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NYC sues State over foie gras law

By Patricio Robayo
Posted 2/14/23

FERNDALE—For Hudson Valley Foie Gras, New York City represents one of its largest markets and accounts for 25 percent, or roughly $10 million, of its sales to fine dining restaurants throughout …

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NYC sues State over foie gras law

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FERNDALE—For Hudson Valley Foie Gras, New York City represents one of its largest markets and accounts for 25 percent, or roughly $10 million, of its sales to fine dining restaurants throughout New York City. 

Politicians in New York City are trying to change that and stop the sale of the foie gras sold within the five boroughs, calling the practice of producing foie gras inhumane. 

While a local law was passed to stop the sale, The New York Supreme Court put an injunction on the law while the New York Department of Agriculture and Markets reviewed it. 

The State ultimately commented that the local law “unreasonably restricts” the duck farms in Sullivan County from operating, thus allowing the sale to continue.

Now, New York City is suing New York State over the New York Department of Agriculture and Markets’ decision to allow the sale of foie gras to continue. “The legislative record reflects a decision by the city that it values animal welfare over a luxury food item that requires force-feeding of birds,” according to the N.Y. Supreme Court filing. 

Marcus Henley, Vice President of Hudson Valley Foie Gras, says if New York City wins, it will dramatically impact the over 300 workers on the farms. 

Henley says that while the battle continues, they will ultimately prevail. 

Henley says if New York City wins, it will set a bad precedent leaving the door open for other products to be banned, like beef or chicken. 

“It’s almost as if they have unlimited power,” said Henley.

The Democrat reached out to the New York State Department of Agriculture and Markets for comment but did not get a response by presstime. 

Hudson Valley Foie Gras and La Belle Farms are the two largest producers of Foie Gras in America and are based in Sullivan County. 

Animal rights activists have called the procedure of creating foie gras—which is done by feeding a Mulard Duck multiple times a day with a plastic tube—inhumane and cruel.

Voters For Animal Rights previously told the Democrat, “New York City has the right to ban the sale of a cruel product that comes from tortured animals. The foie gras industry’s attempt to overturn the will of the democratically-elected New York City Council by calling on their friends in the Department of Agriculture and Markets to help is a last-ditch effort. Foie gras is a product of cruelty and has no place in our city. We are confident the ban will go into effect.”

The Ducks

According to Henley, Izzy Yanay learned to make foie gras in Israel and came to New York in the 1980s and was looking to establish a farm in America as, at that time, there was little product manufacturing. 

One day while he was flying on his private plane, he stopped in Sullivan County for coffee and talked to gentlemen who operated the coffee shop, and he was able to connect with a farmer who lived near the airport. 

After conversing and visiting the area, Yanay and partner Michael Ginor started the farm and became one of the first to have an inclusive operation where the product is processed entirely on-site. 

Foie gras is created by feeding the Mulard duck, which is a combination of a Pekin and Muscovy duck, multiple times during a specific part of the life cycle of the duck, which causes the liver to fatten.

From the time ducklings reach the farm at one day old, it takes about 105 days from their arrival at the farm until it is slaughtered. 

Once the ducklings arrive at the farm, they keep a heated barn at 95 degrees on the floor and are separated by age. In a barn, 12,000 ducklings are housed at any one time. 

Once the ducks are about 12 weeks old, they are placed in another barn to begin feeding. 

Henley said 11 ducks are placed in a 24-square foot enclosure and fed by a plastic tube which is placed down the duck’s throat and fill its feeding sack three times a day, at eight hours apart. 

“We’re not forcing food into the stomach; we’re putting it into the crop, which is a sack that has a capacity of about a liter at the base of the throat,” said Henley.

And after 21 days, the ducks are slaughtered, and Henley said he uses about every part of the duck, which includes harvesting the meat, the liver, feathers used in down products, and even the bones, which are crushed and used in pet foods. 

Once the ducks are ready to be processed, they are given a “water bath stunner,” which means the ducks come in contact with water and are given an electrical charge which Henley says puts them to sleep before they begin to cut and bleed the duck. 

Once that happens, the ducks are placed in a hot water bath, and all the feathers are removed; they are hung by the neck and chilled overnight before the rest of the duck is further processed.

And because every part of the duck is used, Henley said if the farm loses a significant portion of its business, it can have a domino effect on other industries. 

Henley said, “We’re proud of honoring the animal as best we can. And using every bit of it is really important.” 

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