California foie gras ban struck down by judge, delighting chefs

By Kurtis Alexander and Paolo LucchesiUpdated 9:15pm, Wednesday, January 7, 2015

Photo: Scott Strazzante / The Chronicle

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Photo: Scott Strazzante / The ChronicleManny Castrillo prepares foie gras torchon with jerk spices and guava jelly at Dirty Habit in San Francisco on Wednesday. Photo: Scott Strazzante / The ChronicleManny Castrillo slices foie gras at Dirty Habit in San Francisco on Wednesday. Photo: Michael Macor / The ChronicleFoie gras torchon with jerk spices and guava jelly at Dirty Habit in San Francisco on Wednesday. Photo: Michael Macor / The ChronicleFoie gras torchon with jerk spices and guava jelly at Dirty Habit in San Francisco on Wednesday. Photo: Michael Macor / The ChronicleExecutive chef David Bazirgan prepares foie gras torchon at S.F.s Dirty Habit restaurant after a state ban was lifted. Photo: Marcio Jose Sanchez, Associated PressFILE - In this Friday, May 11, 2012 file photo, foie gras is torched and made into a brulee at Sent Sovi in Saratoga, Calif. Foie gras lovers are rejoicing after a federal judge in Los Angeles blocked California's ban on the sale of the fatty duck and goose liver. Judge Stephen V. Wilson on Wednesday, Jan. 7, 2015, permanently blocked the state attorney general from enforcing the law, which took effect two years ago. (AP Photo/Marcio Jose Sanchez, File) Photo: Michael Macor / The ChronicleDavid Bazirgan works with foie gras in the kitchen at Dirty Habit. A statewide ban on the fatty liver dish was lifted Wednesday. Photo: Eric Risberg, Associated PressFILE - In this Dec. 9, 2003 file photo, Jorge Vargas uses a funneled pipe to force-feed a measured dose of corn mush to a Moulard duck in its pen at Sonoma Foie Gras in Farmington, Calif. Foie gras, the silky soft delicacy derived from the livers of force-fed geese and ducks, is stoking a battle of epicurean ethics in Northern California. Foie gras lovers are rejoicing after a federal judge in Los Angeles blocked California's ban on the sale of the fatty duck and goose liver. Judge Stephen V. Wilson on Wednesday, Jan. 7, 2015 permanently blocked the state attorney general from enforcing the law, which took effect two years ago. (AP Photo/Eric Risberg) Photo: Eric Risberg, Associated PressFile - This July 17, 2012 file photo shows Karlene Bley of Los Angeles spread her torchon of foie gras onto bread during lunch at the Presidio Social Club restaurant in San Francisco. Foie gras lovers are rejoicing after a federal judge in Los Angeles blocked California's ban on the sale of the fatty duck and goose liver. Judge Stephen V. Wilson on Wednesday, Jan. 7, 2015, permanently blocked the state attorney general from enforcing the law, which took effect two years ago. (AP Photo/Eric Risberg, File) Photo: Scott Strazzante / The ChronicleManny Castrillo prepares foie gras torchon as S.F.s Dirty Habit restaurant celebrates the return of the fatty liver dish. Photo: Scott Strazzante / The ChroniclePip Guidry digs in to a dish of oysters poached in foie gras fat with sunchoke milk and fried leeks at Dirty Habit. Photo: Matt Dunham, Associated PressSupporters of PETA (People for the Ethical Treatment of Animals), wearing body paint in the design of the Union flag, hold placards protesting against Foie gras being sold by the Fortnum & Mason department store outside the premises in London, Tuesday, April 23, 2013. PETA supporters said they held the protest Tuesday to coincide with St George's Day to highlight the store selling Foie gras imported from France that they say involves the force-feeding of geese to produce the liver pate. Photo: Michael Short, Special To The ChronicleA customer looks out a window at protesters on the sidewalk below. Alexander's Steakhouse held their last farewell to foie gras dinner and fundraiser in San Francisco, CA Saturday June 30th, 2012. Photo: Michael Short, Special To The ChronicleCustomers look out the window of Alexander's Steakhouse at protesters on the sidewalk. Alexander's Steakhouse held their last farewell to foie gras dinner and fundraiser in San Francisco, CA Saturday June 30th, 2012.

California foie gras ban struck down by judge, delighting chefs

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Menus across the Bay Area were being hastily rewritten Wednesday after a federal judge struck down Californias 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 Californias dining scene, where the French-inspired fare is celebrated at many high-end restaurants for its rich, creamy flavor.

It goes on the menu tonight, said Ken Frank, chef and owner of Michelin-starred 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.

Wednesdays 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 Californias foie gras ban had done just that.

Last year, the courts dismissed a different argument against the law that claimed it interfered with interstate commerce. The U.S. Supreme Court in October denied review of that ruling.

Businesses challenge ban

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, Hots Restaurant Group in Southern California and the Canadian trade organization Association des Eleveurs de Canards et dOies du Quebec. The state attorney generals office defended the prohibition.

In Wednesdays 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.

Accordingly, reaction was swift if not widespread, as food-frenzied Californians took to social media to praise the end of their time without foie gras while the bans supporters lamented the plight of the animals.

A spokesman for the state attorney generals office said the agency was reviewing the decision. An appeal is possible.

Animal rights group People for the Ethical Treatment of Animals was among those to criticize Wednesdays ruling.

The decision cant change the fact that foie gras, the diseased liver of force-fed ducks and geese, comes from blatant animal abuse, said PETA attorney Matthew Strugar.

Production of the dish often entails feeding the birds more than they normally eat, commonly through uncomfortable feeding tubes and sometimes swelling and puncturing the animals innards.

Still illegal to produce

Strugar noted that, under Wednesdays ruling, production of foie gras remains illegal in California, though the point is less relevant because California had just one producer before the ban took effect in 2012. Restaurants are free to import it from other states, which many had done before the ban.

Marcus Henley, operations manager for Hudson Valley Foie Gras, defended the delicacy as a humane dish made and served in compliance with all U.S. regulatory standards.

Weve 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 among 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.

Foie gras was running about $40 a pound this week, Passot said. That was about $5 more than it was in 2012.

Appetizer or entree

Diners typically pay $15 to $25 for a foie gras appetizer, depending on the restaurant, while pricier places often include it as a regular course on prix fixe menus.

To commemorate Wednesdays ruling, San Franciscos Dirty Habit offered a four-course foie gras meal for $60.

Though foie gras became less common on Bay Area menus during the ban, it didnt deter all restaurants from serving it. A number of chefs, including Frank at La Toque, flouted the law, offering the dish as a complimentary addition to a more expensive burger or salad.

Douglas Keane, a Sonoma County chef formerly with Cyrus in Healdsburg, said repeal of the prohibition was long overdue.

California is the only U.S. state to have passed such a law. The city of Chicago passed a restriction but later overturned it amid outcry.

It was such a stupid ban to begin with, Keane said. Now we dont look like a bunch of idiots anymore. Now you get to choose for yourself whether you want to serve this based on your own ethical decisions.

Kurtis Alexander and Paolo Lucchesi are San Francisco Chronicle staff writers. E-mail: kalexander@sfchronicle.com, plucchesi@sfchronicle.com Twitter: @kurtisalexander, @lucchesi

Foie gras is back

Here is a sampling of Bay Area restaurants that immediately began serving the delicacy after a judges decision to strike down Californias ban:

Dirty Habit (San Francisco)

Goose & Gander (St. Helena)

Hapa Ramen (S.F.)

Jardiniere (S.F.)

La Toque (Napa)

Les Clos (S.F.)

Torc (Napa)

4505 Burgers & BBQ (S.F.)

Source: http://www.sfgate.com/bayarea/article/Judge-strikes-down-Calif-foie-gras-ban-5999897.php