Donkey meat for sale on Amazon: is a donkey a horse in California?

 Is a donkey a horse in California, where state law prohibits the sale of horse meat for human consumption. In particular, the 1998 law states:

"This measure prohibits both the slaughter of horses for human consumption and the sale of horsemeat for human consumption in California. In addition, horses could not be sent out of California for slaughter in other states or countries for human consumption. Under the measure horses include any horse, pony, burro, or mule."

I'm neither a lawyer nor a linguist, but, for what it's worth, "burro" is the Spanish word for donkey.

Wired has the story:

Amazon Has a Donkey Meat Problem. "The online retailer sells products meant for human consumption that contain donkey meat. A new lawsuit claims that’s illegal in California."

"A legal complaint filed in California last week by the law firm Evans & Page on behalf of the Center for Contemporary Equine Studies, a nonprofit, claims Amazon’s continued sale of these donkey-based products is more than distasteful—it may be illegal.  

"The Center alleges that Amazon’s distribution and sale of ejiao violates an obscure California animal welfare law called the Prohibition of Horse Slaughter and Sale of Horsemeat for Human Consumption Act. The 1998 ballot initiative, known at the time of its passage as Proposition Six, makes the sale of horsemeat for human consumption a crime on the grounds that horses, like dogs and cats, are not food animals and deserve similar protections. The Center is arguing that, under the statute, horsemeat is defined to mean any part of any equine, including donkeys. 

"For Frank Rothschild, director of the Center for Contemporary Equine Studies, the law is clear: Donkeys are equines, and the sale of ejiao for human consumption in California is illegal. “We are a scientific organization and not in the business of national advocacy. We want the defendants to stop selling ejiao because it’s illegal,” he says. “That’s the law.”

"Bruce Wagman, an attorney unaffiliated with the complaint who has practiced animal law in California for 30 years, says that while the center presents a reasonable argument, it’s unclear whether a judge would agree because the law’s wording leaves room for interpretation. “Horsemeat is not really defined in the text of the relevant statute,” he says. “But the spirit of Proposition Six is absolutely to prevent equines, including donkeys, from being slaughtered for people to consume. Period.”

"The complaint demands that Amazon stop selling ejiao immediately. If a judge ultimately finds Amazon in violation of the law, the state of California could fine Amazon for each sale. This type of regulatory pressure is not unprecedented. In 2018, prosecutors in three California counties accused Amazon of violating a 2004 state law banning sales of foie gras. In a settlement, Amazon agreed not to sell the fatty goose liver in California and paid $100,000 in civil penalties. "

HT: Jacob Leshno

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My other posts on consumption of horse meat, and foie gras.