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Foie Gras? Loopholes in the law? [moved from San Diego board]

Dagney Jun 21, 2012 09:05 PM

So....apparently it's only illegal to sell it. Does that mean we can still get it "free" with other menu items that will cost about the same as a foie gras dish? This law is such bs. Not to get off topic, but I am so over this tell-me-what-to-eat nonsense. If anyone needs me I'll be in the kitchen with some TRANS FATS.

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  1. honkman RE: Dagney Jun 21, 2012 11:51 PM

    There are a number of possibilities how foie gras will be also available in restaurants in the future including the "free" version. Just google it and you will find some suggestions how to work around the law

    1. f
      ferret RE: Dagney Jun 22, 2012 01:03 PM

      In Chicago it popped up as a free item pretty quickly.

      1. Bill Hunt RE: Dagney Jun 24, 2012 09:26 PM

        As the clock strikes Midnight on June 30th, many restaurants on the "Left Coast," are working with "foie gras" special meals.

        I have this feeling, that anyone, who wishes foie gras will be killed, though the same folk will never recommend that for serial murderers. Same for large soft drinks in NYC?

        Hunt

        1. J.L. RE: Dagney Jun 27, 2012 07:44 PM

          I'm not a legislator or lawyer, but I believe the backers of this piece of legislation foresaw people trying to use loopholes, so it's worded more generally so as to prohibit the SERVING of the liver of any bird which is overfed purposefully so as to increase its liver size.

          The word "serving" includes free portions.

          8 Replies
          1. re: J.L.
            ipsedixit RE: J.L. Jun 27, 2012 09:03 PM

            What if there was a buffet table of foie gras and it was "self-serve"?

            In all seriousness, the law will not be enforced in CA -- either by law enforcement for PETA-type organizations.

            Plus, it is only illegal to sell foie gras produced in CA -- not the foie imported from out-of-state, and it is certainly not illegal to possess such imported foie.

            1. re: ipsedixit
              J.L. RE: ipsedixit Jun 27, 2012 11:10 PM

              What, there will be no "Bird Liver Police" force?!

              Envisioning Eliot Ness deputizing a whole new breed of gastronomic cops, trained to bust foie gras speakeasies all over our fair metropolis...

              1. re: J.L.
                Tripeler RE: J.L. Jun 28, 2012 01:00 AM

                Look for a sketch on Saturday Night Live at some point -- I am sure it will happen.

                1. re: Tripeler
                  maria lorraine RE: Tripeler Jul 26, 2012 08:04 PM

                  Was thinking the same thing -- a sketch about foie narcs by some Bay Area-based comedy troupe. They confiscate the "goods" but back in the squad car have a George Forman grill hot-wired into the cigarette lighter for cooking and chilled Sauternes in the cooler.

                  1. re: maria lorraine
                    Bill Hunt RE: maria lorraine Jul 26, 2012 09:47 PM

                    Hey, in SF, a fine cigar is evil and is reason to have one banished to the "outer regions," but if you are toking a doobie, regardless of what your witch doctor has prescribed, you are OK.

                    Nah, though I have to be in that "odd city by the bay," I just pay zero attention, and just dine elsewhere on this globe. Such is life.

                    Hunt

                    1. re: Bill Hunt
                      mariacarmen RE: Bill Hunt Jul 27, 2012 10:53 PM

                      who thinks a fine cigar is evil? i know people who smoke 'em here, and they co-exist just fine with the pot-smokers.

                      and you'd have to pay some amount of attention to know that there is a ban here - and um, not just here, but in all of CA.

              2. re: ipsedixit
                huiray RE: ipsedixit Jul 24, 2012 09:39 PM

                I asked Hudson Valley a short while back if they would ship their stuff to private customers in California and they said they would not but are working on it. They filed suit (with two others) in CA immediately after the ban went into effect. (I believe you would have read that other thread as you posted there after your post here. This is for others reading this thread.) (http://chowhound.chow.com/topics/8564...)

              3. re: J.L.
                mariacarmen RE: J.L. Jul 24, 2012 09:28 PM

                where is the word "serving"?

                http://leginfo.legislature.ca.gov/fac...

              4. Bill Hunt RE: Dagney Jul 24, 2012 09:46 PM

                Well, we made many of the "pre-foie gras" events, but missed many too.

                I just dine elsewhere, and do not look back.

                Sorry that some of my favorite chefs in the CA-area cannot legally serve it, but such is life.

                I only have to deal with it, about 1 - 4x per month, but luckily get to travel to other environs.

                Hunt

                1. Midlife RE: Dagney Jul 26, 2012 09:32 AM

                  Here we go!!!

                  I'm not a lawyer but the law (linked above) does say that the product may not be sold in California. So this could turn on where 'title' to the foie gras changes hands. A restaurant can't legally buy it in California, but can they buy it out of state and serve it within California?

                  Some lawyers are going to have fun with this.

                  6 Replies
                  1. re: Midlife
                    Dagney RE: Midlife Jul 26, 2012 11:20 AM

                    The first fun argument that comes to mind is what technically constitutes the act of "serving." Could a server carry a plate of foie gras to a table on a tray, set the tray on a stand, and then leave? Allowing the guest to pick up the plate on his/her own?

                    This whole thing is so annoying and just smacks of overt government control. Who is going to enforce this law? I work in law enforcement and I can tell you we will have NOTHING to do with this petty bs.

                    1. re: Dagney
                      Midlife RE: Dagney Jul 26, 2012 05:50 PM

                      Well............ the law says nothing at all about "serving"............. just SELLING. I doubt that serving will find a home in the legal playground, but lawyers will be lawyers, so maybe.

                      1. re: Dagney
                        Bill Hunt RE: Dagney Jul 26, 2012 07:27 PM

                        <<Who is going to enforce this law?>>

                        I would anticipate that CA has hired a bunch of IRS agents, on their "off time," to patrol every restaurant, to enforce the law. I would also imagine that CA will do a Web site, encouraging everyone to "turn in any restaurant, or patron, which/who does not adhere to our edict... " Hey, that worked well for Adolph Hitler, only 80 years ago.

                        I will just not worry, on my once to twice monthly SF trips. I will get my "fix" elsewhere.

                        Hunt

                        1. re: Bill Hunt
                          ipsedixit RE: Bill Hunt Jul 26, 2012 08:51 PM

                          It's already well known and settled that this law is not going to be enforced. By anyone.

                          1. re: Bill Hunt
                            J.L. RE: Bill Hunt Jul 26, 2012 09:27 PM

                            Wow, I didn't realize the state coffers overfloweth so...

                            1. re: J.L.
                              mariacarmen RE: J.L. Jul 27, 2012 10:45 PM

                              um yeah, one hopes Mr. Hunt is being "funny". no such actions are foreseen by anyone here.

                      2. PotatoHouse RE: Dagney Jul 27, 2012 09:35 AM

                        "25982.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."

                        Give it away for free. Simple answer within the law.

                        4 Replies
                        1. re: PotatoHouse
                          chefj RE: PotatoHouse Jul 27, 2012 05:27 PM

                          It comes free with and 30$ order of Brioche toast and Rhubarb Gastric !

                          1. re: chefj
                            Dagney RE: chefj Jul 27, 2012 05:30 PM

                            In all seriousness, I am wondering if this is the way the issue will be handles by restaurants.

                            1. re: Dagney
                              chefj RE: Dagney Jul 27, 2012 05:39 PM

                              I sure hope so. I think that was what was happening in Chitown.

                              1. re: chefj
                                maria lorraine RE: chefj Jul 27, 2012 07:59 PM

                                The Chitown revolt was dazzling.

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