At this point, foie gras could be sold and purchased, but not produced, in the state. The matter was sent back to the district for appeal, allowing the sale of foie gras until the appeals process had been completed, which brings us to the present. The injunction was vacated, effectively reinstating the ban. As far as restaurants are concerned, the sale of foie gras is illegal in the state of California and it should be taken off of menus immediately. Restaurants cannot now, by law, serve foie gras or any product derived from a duck that was raised for foie gras.
That includes the not-yet-open wine bar Verjus, from the team behind three-Michelin-starred Quince , and Cotogna. Set to open next week, the team is now reworking the menu to accommodate the ban, removing a small section that would have included seasonally changing foie gras dishes with toast prepared tableside in vintage toasters. The challengers to the California ban will present multiple grounds for declaring it unconstitutional and intend to ask the court to maintain the status quo — i.
Read the full statement here. In the meantime, fans of the luxury ingredient will just have to travel farther afield for a taste. Cookie banner We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from. By choosing I Accept , you consent to our use of cookies and other tracking technologies. Filed under: Lawsuits. Pocket Flipboard Email. Seared foie gras Shutterstock The legal battle around foie gras, the fatty liver of a duck that is considered a luxury ingredient around the world, has been simmering for years, with the enforcement of its ban in flux.
First, a little background A law banning the sale and production of foie gras was passed in California in More From Eater SF. When the chef's special arrived it was foie gras -- banned in California since July 1 of last year. A series of I-Team reports 10 years ago led to California's ban on foie gras. The I-Team showed video of the force-feeding process shot by activists at the state's only foie gras farm near Stockton.
At least three times a day, a worker grabbed each duck, shoved a long, thick metal pole down its throat and an air pump shot up to a pound of corn into the duck. This process continued for three weeks, until the liver expands more than 10 times its normal size. In addition to the dead and dying ducks, activists found others whose livers were so large that they could not move or defend themselves against rats that were eating them alive.
The law made changes to the California health and safety code. It now says, "A person may not force feed a bird for the purpose of enlarging the bird's liver beyond normal size A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size.
When the I-Team's Dan Noyes contacted Passot and told him what we found at his restaurant, he agreed to an interview but then backed out, citing a scheduling conflict. By phone, Passot said he knows he's breaking the law, but said foie gras is an important part of French culture and cuisine, and that it can be produced humanely.
There is no question that there have been changes in the industry since the I-Team's first reports. In , we showed how Hudson Valley used isolation cages -- the ducks couldn't move during the weeks of force-feeding. Those cages are now gone, and workers there use a gentler process with a gravity device, instead of the California farm's old pneumatic pump. Now, it's the 'ambrosia'. Soon, it will be 'cherry jubilee', because it will be the cherry season," Miguel said.
The lawsuit says the activists sent in an undercover investigator who received foie gras on three different occasions. Frank says this is his personal Boston tea party, that he's working a loophole in the law as a form of protest. The activists couldn't get Napa police to cite Frank for selling foie gras.
In fact, the I-Team could not find a single instance of law enforcement coming down on a restaurant throughout the state. They say it costs too much to send investigators into high-priced restaurants, with the possibility of finding a foie gras infraction. The I-Team showed them what we found at La Folie. Vicky Guldbech said.
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