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.

Epicures and Duck Farms Get a Reprieve From New York’s Foie Gras Ban

The WSJ has the latest turn of events in this long running story:

Epicures and Duck Farms Get a Reprieve From New York’s Foie Gras Ban. The city ordinance fails to pass muster with the state’s Agriculture Department. by  Megan Keller

"Good news for New York City epicures and upstate farmers: Foie gras will remain on menus in the city. They can thank the state’s Department of Agriculture and Markets, which last Wednesday found that the city’s ban on the avian delicacy violated the farmers’ rights under state law.

Foie gras is made from duck or goose livers fattened through a force-feeding process called gavage—administering gradually larger amounts of feed through a small tube in the bird’s throat. The farmers who produce foie gras say the ducks remain healthy and content throughout their lives, but some animal-rights activists consider the practice cruel. In 2019 the New York City Council enacted an ordinance banning the sale of foie gras, which was scheduled to take effect last month."

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Earlier: https://marketdesigner.blogspot.com/search?q=foie

 

Food fight in California: Foie gras is legal for private consumption from out of state providers

 The Ninth Circuit has confirmed a nuanced lower court verdict about foie gras, in the latest episode of a long running California food fight about gavage, the force feeding of ducks:

California court okays import of foie gras from out of state, barred in 2012. The law, passed in 2004, went into effect in 2012 and banned the sale of the delicacy if produced by force feeding geese or ducks.

"A California law that effectively bans foie gras sales in the state was limited in part on Friday. Californians can continue purchasing the controversial pate from out-of-state retailers, the ninth circuit court of appeals said in a ruling.

"The law, which passed in 2004 and went into effect in 2012, bars the sale of foie gras if produced by force feeding geese or ducks, according to Courthouse News Service. As the mousse is traditionally produced from the engorged livers of force-fed geese and ducks, the legislation is a near-prohibition.

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"The ninth circuit’s decision upheld a lower court’s 2020 ruling, which also permitted the shipping of out-of-state foie gras through third-party delivery companies, according to the Associated Press."

"This ruling is only applicable to people who purchase foie gras for their individual use; California law still bars retailers and restaurants from selling or giving away foie gras. The law has been challenged repeatedly since its enactment."

Foie gras sale ban in CA doesn't rule out interstate commerce

The Mercury News has the lastest twist on the long running saga of foie gras in California:

Foie gras ruling puts it back on Californians’ plates, but not on restaurant menus
Delicacy can be sold, shipped by out-of-state producers; reselling it remains verboten

"Foie gras can again be legally shipped to Californians for consumption at home, according to a new ruling. But diners won’t find the fatty goose and duck livers back on restaurant menus.

"U.S. District Judge Stephen V. Wilson ruled Tuesday in Los Angeles that the sale of foie gras doesn’t violate the law if the seller is located outside of California and the product is brought into the state by a third-party delivery service, the Associated Press reported, adding that the California attorney general’s office is reviewing the decision.

"However, foie gras still can’t legally be resold — which means restaurant sales are prohibited, according to attorneys for both the plaintiffs and defendants.
...
"The issue of whether foie gras can be produced and/or sold in California had been simmering in courts for years.

California’s ban on the production and sale of foie gras (pronounced fwah grah) originally went into effect July 1, 2012, eight years after SB 1520 (by then-Sen. John Burton) was signed into law by then-Gov. Arnold Schwarzenegger, in 2004."
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See all my posts on foie gras.

Foie gras and NY farm workers

The NY Times ran this story:

A Luxury Dish Is Banned, and a Rural County Reels
The ban protects animals and slaps wealthy gourmands. But upstate, hundreds of low-wage immigrant laborers are bracing for the impact.
By John Leland, Photographs by Desiree Rios

"Last October, when the New York City Council passed a ban on foie gras as inhumane, Mayor Bill de Blasio called foie gras “a luxury item that the vast majority of us would never be able to afford.”
...
"But two hours northwest of the city, in one of New York’s poorest counties, foie gras plays a much different role. There it is not a luxury splurge but a domino in a fragile local economy. Almost all of the foie gras produced in the United States comes from two duck farms in Sullivan County, where about 400 workers, mostly immigrants from Mexico and Central America, rely on it for their livelihood.

"Locals say that New York City’s ban, which is scheduled to go into effect in 2022, threatens all the businesses connected with the two farms, from the neighboring farms that supply feed for the ducks to the machine shops that repair agricultural equipment, from the small truckers to the local markets and restaurants that cater to the Spanish-speaking workers.
...
"Hudson Valley Foie Gras, the larger of the two farms, is a sprawling artifact of an earlier disruption, on the site of three former egg farms, which closed when the advent of interstate highways made it cheaper for city stores to get eggs from industrial farms elsewhere.
...
"Opponents of foie gras call the force-feeding process cruel. It’s already banned in India, Israel and Britain. Whole Foods stopped selling the product in 1997, and Postmates stopped delivering it in 2018. The American Veterinary Medical Association takes a neutral position, citing a lack of evidence that birds are harmed by the process, though many veterinarians disagree.
...
"Already hurting from a ban in California, which they say cut their sales by 20 percent, Hudson Valley hired a politically connected lobbying firm, Bolton-St. Johns, and a publicity firm, Millennial Strategies, which represents Lyft, Juul and Starbucks. 

Is repugnance to foie gras contagious?

The Guardian has the story from the UK, focusing on a particular restaurant, and its proprietor, who has withstood protests:

Pressure grows on British chefs after New York bans foie gras
Restaurateurs and MPs are turning against the delicacy after years of intense animal rights protests

"New York’s authorities have decided to ban shops and restaurants from selling it and campaigners want London – indeed, the whole of Britain – to follow suit.

“Banning it is a fad,” he says. “New York is just following a fad, going with the flow. If it is ethically raised, then I don’t see a problem. If they are [forcibly] fed on an industrial scale, I think that’s wrong. But the foie gras we serve comes from a family who look after their geese.”

"His stance is not one that most animal welfare campaigners agree with. Making foie gras generally relies on force-feeding ducks or geese for about two weeks, causing their livers to expand dramatically. Some farmers claim force-feeding – known as gavage – is unnecessary, but in France, where 98% of the foie gras eaten in Britain is made, a pâté can only be called foie gras if gavage is used."
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Recent related post:

Friday, November 1, 2019

No more foie gras in New York City

No more foie gras in New York City

The NY Times has the story:

Foie Gras, Served in 1,000 Restaurants in New York City, Is Banned
Animal cruelty concerns led the City Council to approve the ban, which takes effect in 2022. One chef’s reaction: “What’s next? No more veal?”

"The New York City Council overwhelmingly passed legislation on Wednesday that will ban the sale of foie gras in the city, one of the country’s largest markets, beginning in 2022.

New York City will join California in prohibiting the sale of foie gras, the fattened liver of a duck or goose, over animal cruelty concerns."

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Previous posts on foie gras here.

HT: Alex Chan

New York City considers bill to ban foie gras

Bill aims to ban sale of foie gras in New York restaurants over 'cruel' process
If bill passes, anyone violating the law could be liable to a $1,000 fine, up to a year in jail or both

"New York City council is considering outlawing the product – which derives from duck or goose and translates as “fatty liver” – which is a staple at many of its top restaurants.

"Critics of foie gras say the process is cruel because ducks and geese are overfed through a pipe which can expand the liver up to 10 times its normal size.

The proposed bill, which could be voted on in months, would ban the sale of foie gras made from birds that have " force fed and establishments from serving it.
...
"If New York introduces a ban it will put the city alongside California, which has a state-wide ban on the production and sale of foie gras. Chicago passed a ban in 2006, but it was overturned two years later.

"Whole Foods banned its sale in 1997 and Postmates ended deliveries of it last year.

"Outside the US, Britain, Israel and India all have bans on sale or production."
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For a different view, French law (Code rural) states
"Article L654-27-1
Créé par Loi n°2006-11 du 5 janvier 2006 - art. 74 JORF 6 janvier 2006
Le foie gras fait partie du patrimoine culturel et gastronomique protégé en France. On entend par foie gras, le foie d'un canard ou d'une oie spécialement engraissé par gavage."

Google translate: "Foie gras is part of the cultural and gastronomic heritage protected in France. By foie gras, the liver of a duck or a goose specially fattened by gavage."

Foie gras off the menu (again) in California

The SF Chronicle had the story (and I missed it until now...)

California’s foie gras ban upheld, though chefs vow to fight on
Jonathan Kauffman, Jan. 7, 2019

"After six years of legal battles, California’s ban on foie gras is still in effect.

"The U.S. Supreme Court announced Monday it would not hear a challenge to California’s 2004 ban on the production and sale of foie gras, leaving in place a 2017 ruling upholding it.
...

"The California law, which went into effect in 2004 but delayed enforcement of the ban until 2012, forced California’s only foie gras producer to close. Some California restaurants continued to serve foie gras, however, claiming they were giving it away to guests. Starting in 2012, groups such as the Coalition for Humane and Ethical Farming Standards, backed by the French Laundry’s Thomas Keller and dozens of other chefs, have supported a series of efforts to overturn the ban, leading to a legal back-and-forth.

"In 2015, U.S. District Judge Stephen Wilson ruled that the ban violated the federal Poultry Products Inspections Act,which prohibits states from imposing their own conditions on the sale of poultry. The ruling put foie gras back on Bay Area menus.

"The California state attorney general appealed the ruling, however, and two years later, the Ninth U.S. Circuit Court of Appeals in San Francisco reversed it. However, the court put a stay on the ban so the plaintiffs — two out-of-state foie gras producers and a Los Angeles area restaurant group — could petition the U.S. Supreme Court to take up the case.

That challenge is now effectively dead."

Repugnance watch: California foie gras ban struck down by judge

Here's the story: California foie gras ban struck down by judge, delighting chefs

"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 Judge Stephen Wilson in Los Angeles ruled that the state prohibition on the sale of foie gras, a fatty liver dish made from force-fed ducks and geese, illegally encroached upon the regulatory domain of the federal government.

"California lawmakers passed the groundbreaking 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 fare is celebrated at many high-end restaurants for its rich, creamy flavor.
...
"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. Wilson said California’s foie gras ban had done just that.
...
"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 Southern California and the Canadian trade organization Association des Eleveurs de Canards et d’Oies du Quebec. The state attorney general’s office defended the prohibition.

"In Wednesday’s ruling, Wilson acknowledged that emotions ran high over the matter, writing that his 15-page opinion “touches upon a topic impacting gourmands’ stomachs and animal-rights activists’ hearts.”
...
"Strugar noted that, under Wednesday’s ruling, production of foie gras remains illegal in California"


HT: Kim Krawiec

Horsemeat in Canada

Top Chef trots into taboo territory

"Producers of the competitive culinary TV show Top Chef Canada galloped headlong into an internet outcry after news spread about an upcoming episode's focus on horse meat as an ingredient. In the challenge, scheduled to air on May 16th on Food Network Canada, contestants were required to cook traditional French dishes, including both foie gras (also a controversially-obtained food) and horse.

Protesters took to the show's Facebook page after promos for the episode aired, flooding the comments with mentions of Top Chef boycotts, links to anti-horse meat websites and advice on how to contact the show's advertisers. A specifically targeted Facebook group called "Boycott Top Chef – Protect the Horses" was swiftly established as a central location to share resources including educational material and contact information for the show's advertisers and the network's executives.

"Food Network Canada has issued a statement saying, "Please be assured it is not our intention to offend our viewers. The challenge in this episode involves having the competitors create a truly authentic, traditional French menu. One of the most traditional French foods is horsemeat. Horsemeat is also considered a delicacy in many cultures around the world. While we understand that this content may not appeal to all viewers, Food Network Canada aims to engage a wide audience, embracing different food cultures in our programming."

...

"Protesters, however, argue that not only is eating horse meat a moral taboo on par with the consumption of dogs and cats - it's also insufficiently regulated in Canada.

...

While horse meat is not an especially predominant ingredient in Canadian cuisine, and the majority of the meat processed in the country is exported internationally, it can be found for sale in supermarkets and at butcher shops.

An Eatocracy poll from earlier this year indicates that a substantial potion of the population expects to see a shift in perception toward horse meat consumption in the United States.

Do you think Americans will ever accept horse meat as part of their diet?
- No way. Never. 34.82%
- Only if there is no other option and we run out of other food sources 13.71%
- People don't really care that much what they put in their mouths, so yes 5.55%
- Possibly, but only after its health benefits are really proven 3.47%
- It'll take time, but why not? 14.3%
- It would be a huge success now if it were legal 4.11%
- People might try it as a novelty, but not as a staple - it'll always have a bit of a taboo 13.73%
- Maybe some food freaks will consider it a delicacy, but most people won't touch it 9.28%
- Other (please share below) 1.05% 

HT: Joshua Gans (the Canadian professor:)