simply not true. Why would we serve anybody diseased livers? While it’s true in mammals that extra fat in the liver can be a problem, in waterfowl, a fatty liver causes no pain or sickness and is reversible. Ducks are uniquely adapted to store fat in their liver. They do it to save energy reserves for migration and times of scarce food supply, such as winter. A California court decision found that duck livers are not diseased. In addition, our farms regularly pass USDA inspections.
Misconception: Ducks are only raised for their livers.
Reality: That doesn’t make any economic sense. We make sure we use all parts of the duck including meat, feathers, and offal in high-quality duck meat, natural pet food, and other products. Nothing is wasted. We even donate our duck droppings to local farmers that they can use as fertilizer.
Misconception: Ducks are mistreated on the farm.
Reality: A mishandled duck risks getting bruised, which actually lowers the value of its meat. That’s why our employees are incentivized to be gentle with the birds. They are paid bonuses for delivering ducks that provided Grade A meat products. Up until the time of processing, our ducks are treated with the utmost care and compassion. They are housed in open spaces that are routinely cleaned and disinfected. Sick or hurt ducks are not good for business, so we take steps to prevent that from happening.
Misconception: Female duck chicks are killed just weeks after hatching.
Reality: This makes no economic sense. While it’s true female Moulard ducks don’t grow livers as well as males, it doesn’t mean they can’t be used for other meat products or for producing more ducklings. The truth is, our main focus is on Foie Gras production, so we sell a majority of our female ducks to other farms, where they are raised for meat. We do not wastefully kill them.
We are proud of the Foie Gras and other duck meats we produce at our family-run farms, as well as the innovative methods we have developed to raise our fowl in the cleanest, most stress-free environments possible.
Thanks for taking the time to learn the facts behind the production of our Foie Gras.
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BY: FOOD & WINE
READ ORIGINAL ARTICLEA California court once again upheld the ban, but the challengers still have options available.
Last year, when the U.S. Supreme Court’s choice to not weigh in on California’s foie gras ban led people to speculate that the battle was finally over, you’d have been wise to think that no, it’s definitely not. In fact, as soon as the Supreme Court announced its decision to keep the ban in place, the plaintiffs fighting it announced they’d continue their efforts. And they have, but without a ton of success. This week, the U.S. District Court for the Central District of California ruled again that the ban would be upheld.
“The latest challenge essentially recycled previous claims made by foie gras producers,” explained Kitty Block, president and CEO of the Humane Society, which supported the ruling. “The court, however, saw right through their tired arguments, finding that on the Commerce Clause claim the plaintiffs had brought ‘substantially the same challenges they brought up in the first case’ and that ‘the developed record does little to change our previous analysis.’”
And yet, even in defeat, the Catskill Foie Gras Collection—a consortium of duck farmers in Sullivan County, New York, and Canada working to overturn the ban—once again focused on a sliver of hope. “The court denied the challengers’ motion and granted California motion but gave the challengers 21 days to amend their claims as to foie gras products that are imported to California after being sold online,” the group wrote in a statement. “The challengers will appeal this latest ruling but, in the meantime, continue to look forward to having their day in court—and to proving the facts that will establish once and for all that the California ban is invalid and unconstitutional.”
After years of back and forth (the law took effect in 2012), it would seem unlikely at this point that the ban will be changed by future legal challenges; however, the plaintiffs are clearly ready to keep the battle alive by any avenue they can get—even if its focusing on something such as online sales. “This fight is not merely about foie gras, this is about our liberty to choose what we eat and for duck farmers like myself, it is also about our right to make a living,” Sergio Saravia, president of LaBelle Farms, a New York-based producer. “We will keep fighting to dispel all the misperceptions about our Farming practices and to uphold our rights as farmers and also uphold the rights of consumers in terms of their food choice.”
In the end, just because a court ruling can change the law doesn’t mean it can change people’s minds. That’s especially true when it comes to duck and goose liver.
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BY: JOHN LELAND
READ ORIGINAL ARTICLEA foie gras ban protects animals and slaps wealthy gourmands. But upstate, hundreds of low-wage immigrant laborers are bracing for the impact.
The foie gras truffle torchon at the Beatrice Inn in Greenwich Village is a decadent indulgence: four discs of silky duck-liver mousse paired with triangles of buttery toast, all arranged on a silver platter. The appetizer goes for $28 — a gateway, perhaps, to the menu’s $375 Porterhouse steak. The restaurant serves about 200 pounds of foie gras a week.
Read more via the link above…
Farmers Will Appeal Latest Ruling on Constitutional Claims
Sullivan County, NY. — January 15, 2020 — The Catskill Foie Gras Collective, a consortium of duck farms in Sullivan County, NY and Canada announced plans to fight yesterday’s Court dismissal of their challenge against California’s Foie Gras Ban.
“This fight is not merely about foie gras, this is about our liberty to choose what we eat and for duck farmers like myself, it is also about our right to make a living, said Sergio Saravia, President of La Belle Farms. “We will keep fighting to dispel all the misperceptions about our farming practices and to uphold our rights as farmers and also uphold the rights of consumers in terms of their food choice.”
Foie gras was first banned in California in 2012. In 2015 the federal court ruled that the California foie gras ban was unconstitutional based on a provision in a federal statute that prohibits states from imposing additional or different requirements on the ingredients in poultry products. The Ninth Circuit Court of Appeals reversed the decision but the district court’s injunction against enforcement of the ban remained in place until January of this year when the Supreme Court declined to hear the case. The case then returned to the district court, where it will continue to move forward.
Farmers will appeal this latest ruling but, in the meantime, they continue to look forward to having their day in court — and to prove the facts that will establish once and for all that the California ban is invalid and unconstitutional.
Chef Sean Chaney, co-owner of Southbay Restaurant and one of the plaintiffs of the original suit in 2012 said “California has no business telling people what wholesome meat and poultry products they can and cannot buy. This is America, not some totalitarian regime.”
]]>The following scientific paper outlines the evidence around the processes that are used to produce Foie Gras.
Report By: Guémené Daniel 1 , Guy Gérard 2 , Servière Jacques 3 and Faure Jean-Michel 1
- INRA, Centre de Tours-Nouzilly, URA, F-37380 Nouzilly,
- INRA, UE-PFG, 1076 Route de Haut Mauco, Artiguères, F-40280 Benquet.
- INRA-INA PG, UMR-PNA, 16 Rue Claude Bernard, F-75231 Paris.
The debate over foie gras has been marked by much emotion. Opponents of foie gras refer mainly to personal feelings and observations rather than from experimental approaches. Opponents generally assert that the “cruelty” is quite obvious and there is, therefore, no need for scientific investigation. In an effort to answer factually questions about the science of foie gras production on geese and ducks, French researchers, particularly from the National Institute of Agronomic Research in Nouzilly, France, have conducted numerous studies to objectively gauge the actual impact of foie gras production on animals and to scientifically assess the claims of foie gras opponents.
In this paper, we explore the hard science as it relates to three broad allegations made by opponents of foie gras. First, our paper will focus on scientific studies conducted into the occurrence of stress in ducks and geese and whether foie gras farming is “cruel” as opponents assert. Second, we will examine the pathological state of the livers produced. Third, we explore research done into whether or not foie gras is or is not “natural.”
I. Scientific Examination of Stress, Pain and Fear Levels in Force-Fed Ducks
While so much of the debate over foie gras has focused on how the force-feeding affects the birds involved, there has been relatively little examination of the available empirical scientific studies conducted. There does exist substantial data regarding whether and to what extent feeding techniques create stress, pain and fear in farmed waterfowl.
A. Does Force-Feeding Cause Stress?
latory systems of any organism in order to adapt to the new situation. This response involves several biological systems and emotional components. Stress may result in a permanent negative outcome, or it may involve energy expenditure in order to reach a new homeostatic status. When the stressing agent is sudden and does not last, one refers to acute stress. Chronic stress, on the other hand, refers to a lasting challenge. The main physiological indicators of stress are the modifications in corticosterone levels and changes in heart rate and arterial blood pressure, which are related to autonomic nervous system activation.
Stress levels in birds can be gauged through the measurement of corticosterone blood levels. (Faure et al., 1998, Guémené et al., 1998; 2001; 2006). The production of foie gras implies force-feeding, which requires placing a tubing in the esophagus in order to introduce a large amount of food in a few seconds, 2 or 3 times a day during a two to four week period, depending upon the species and procedure. In designing a study to measure stress induced by force-feeding, our research team developed a hypothesis that this practice could be at the origin of both acute and, due to its repetitive nature over time, chronic stress.
Clinical experimentation has shown that force-feeding does not induce any significant increase in plasma corticosterone levels in ducks kept in individual cages. In addition, 2 additional experiments have demonstrated that the corticotrope system remains fully functional during the force-feeding period. The ducks were still able to secrete corticosterone after a physical stress such as 15 minutes constrained in a net, demonstrating that the physiological status induced by overfeeding did not result in a blunted responsiveness of the alarm system (Guémené et al., 1998; 2001). In measuring corticosterone levels of ducks kept in group pens, clinical study showed no significant increase in stress levels except after the first instance of force-feeding and strongly suggested that increased stress measurements resulted from holding the ducks rather than from the actual force-feeding.
A similar conclusion regarding the absence of stress perception was drawn after recording the heart rate, as no acceleration was detected when the tubing was introduced in the esophagus (Serviere et al., 2002). Although, it was not our initial experimental hypothesis, our research concluded that force-feeding is not perceived as a major source of acute or chronic stress by the waterfowls.
B. Assessing Claims that Force-feeding Induces Pain
The presence of pain in animals may be difficult to measure scientifically because animals can only express themselves through behavior. Neuroscience, however, provides information about the nervous system that can help us to assess the incidence of pain. Experiments involving the visceral nervous system, which computes sensory and motor information from organs including the digestive tract and related secretary glands, have been carried out to assess potential signs of pain in ducks at different stages of the force-feeding period (Servière et al., 2002).
Neural activation indicating the presence of pain signals were never detected in the sensory visceral brain centers of force-fed ducks (Servière et al., 2003). Although there is a need for further scientific investigations, the data provided do not demonstrate the presence of major pain-induced signs in the nervous system of force-fed mule ducks.
This absence of pain indicators likely results from anatomical specificity of the waterfowl involved in foie gras production. For example, ducks and geese, like many other bird species, are able to swallow large preys. Consequently, the inside diameter of the upper part of the esophagus, which is essentially an expandable elongated pouch in waterfowl, the pseudo-crop sac, is comparatively larger than in mammals and is not circled by cartilaginous rings, explaining the capacity to swallow large objects. Its volume ranges from 600 to 800cm 3 in mule ducks (Guy), while it is reported to be smaller in geese (below 500 cm 3 ) (Leprettre et al., 2002). For this reason, each meal with geese will have a smaller volume than with mule ducks, though the number of daily meals with geese will be higher. In addition, this pouch is located at the level of the neck (25-35cm long) allowing full expansion under the elastic skin of the neck, without any compression of the organs present in the thoracic cavity. It also allows the birds to potentially absorb large amounts of food, which is stored there before being progressively released. The pseudo-crop sac membrane is covered with keratin, which provides a mechanical resistance capacity much higher than the epithelium of most mammals. Another specificity resides in the fact that the opening of the trachea sits in the middle of the tongue. Thanks to the collapsing action of tongue muscles since this anatomical feature allows ducks to eat and absorb water under the water without drowning. This specificity explains why, as long as the procedure is carried under proper conditions, ducks do not have the upper respiratory tract blocked by the force fed meal, a criticism which is often raised by opponents.
Some criticisms of foie gras relate to the occurrence of bumblefoot as a consequence of inappropriate rearing conditions. The problem of bumblefoot is not specific to animals 3 kept in cages, but also to those kept in floor pens. The condition appears more prevalent when birds have access to outside free-range and is generally associated with poor litter quality, especially humidity.
Panting in ducks, which frequency is increased by the end of force-feeding period (Guémené et al., 2006), strikes many visitors of a force-feeding operation and is often misinterpreted as an indicator of discomfort. Panting originates from a thermo-regulatory reflex. Birds have no sudoriferous glands and their capacity to eliminate extra heat through contact with the air is limited by the insulating properties of their plumage. Thus, they open their beaks and pant to eliminate the latent heat associated with water losses. Panting constitutes an effective way “to burn” excessive calories. It is neither a voluntary nor deliberate action but a reflex controlled by the respiratory bulbous centers.
Globally, in absence of wound or pathology, force-feeding does not appear to induce pain and is not a major source of nociceptive information integrated by the nervous system.
C. Are Ducks and Geese Frightened by the Force-Feeder and/or Force-Feeding?
Aversion to force-feeding and force-feeders has been left too often to anecdote rather than scientific measure. Breeders like to recall the anecdote in which free waterfowl spontaneously run up to receive their ration by force-feeding, while detractors that birds present an aversion to the force feeder and\or to force-feeding.
To test this possibility of aversion, behavioral tests were conducted using the accepted hypothesis that an avoidance response should be observed only if stimuli associated with the situation, are aversive. The behavioral responses of geese and ducks, which were previously trained to move from their rearing pen to a feeding pen in order to have access to their food, have been studied. After a training period, half of the birds were force-fed, and the amount of food ingested was adjusted to equal the amount spontaneously ingested by the non-force-fed control birds. During the experimental period, force-fed geese continued to move spontaneously and at the same speed as the control group (Guémené et al., 1998; 1999; Faure et al., 2001). In mule ducks, the response was more ambiguous. Generally, mule ducks are fearful, social and very sensitive to any environmental factors (e.g., change of the experimenter or in the timetable) that will affect behavioral responses. Additional experimentation, however, demonstrated that the flight distance of ducks was higher in front of an unknown person than with the caretaker who performed force-feeding daily (Faure et al., 2001). Empirical observations with geese delivered similar results. Furthermore, there was no development of aversion to the operator throughout the force-feeding period. In fact, the flight distance lessened with time. Moreover, familiarization limited the amplitude of the physiological responses to physical stress (Guémené et al., 2002; Servière et al., 2003), as well as behavioral reactions of fear in specific experimental tests (Guémené et al., 2002; 2006).
In conclusion, force-fed ducks or geese do not develop any avoidance behavior towards the force-feeder and the force-feeding context. Additionally, familiarization with the feeder appears to have beneficial smoothing effects, both on behavioral and physiological responses.
II. Claims that Foie Gras is Diseased Liver Are Unsupported by Research
Opponents of foie gras production have often claimed that hepatic steatosis, also referred as lipidosis, is a pathological condition. While this statement is true in mammals, 4 including humans, it is not the case in birds. To equate a human pathology with that of certain migratory waterfowl disregards obvious physiological differences between the species.
A. Human Steatosis Is Different than Steatosis in Mule Ducks and Other Waterfowl
In humans, hepatic steatosis occurs as a response to various forms of inherited or acquired metabolic disorders (Alpers et al., 1993). Human steatosis is most frequently secondary to alcoholic intoxication (cirrhoses) and is not reversible over a certain stage. Another type of steatosis, which is increasing among Western human populations, occurs in patients exhibiting metabolic syndromes such as overeating, obesity, dys-lipidemia and insulin resistance. In some patients, this fatty liver remains isolated, has no clinical consequences and does not cause any pain. In others it may evolve into Non-Alcoholic Steatohepatitis (NASH) after several years (Day & James, 1998).
There are some species, however, in which the metabolic adaptations naturally result in hepatic steatosis. These include wild migrating birds and fish (e.g., cod), in which moderate hepatic steatosis occurs spontaneously as a consequence of energy storage before migration (Pilo and George, 1983). The process of hepatic steatosis is facilitated in these oviparous species, because the liver is the major site of de novo lipogenesis, which is not the case in mammals. In chicken, 90% of the de novo lipogenesis synthesis is insured by the liver. This number reaches has high as 96% in pigeons. Humans, by contrast, reach a maximum of 30% after eating (Timlin and Parks, 2005).
In domestic waterfowls, this specific capacity of large liver fat storage is exploited for foie gras production in a proportion not observed under natural conditions. In the goose, the liver weight can increase 10 fold in two weeks and account for 10% of the body (Hermier et al., 1994). In mule ducks, the average liver weight at the end of force-feeding was around 550g in 2002 in France (Chalimbaud, 2004). Their genetic potential, however, would allow the liver to reach a weight of over 800g.
Examination of foie gras demonstrates the absence of disease. Foie gras represents a quasi-pure form of acquired hepatic steatosis of nutritional origin. The tissue is not diseased, as degenerative events such as necrosis or cirrhosis never occur. The hepatic cells preserve their integrity and continue to perform their function. Were this not the case, the animals would not survive force-feeding, even over a time as short as the two weeks (Benard and Labie, 1998). Unlike human fatty liver, foie gras does not exhibit any macroscopic lesions.
Additional indicia also prove an absence of pathological conditions in foie gras. Lipids, for example, store differently in steatosis that is of pathological rather than nutritional origin. In pathological steatosis, one would expect to see centrolobular lipid accumulation, which is not observed in foie gras production (Benard et al., 2005). Furthermore, although the conjunctive hepatic substrate of cells is bloated in foie gras producing ducks, the capsule around the liver remains uninjured.
B. Reversibility of Steatosis and Impact on Liver Function in Foie Gras Production
Very important, is the fact that the steatosis in foie gras is fully reversible. After leaving the animal free to feed, there is a three to four day spontaneous fasting, and the liver 5 returns to its initial composition within two weeks when over feeding is interrupted. This process has been demonstrated to be true both in geese and ducks, and it is true even after repeated periods of force-feeding and fasting (Babile et al., 1998; Benard et al., 1998). This method was originally used for selection purposes and had no negative consequence on the future reproducers.
In addition to the data related to liver function, several studies demonstrate that the whole regulatory system of glucose and insulin remains in working physiological condition, despite the force-feeding. This is a new set of data that can be interpreted to demonstrate the preservation of the functional status of hepatic cells during the period of force-feeding. It has been established that blood glucose concentration is regulated within a narrow range by pancreatic hormones, in particular by insulin. Insulin exerts a stabilizing action upon glycemia and allows the entrance of glucose into target tissues (liver, adipose cells, muscles) to be stored as glycogen or fatty acids. In mammals, lasting excessive food intake, with large amounts of carbohydrates, can unbalance this equilibrium and lead to obesity and diabetes (James and Day, 1998). In mule ducks, recent scientific studies (Berradi et al., 2003; Davail et al., 2003) do not demonstrate any rise in insulin level nor any progressive increase of blood glucose level throughout the force-feeding period. As neither insulin function nor glucose/insulin equilibrium are altered, it implies that physiological regulatory mechanisms remain functional in force-fed birds.
C. Mortality Rates of Birds In Foie Gras Production Indicate an Absence of “Disease”
Opponents of foie gras have often alleged that force-feeding practices result in high mortality rates. Data from experimental approaches do not support this conclusion, and field data provides only an overall culling index below 3% in recent years (Chalimbaud, 2004). Culling causes include not only mortality but also other conditions such as wounds, weakness, injuries at transfer, etc. The recently observed decrease in the culling index has been associated with changes in rearing conditions and feeding techniques.
III. A Review of the Scientific Studies Regarding Whether Foie Gras is “Natural”
At first blush, some may not consider foie gras production to be “natural.” Upon further consideration, however, the conclusion is much less obvious. If by “natural” one intends to an agricultural process in which humans do not interfere with the production process, then the whole process of plant and animal agriculture can be called into question as “unnatural.” Agriculture has always been about selective breeding to produce plants and animals not previously known in nature. Additionally, for millennia, farmers have sought farming techniques to increase both crop and animal agriculture yields.
A. Is it “Natural” for Migratory Waterfowl to Over-Feed?
For some, this question of what is “natural” centers around the notion that wild species do not over-feed themselves nor do they produce livers similar to foie gras. In fact, many migrating species do express a spontaneous capacity to over-feed and accumulate fat deposits in muscles, adipose tissues and, to some extent, in liver at distinctive periods along the seasonal cycles. This is particularly the case in periods requiring a great deal of energy consumption, such as the migration. Some opponents of foie gras contend that, despite this natural tendency of migratory waterfowl to over-feed, force-feeding in foie gras production 6 involves the ingestion of amounts of food that are greatly in excess of the birds’ ability to spontaneously absorb. Critical to a scientific examination of this charge is a factual understanding of the quantities of food ingested and a clear understanding of the inappropriateness of a comparison between human and duck ingestion capacity
Through our scientific studies, we have observed that a single mule duck can ingest, without any physical constraint, up to 500g (over 1 pound) in a single meal and over 750g of food during a day (Guy et al., 1998). Similarly, “Landaise” Grey geese have been reported to spontaneously graze 1kg of pasture daily, while also being fed a regular diet (Leprettre et al., 2000). These geese can also eat as much as 3kg of carrots daily.
The quantity of food fed to mule ducks and geese fits well within this range of spontaneous ingestion capacity. Force-feeding techniques used by farmers involve gradually increasing the amount of feed given to the birds over the course of two to four weeks. The maximum quantities of food are provided toward the end of the force-feeding period and never exceed 1000g daily, or 500g per meal.
B. Impact of Modern Breeding Methods on Foie Gras Production
Claims that foie gras is not “natural” may also be based on the fact that the species generally used in modern foie gras production, the mule duck, is an “artificial” cross between a female Pekin and a male Muscovy duck, obtained by artificial insemination, to create a genotype not present in the wild. The process of genotype selection and intercrossed species is as old as the history of domestication itself. Horses have been bred with donkeys to produce mules, for example. In the present situation, the producers have taken advantage of the capacity of some genotypes to optimally respond to force-feeding by a large and rapid increase in lipid synthesis and storage in the liver without signs of pathology or morbidity. It is worth noting that neither the Polish geese nor the Pekin ducks respond as the Landaise geese and the mule duck do to force feeding. Modern hybrids used for foie gras production are thus specifically adapted for this type of production.
Conclusion
Our objective has been to provide objective experimental data to a debate that has, heretofore, been dominated by emotion. Our data have been published in both national and international peer-reviewed scientific journals. Our years of study have led us to conclude that the scientific data do not support the statement written in the report from the European Veterinary Scientific Committee (1998) that ” [t]he scientific committee on animal health and animal welfare concludes that force feeding, as currently practiced, is detrimental to the welfare of the birds.” That statement, while clearly taken for granted by opponents of foie gras, was based on the very limited amount of scientific literature available at the time and is not supported by the extensive scientific experimentation done in the intervening years.
The references quoted in the text are available on request.
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BY: JEREMY REPANICH
READ ORIGINAL ARTICLEThey’re getting fatty duck liver while they still can.
In New York City, despite the fact one side has appeared to have conclusively won the war, the foie gras battles continue to rage on.
Back at the end of the October, New York’s City Council voted to ban the sale of the fatty goose and duck liver by a vote of 42-6; outlawing the delicacy starting in 2022. While animal rights activists rejoiced, gourmands and duck farmers in the Hudson Valley cried foul (Or did they cry fowl? Sorry, that’s terrible, we’ll stop).
It was the latest defeat for fans of foie gras, after California’s longtime on-again, off-again prohibition finally went into effect for good this past January, 15 years after the state legislature originally passed it. But New Yorkers are not going out quietly.
Since the Council vote, foie gras sales in the Big Apple are up 20 to 30 percent, reports the New York Post. Some attribute the rise to defiance in the face of the ban. “Once people read about it, those who love foie gras or have it occasionally say, ‘Let’s go have some foie gras.’ It’s almost a political statement to politicians—stay off of my dinner table,” said Georgette Farkas, owner of Rotisserie Georgette told the Post.
Ariane Daguin of specialty food purveyor D’Artagnan also told the newspaper that her company saw a 30 percent uptick in sales of foie gras in the past couple months, as people enjoy the delicacy while they still can.
Despite the bill’s overwhelming passage, there were chefs speaking out against it before the vote. “We’re opposed to the ban,” Arjuna Bull of Luthun told Robb Report when the council first debated the bill in the summer. “It’s quite an exquisite ingredient. We love to eat it, we love to work with it. It’s so versatile. All the chefs we know are opposed to [the ban].”
Some New Yorkers are hopeful that the war isn’t actually over. Unlike California’s ban, which the Supreme Court decided to not hear an appeal that could repeal it, New York City’s law may not withstand a challenge in court because the city may not have oversight in this area. However, it appears people aren’t taking any risks and they’re making sure to enjoy foie in the city while they still can.
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BY: MELANIE GRAYCE WEST
READ ORIGINAL ARTICLEThe ban would make the delicacy illegal in the city by 2022.
New York duck farmers have appealed to state officials for help in blocking a New York City law that bans the sale of foie gras in restaurants and shops.
Hudson Valley Foie Gras, one of the state’s largest producers of the specialty product, said it plans to file a notice this week with the state’s Department of Agriculture and Markets seeking a formal review of the city’s law, which was signed by New York City Mayor Bill de Blasio in November.
Foie gras, or fattened duck or goose liver, is made by force-feeding the birds several times daily to expand their livers beyond their normal size before slaughter. Animal-rights activists and City Council members have said the process is inhumane. Foie gras is served in several high-end restaurants, including Manhattan’s Tocqueville and Eleven Madison Park.
The city’s ban would make the delicacy illegal in the city by 2022.
According to a spokesman for Hudson Valley Foie Gras, the city’s law will prohibit the sale of its primary product in its largest market, causing a loss of some $9 million a year in sales from its $28 million business. New York City is the largest market for foie gras.
A farm in an agricultural district can submit to the state’s Department of Agriculture and Markets a request for the review of a local law that it believes may unreasonably restrict the farm’s operation, according to state regulations.
The plan to send a formal request to review the law follows a letter that Sergio Saravia, president of La Belle Farms, sent on Friday to New York Gov. Andrew Cuomo.
In his letter, Mr. Saravia asked the governor for help in overturning the ban, which “deals a fatal blow to the duck farmers of New York State.”
“What right do city legislators have in passing laws that affect rural businesses outside the city limits?” wrote Mr. Saravia. “We believe this ban violates the Agricultural Districts Law in New York that specifically protects farmers against bills like this one which unreasonably restrict farm operations.”
A spokesman for Mr. Cuomo deferred comment on the letter to the Department of Agriculture and Markets. A spokeswoman for that agency said the department is reviewing the situation.
“Once the Department receives the formal request for a review of this local law, we will determine whether it is in the scope of our powers and what the next steps will be,” said the spokeswoman.
Hudson Valley-area duck farmers are among the few U.S. producers of foie gras. A challenge to the city’s law was expected.
Animal-rights activists and City Council members have said the practice is inhumane.
Jeremy Unger, a spokesman for Carlina Rivera, a Manhattan Democrat who championed the legislation, said that the law will stand up to any challenge.
“Supporters of force-feeding, which is one of the cruelest practices taking place in our nation’s food industry, have tried for years to legally end California’s ban to no avail, and we are happy that it will be coming to a similar end soon in New York City,” said Mr. Unger.
—Jimmy Vielkind contributed to this article
Independent Media Coverage by
BY: BERNADETTE HOGAN
READ ORIGINAL ARTICLEUpstate duck farmers are begging Gov. Andrew Cuomo to intervene and stop the City Council’s recent ban on the sale of foie gras — the controversial duck delicacy that’s enraged animal rights activists.
Starting in 2022, all sales of the French delicacy will be illegal, with violators facing up to $2,000 in penalties.
But Sergio Saravia, president of La Belle Farms in the Hudson Valley dubs the move “a fatal blow” to over 400 duck farmers statewide.
“It’s sad to think Mayor de Blasio signed a bill that was based mostly on misinformation and lies about how ducks are raised and processed at our New York facilities,” Saravia wrote in a letter obtained by The Post Thursday.
“Neither de Blasio, nor the council members nor special interest groups bothered to visit our farms, and see our production methods, before crafting their legislation.”
Animal rights activists were up in arms about the crude feeding method, as ducks are force-fed to plump up their livers.
But Saravia said he’s invented a “gentler” approach that’s been accepted in France and perhaps soon in Guatemala. City politicians have no business trouncing on farmers’ rights Saravia said, citing a section of agricultural law protecting farmers from legislation that “unreasonably restricts their farm operation.”
“What right do city legislators have in passing laws that affect rural businesses outside the city limits? This is a clear case of legislative overreach, and is going to strip away the livelihood of hundreds of upstate workers associated with our farming business,” he added.
A spokesman for Gov. Cuomo said the matter rests with the state Department of Agriculture.
“We have received the letter referenced and are reviewing the situation. Once the Department receives the formal request for a review of this local law, we will determine whether it is in the scope of our powers and what the next steps will be,” said DOA spokeswoman Jola Szubielski.
]]>Legal and legislative steps to overturn the ban on foie gras and related duck product sales in NYC ramped up this week, with the Sullivan County Legislature coming to the aid of local area duck farmers. On November 14th, the upstate county’s legislators passed a resolution requesting that the New York Department of Agriculture and Markets step in and perform what’s known as an AG and Markets 305 review.
What is a 305 review?
AML §305 is a New York State law that prohibits local governments from enacting ordinances that unreasonably restrict farming operations within a defined agricultural district. Sullivan County is asking that the soon to be signed into law foie gras ban be reviewed, as it imposes operational restrictions on local duck farms residing within a protected agricultural district. If this is found to be the case, the NYC ban would be determined by the state to be unlawful.
For background, in late October 2019, the NYC Council passed legislation to ban the selling of foie gras and related duck products, within Big Apple city limits. The ban will become law no later than November 30th, with a three-year grace period
Not wasting any time, Sullivan County duck farmers are taking action themselves, with plans to file suits in state and federal courts, calling the NYC ban unconstitutional. What’s at stake is the livelihood of 400 immigrants and their families who depend on the Sullivan County farms for employment, and the devastating economic impact such a ban will have on the second poorest county in New York state.
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