Food Safety Report – Wednesday July 11th, 2012

Food Safety

FDA Inspection Likely to Further Implicate Diamond Pet Foods

Lawsuits filed against pet food manufacturer and Costco

by James Andrews

The results of a U.S. Food and Drug Administration inspection into a Diamond Pet Foods production plant may benefit the trio of lawsuits filed against the Missouri pet food manufacturer tied to a Salmonella outbreak and recall earlier this year.

That inspection, conducted six days after the first of Diamond’s eight recalls, found numerous health violations, including failures to clean and maintain equipment and a lack of contaminant screenings on raw ingredients. The evidence does not bode well for Diamond as the company faces three separate lawsuits from human victims and pet owners in the U.S. and Canada, according Benjamin England, a 17-year FDA veteran and founder of FDAImports.com, a food industry consulting firm.

On his blog last week, England highlighted Diamond’s situation as a cautionary tale for other food manufacturers. If Diamond had operated in compliance with FDA rules, England said, they would appear much less culpable and could use the favorable inspection to bolster their legal cases and public image.

Instead, it’s being used against them. The lawsuits specifically cite the inspection report as evidence of Diamond’s negligence and breach of warranty.

“It looks to me as though there’s a relationship between the violations at the facility and the adverse situations the company is facing now,” England told Food Safety News. “You can’t predict when an outbreak or recall might happen, but you can eliminate a lot of risk through compliance.”

According to the U.S. Centers for Disease Control and Prevention, multiple brands of Diamond pet food have sickened at least 20 Americans and two Canadians with Salmonella Infantis since March. The agency says it’s impossible to determine the number of dogs sickened, as so few pets are ever tested for gastrointestinal bacteria.

Read Full Article Here

Wire Grill-Cleaning Brushes Can Pose Food Safety Hazard

6 injuries in past year

by Gretchen Goetz

Wire bristles from grill cleaning brushes are finding their way into people’s food — and down their throats, according to a new report.

Between August of 2011 and June of 2012, six people went to the hospital with internal injuries from wire bristles lodged in their necks or stomachs, according to this week’s Morbidity and Mortality Weekly Report, published by the Centers for Disease Control and Prevention.

All six of the victims reported eating grilled food before their injuries occurred. Three of them experienced immediate pain upon swallowing the adulterated food, and were later found to have a piece of wire lodged in their throats.

These three people included one woman age 46 and two men ages 50 and 64.

The other patients — three men ages 31, 35 and 50 — experienced abdominal pain shortly after eating.

Read Full Article Here

Campaign to Reduce Antibiotic Use in Animal Ag Comes Under Fire

by Gretchen Goetz

In a letter to Congress this week, a coalition of agricultural groups sharply criticized a campaign launched this month to reduce the use of antibiotics in food-producing animals.

The letter, signed by 17 groups representing the interests of meat and poultry producers, veterinarians and feed suppliers, stressed the importance of antibiotics in animal production and said the campaign title – “Meat Without Drugs” – is misleading because antibiotics used to treat animals don’t end up in the final product.

“Our U.S. meat and poultry supply is ‘without drugs,’ say the authors. “Livestock and poultry are sometimes treated with antibiotics to prevent, control and treat diseases, but strict withdrawal periods must be followed to ensure that no residues are contained in the products we consume.”

Consumers Union began its campaign in June because it felt that the U.S. Food and Drug Administration (FDA) had not taken strong enough steps to regulate agricultural antibiotic use, despite growing evidence that the widespread use of antibiotics on farms is contributing to drug resistance in pathogens that cause disease in humans.

In April, the agency published a guidance on the “judicious use” of antibiotics in food-producing animals, which recommends that antibiotics be used only to prevent and treat disease among animals, but not for growth promotion. FDA has also issued draft guidance for drug companies suggesting that antibiotics used for growth promotion and to prevent disease require a prescription from a vet to administer.

Frustrated that FDA’s policies lack teeth, Consumers Union is calling on grocery stores to offer only antibiotic-free meat as a way to pressure farmers not to use antibiotics in livestock production.

But this week’s letter from industry and veterinarians says the Consumers Union campaign is misguided.

The authors take special issue with Consumers Union’s claim that animals on factory farms are raised in crowded and unsanitary conditions – thus the need for drugs to prevent the spread of disease.

“This often repeated assertion simply defies logic from an economic and good husbandry standpoint,” says the letter. “It can cost producers hundreds of thousands of dollars to erect indoor facilities – facilities designed by experts giving careful consideration to promote productivity by helping minimize economic losses caused by disease and the associated necessary treatment of sick animals.”

The letter also points out that while Consumers Union asserts that 80 percent of antibiotics sold in the U.S. are used to promote growth and prevent disease in factory farm animals, the widely cited 80 percent statistic actually refers to the proportion of antibiotics used in all food-producing animals for all uses, including treatment of sick animals.

Read Full Article Here

Real Raw Milk Facts Makes Legislative Recommendations

by Dan Flynn

With three years of experience in the information wars over raw milk under its belt, a largely academic group has decided to enter the legislative area with its own 12-page “Raw Milk Legislation Packet.”

Real Raw Milk Facts, a group that grew out of meetings sponsored by the American Veterinary Medical Association and the International Association for Food Protection, published the guide as part of their mission to counter the growing popularity of drinking unpasteurized, unprocessed milk by giving consumers information about the potential risks.The policy recommendations were drawn from the literature and information provided by the Real Raw Milk Facts website, which is run by a working group comprising scientists and public health advocates around the country.

The group founded the web-based clearinghouse for factual raw milk information. It is sponsored in part by the nationally-known food safety law firm of Marler Clark, which publishes Food Safety News.

Now the group of veterinarians and food experts is stepping into offering policy recommendations to state lawmakers.  It recommends that states:

Read Full Article here

Three Oregon Residents Contracted Botulism from Home Canned Foods

  By Carla Gillespie

The Oregon State Public Health Laboratory this week confirmed that three residents contracted botulism from home canned foods at a private barbecue. Since botulism is not spread person to person, there is no risk to the general public. All three people had to be hospitalized.

Deschutes County Health Services, which conducted the investigation, is reminding consumers of the importance of following hygienic canning procedures to the letter. Your state extension service is an excellent source of information about this practice.

The National Center for Home Food Preservation recommends the most current research-based metwhods for home food preservation. For instance, for low-acid foods such as green beans and meats, a pressure canner is needed. There are no safe boiling water canning options for vegetables, meats, seafoods, soups, and some food mixtures. That organization offers a free online course for consumers who want to can their own food.

Foods contaminated with botulinum toxin may not look, smell, or taste spoiled. To avoid botulism:

Read Full Article here

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Recalls

Aandante Dairy Cheeses Recalled

by News Desk

The California Department of Food and Agriculture (CDFA) announced this week that cheeses made by the Andante Dairy of Petaluma, California were subject to a recall and quarantine order due to a lack of proper pasteurization.

In a press release, the agency stated that no illnesses had been associated with the cheese products and that Andante Dairy was cooperating with the recall.

The recalled cheeses were sold in sizes from five to eight ounces, with no code date or variety information on the packages. The cheeses were sold mainly to retail markets, restaurants and cheese shops in California, with very limited distribution in Chicago and New York.

Three varieties of Andante Dairy cheese exempt from the quarantine are Musette, Tomme Dolce, and Etude. Consumers are urged to discard any other varieties from this producer.

Store Brand Salad Mixes Recalled By BI-LO

by News Desk 

The 206-store BI-LO supermarket chain, operating in North Carolina, South Carolina, Georgia and Tennessee, has recalled of two store brand products– Southern Home® Bacon Ranch Salad Mix and  Southern Home® Creamy Parmesan Salad Mix.

The salad mixes may contain small metal fragments.

“We encourage consumers in possession of any of the recalled items to immediately discard the product or bring it back to their local BI-LO,” said Allen Reavis, BI-LO’s vice president of grocery. “As part of the company’s Satisfaction Guarantee, customers who have purchased the product may visit their neighborhood store to request a full refund.”

Read Full Article Here

Buona Vita Recalls 300,000 Pounds of Meat Products for Listeria

by News Desk

New Jersey-based Buona Vita, Inc. is recalling approximately 324,770 pounds of various frozen, ready-to-eat meat and poultry products over concerns about Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced late Friday.The problem was discovered through microbiological testing by FSIS and the Ohio Department of Agriculture. FSIS said there are no reports of illness linked to these products, but anyone concerned about foodborne illness should contact a healthcare provider.Here is a list of products affected by the recall:

The following items were produced on May 3, 2012 and can be identified by the case code “1242” – view labels here.

-10-lb. cases of Cupino “Fully Cooked Meatballs with Pork and Beef”
-10-lb. cases of Mama Isabella “1/2 oz. size Beef and Pork Meatballs”
-10-lb. cases of Mama Isabella “1 oz. size Beef and Pork Meatballs”
-10-lb. cases of Mama Isabella “2 oz. size Beef and Pork Meatballs”
-10-lb. cases of Buona Vita, Inc. “Sapore Italiano .75 oz Baked Meatballs with Beef and Pork”
-30-lb. or 10-lb cases of Buona Vita, Inc. “Buon Gusto ½ oz Baked Italian Style Meatballs Made with Chicken and Beef”

The following items were produced on May 4, 2012 and can be identified by the case code “1252” – view labels here.

-10-lb. cases of Vincent Giordano “4 oz. Cooked Italian Style Meatball”
-10-lb. cases of Buona Vita, Inc. “Filomena 3 oz. Baked Italian Style Meatballs”
-10-lb. cases of Buona Vita, Inc. “Sapore Italiano .75 oz Baked Meatballs with Beef and Pork”
-30-lb. or 10-lb. cases of Buona Vita, Inc. “Buon Gusto ½ oz Baked Italian Style Meatballs Made with Chicken and Beef”
-10-lb. cases of Dirusso’s “Fully Cooked ½oz Meatballs”
-30-lb. or 10-lb. cases of Dirusso’s “1 oz Italian Style Meatballs Fully Cooked”
-10-lb. cases of Dirusso’s “Fully Cooked Mini Meatballs”

The following items were produced on May 7, 2012 and can be identified by the case code “1282” – view labels here.

-30-lb. cases of Silver Lake Brand “3 oz Cooked Dinner Loaf Made with Chicken and Beef”
-30-lb. cases of Argenta Pride “Cooked Dinner Loaf Made with Chicken and Beef”
-30-lb. cases of Silver Lake Brand “3oz Cooked Chicken and Beef Burger Pattie Made with Chicken and Beef”
-30-lb. cases of Argenta Pride “3 oz Cooked Chicken and Beef Burger Patty Made with Chicken and Beef”
-30-lb. cases of Silver Lake Brand “4 oz Cooked Chicken and Beef Burger Made with Chicken and Beef”
-30-lb. cases of Silver Lake Brand “4oz Cooked Chicken Salisbury Patty Beef Added”
-30-lb. cases of Silver Lake Brand “3oz Cooked Chicken Salisbury Patty Beef Added”
-30-lb. cases of Argenta Pride “Cooked Chicken Salisbury Patty Beef Added”

The following items were produced on May 8, 2012 and can be identified by the case code “1292” – view labels here.

-30-lb. cases of Argenta Pride “Cooked Chicken Salisbury Patty Beef Added”
-30-lb. cases of Argenta Pride “Cooked Dinner Loaf LS Made with Chicken and Beef”
-30-lb. cases of Argenta Pride “Cooked Breakfast Patty Made with Chicken and Beef”
-30-lb. cases of Silver Lake Brand “Cooked Breakfast Patty Made with Chicken and Beef”
-10-lb. cases of Whitsons Food Service “½ oz. Baked Italian Style Meatballs Made with Chicken and Beef”
-10-lb. cases of M&R Frosted Food Co. “.5oz Cooked Chicken and Beef Meatballs”
-10-lb. cases of Buona Vita, Inc. “Buon Gusto ½ oz Baked Italian Style Meatballs Made with Chicken and Beef”
-10-lb. cases of M&R Frosted Food Co. “1 oz Cooked Chicken and Beef Meatballs”
-10-lb. cases of Buona Vita, Inc. “Buon Gusto 1 oz Baked Italian Style Meatballs Made with Chicken and Beef”
-10-lb. cases of Buona Vita, Inc. “Buon Gusto 2 oz Baked Italian Style Meatballs Made with Chicken and Beef”

Read Full Article Here

Romaine Lettuce Recalled in NV and CA for Salmonella

by News Desk

Pacific International Marketing is recalling 19 cases of bulk Romaine Lettuce sold at Vons and Pavilions stores in California and Nevada due to potential Salmonella contamination. The bulk Romaine Lettuce was sold in bulk produce bins from July 2, 2012 through July 4, 2012. The lettuce heads are banded with a red twist tie marked “Safeway.”The company is asking that consumers who may have purchased this product should discard it or return it to the place of purchase for a full refund. According to Pacific, no Illnesses have been reported to date. The recall was sparked by a positive Salmonella test taken at the field level.

Read Full Article Here

Fresh Shelled Peas Recalled in Canada for Listeria

by News Desk

The Canadian Food Inspection Agency and Thomas Bros. Farm Market issued a public health warning, asking consumers to not eat a certain variety of fresh shelled peas because the product may be contaminated with Listeria monocytogenes.The fresh shelled peas were sold from Thomas Bros. Farm Market located at 5856 Colonel Talbot Road, London, Ontario on June 27, 2012. The packages do not bear a label identifying the store name or other information.There have been no reports of illness, but consumers who have this fresh product in their homes or may have frozen it are advised not to consume it.

Read Full Article Here

Arctic Zero Recalling Frozen Desserts for Undeclared Milk

 By Linda Larsen

Arctic Zero Inc of California is recalling frozen desserts in pints and chocolate dipped bars for relabeling. The products contain milk, which is not declared on the label. All products produced before February 2012 do not have the statement, “Contains whey protein, which is a derivative of dairy” on the label. You can see all of the product labels at the FDA site.

Product details of products sold in 16 ounce pints:

• Chocolate (UPC:  8-52244-00300-8)
• Vanilla Maple (UPC:  8-52244-00306-0)
• Mint Chocolate Cookie (UPC:  8-52244-00304-6)
• Cookies and Cream (UPC:  8-52244-00303-9)
• Chocolate Peanut Butter (UPC:  8-52244-00301-5)
• Coffee (UPC:  8-52244-00302-2)
• Strawberry (UPC:  8-52244-00305-3)
• Pumpkin Spice (UPC:  8-52244-00307-7)

Read Full Article Here

Expanded Recall of Mazuri Feed Products

 By Kathy Will

The recall of Mazuri Feed Products, made by PMI Nutrition International, is expanding to include three additional varieties for elevated levels of vitamin D, which can be harmful. Symptoms of vitamin D overdose in animals include lack of appetite, weight loss, and possible joint stiffness. You can see photos of all of the products at the FDA site.

The first recall, issued July 5, 2012, included four products.

Product details:

• Mazuri® Primate Maintenance Biscuit 25#
  • Item number 0040996
  • Lot number APR11123
  • Formula number 5MA2
• Mazuri® Mouse Breeder 9F 50#
  • Item number 0006758
  • Lot number APR20122
  • Formula number 5M68
• Mazuri® Primate Basix 25#
  • Item number 0062089
  • Lot number APR20123
  • Formula number 5NAA

Read Full Article Here

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Articles of Interest

Codex Adopts Ractopamine Limits for Beef and Pork

Contentious 69-67 vote on key trade issue pits United States against China and the EU

by Helena Bottemiller

After years of scientific and political stalemate, the Codex Alimentarius Commission, a UN food standards-setting body, narrowly voted to advance a residue limit for ractopamine hydrochloride, a controversial veterinary drug used in food animal production.

The 69-67 vote to adopt a Maximum Residue Limit (MRL) for the beta agonist — which is approved for boosting growth and increasing leanness in pigs, cattle and turkeys — is a big win for the United States’, Brazil’s and Canada’s trade interests.

Major meat exporting countries that use ractopamine have been pushing for a global standard for several years. A Codex MRL makes it easier for the U.S. and others to challenge countries like China, the European Union and Taiwan for having zero tolerance policies for ractopamine residues in meat products. With an MRL in place, the World Trade Organization is much more likely to rule against any country that has a more restrictive policy.

The Codex MRL is 10 parts per billion (ppb) for muscle cuts of beef and pork. The U.S. Food and Drug Administration’s limit is 30 ppb for beef and 50 ppb for pork.

Such a close and contentious vote is rare at Codex. The scientific commission adopts dozens of food safety standards each year by consensus, with well over one hundred countries participating.

Ractopamine MRLs have been stuck at Step 8, the final step before adoption, since 2008. Interests on all sides of the ractopamine issue have worried that the bitter fight over the drug could ultimately jeopardize the legitimacy of Codex.

“We are concerned that with this vote, Codex is becoming another politicized global body, rather than the science-based consensus body it has managed to be so far,” said Michael Hansen of Consumers International, which represents 220 consumer organizations in 110 countries. CI has observer status at Codex meetings, meaning they cannot vote but may have a representative present.

“In the past, Codex has avoided adopting standards where scientists disagree, or where the scientific data is lacking or insufficient,” added Hansen, in a CI statement. “We now see a situation where trade concerns are trumping science. This does not bode well for the credibility of Codex standards in the future.”

U.S. officials and agriculture interests take a different view. They praised the vote in favor of MRLs as evidence that the commission is still science-based and ultimately not swayed by politics.

Read Full Article Here

South Dakota Puts Restaurant Scores Online

by Dan Flynn

Practicing a little food safety while traversing South Dakota to visit Mount Rushmore just got easier.  The state health department has now put restaurant scores online along with grades for lodging and campground establishments.

It means you can quickly check the scores for some of those famous South Dakota tourist attractions like Wall Drug (91), Rushmore Plaza (89), and the Corn Palace (91). Rushmore Plaza and the Corn Palace each had a critical violation in their last inspection.

Those are a few examples of how South Dakota is stepping up its entire inspection and licensing system. The first to benefit are residents and visiting consumers who can now access the inspection scores for South Dakota’s nearly 6,000 food service, lodging and campground establishments on the new state website.

And by this time next year, the state South Dakota Department of Health’s upgrade project calls for posting the full inspection reports. For now, the new website has the score and number of critical violations for at least the past four inspections.

Inspections are public record under South Dakota state law, and were previously made available only upon request. Moving them to the web is part of the state’s transparency program for public records.

“We needed an electronic system that would let inspectors enter real-time inspection reports, vendors submit license applications and fees, and the public to more easily access health scores so creating it was no easy task,” said SD Secretary of Health Doneen Hollingsworth.

“This should be a vast improvement over the antiquated paper-based system we’ve been using and should streamline the process for vendors and inspectors alike,” she added.

Read Full Article Here

California Foie Gras Ban Turns Into a New Fight

by Dan Flynn

When meat is outlawed — in this case fatty livers of geese or ducks — only outlaws will eat meat.

Foodies are hoarding all the fatty geese or duck livers they can find, while new foie gras farmers may be setting up right across the border.

Chefs are flaunting the ban on the fatty livers by serving the very French dish known as foie gras.

And California’s restaurant industry is in federal court, asking to have the ban on serving the fatty livers struck down for a long list of reasons.

All of this stems from a 2004 bird feeding law with a rather long trigger for a ban on serving foie gras, the French delicacy made from fatty livers of geese or ducks. The ban went into effect one week ago, on July 1, 2012.

The law bans the production and sale of both foie gras and its byproducts like down for jackets and comforters.The nearly eight year delay before it took effect was intended to give producers, using the gavage process involving the use of feeding tubes inserted in the throats of the poultry, time to get out of the business.

In the week since the ban went into effect, California restaurants could be subjected to fines up to $1,000 for serving foie gras. The limited supply of product remaining may be why none have apparently cited.

Former State Sen. John Burton, now chairman of the California Democratic Party, was the sponsor of the 2004 bill.  Burton told the Free Republic the law has “nothing to do with meat. It has to do with animal cruelty.”

While animal cruelty was the reason for the ban, questions have been raised about the food safety of foie gras. The argument–which is rejected by USDA–is that force-fed birds develop bacteria or toxins in their blood resulting in a disease that can prove fatal before slaughter. USDA, however, declined a request to put a notice on the label saying: “Foie gras products are derived from diseased birds.”

Spanish Farmers Paid a Price for Europe’s E. coli O104 Outbreak

by News Desk

The Murcia region in southeastern Spain, where the Segura River is found, is known as Europe’s orchid because of its abundant production of fruits, vegetables and flowers.

But Murcia is coming off a down year because of a variety of factors, not the least of which was the virulent E. coli outbreak last spring centered in northern Germany that resulted in some false alarms pointing fingers at produce that turned out not to be responsible for the outbreak, before European health officials finally settled on sprouts.

Before imported Egyptian-grown fenugreek seeds were found to be the source of the deadly 2011 E. coli O104:H4 outbreak, raw cucumbers, tomatoes and lettuce were all suspected sources. These foods were either banned from countries outside Germany or slowed from crossing borders.

Read Full Article Here

Denmark Close to Conquering Salmonella

 By Linda Larsen

According to new statistics, in 2011 the number of Danes contracting Salmonella infections fell to the lowest level since the 1980s. That country has a strict policy called the Danish National Salmonella Control Program that reduces Salmonella bacteria in egg-laying hens and broilers.

That program works to minimize human exposure to Salmonella from live animals and meat products. It detects, prevents, and controls Salmonella in “primary production”, or on the farm, before there is any threat to human health.

These proactive measures, as opposed to the reactive measures of recalls and relying on proper handling by consumers, has reduced the incidence of Salmonella infections to just 1,166 in 2011. And almost half of those infections were contracted by Danes traveling to Egypt, Thailand, and Turkey.

Read Full Article Here

Toxoplasmosis Parasite May Raise Mother’s Suicide Risk

 By Linda Larsen

A study published in the July 2012 issue of the Archives of General Psychiatry has found an association between Toxoplasma gondii infections and history of suicide attempts. The study followed 45,788 Danish women who had children between 1992 and 1995. The study lasted for more than ten years.

During that time period, only 78 women tried a violent suicide attempt. That makes infected women 81% more likely to attempt suicide than non-infected women. The risk increases with increasing IgG antibody levels to T. gondii. The study’s authors want to emphasize that the risk of very small, and this study doesn’t prove a link between T. gondii infections and suicide, but means that further studies should be conducted.

Another study found a significant relationship between T. gondii infections, along with other infectious agents, and suicidal self-directed violence in younger patients who had an increased risk of schizophrenia.

Toxoplasmosis gondii infections are typically contracted through coming into contact with infected cat litter, by eating infected raw or undercooked meat, and by drinking water contaminated with the oocysts.  In fact, a recent study found that organic meats may carry an increased risk of toxoplasmosis. The infection can be passed from a pregnant women to her fetus, which can lead to brain damage, retardation, and blindness in the baby.

Read Full Article Here

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Foie Gras : The Latest Battle Being Waged Between Gastronomical Delights and Animal Cruelty

California Foie Gras Ban Turns Into a New Fight

by Dan Flynn

Food Safety News

When meat is outlawed — in this case fatty livers of geese or ducks — only outlaws will eat meat.

Foodies are hoarding all the fatty geese or duck livers they can find, while new foie gras farmers may be setting up right across the border.

Chefs are flaunting the ban on the fatty livers by serving the very French dish known as foie gras.

And California’s restaurant industry is in federal court, asking to have the ban on serving the fatty livers struck down for a long list of reasons.

All of this stems from a 2004 bird feeding law with a rather long trigger for a ban on serving foie gras, the French delicacy made from fatty livers of geese or ducks. The ban went into effect one week ago, on July 1, 2012.

The law bans the production and sale of both foie gras and its byproducts like down for jackets and comforters.

The nearly eight year delay before it took effect was intended to give producers, using the gavage process involving the use of feeding tubes inserted in the throats of the poultry, time to get out of the business.

In the week since the ban went into effect, California restaurants could be subjected to fines up to $1,000 for serving foie gras. The limited supply of product remaining may be why none have apparently cited.

Former State Sen. John Burton, now chairman of the California Democratic Party, was the sponsor of the 2004 bill.  Burton told the Free Republic the law has “nothing to do with meat. It has to do with animal cruelty.”

While animal cruelty was the reason for the ban, questions have been raised about the food safety of foie gras. The argument–which is rejected by USDA–is that force-fed birds develop bacteria or toxins in their blood resulting in a disease that can prove fatal before slaughter. USDA, however, declined a request to put a notice on the label saying: “Foie gras products are derived from diseased birds.”

Chefs and many high-end restaurants in California are not taking the ban lying down. Chicago overturned its ban on foie gras — it appears that how fatty livers are made is less of a concern to policy makers than is the ecological impact of shark fin soup, which is banned.

California groups asked the federal court to strike down the fatty liver ban, mainly because it impacts interstate commerce and may overstep the state’s authority to do so. California has seen other laws struck down for the same reason, most recently on its total exclusion of so-called “downer” animals from federally regulated slaughter facilities.

In the court challenge, the law is also challenged for being too vague to enforce. It includes language to prevent over-feeding, but there are no standards in terms of weight, volume or caloric values.

Sonoma Foie Gras was the only producer operating in California when the 2004 bill was passed. Chefs and restaurants sought unsuccessfully earlier this year to get the California Legislature to withdraw the ban before it was implemented.

As for eating foie gras, L.A. Time food critic Jonathan Gold described the first time he ran across it in France.  “It was glorious,” he wrote. “It was not an experience from which I wanted to be saved.”