Foie gras at former restaurant Proof. Photo by Scott Suchman.
DC voters have overwhelmingly approved an initiative to ban the sale and production of foie gras. Washington joins California, plus a handful of cities such as Pittsburgh, Portland, and as of this election, Denver in banning the fatty liver, which is produced by force-feeding ducks and geese.
Under the new law, retailers and restaurants that serve foie gras would be fined $1,000 to $5,000 per violation and risk having their business license suspended for repeat offenses. Foie gras farms are also barred from operating in DC, though none currently exist. Individuals could still have foie gras for personal consumption since the law only applies to commercial sales.
Officially, the law doesn’t go into effect until July 1, 2027. But legal and budgetary hurdles could potentially delay enforcement. Just look at New York City: The city council banned the sale of foie gras in 2019, but seven years later, the law is still caught up in the courts.
New York producer Hudson Valley Foie Gras recently told Axios that they are gearing up for a legal fight in DC. “There are no ducks that are being fed for foie gras in DC,” VP Marcus Henley told Axios. “And they’re telling me as a New York farmer that I can’t sell my products in DC. That’s unconstitutional on several grounds.”
Meanwhile, Butterworth’s chef Bart Hutchins—who’s become the face of the pro-foie gras contingent—told Washingtonian that he is also exploring legal options. Over the past week, he offered a $150, four-course foie gras tasting menu with proceeds to be directed toward a legal fight.
Pro-Animal DC—the group that pushed to get the ban on the ballot—says it’s not concerned about the foie gras producer’s legal threat. “The only reason they could take legal action in New York was because they’re in New York state,” says spokesperson Natalie Fulton. “They have zero power over DC, so there’s not anything that they’re going to be able to do about it.”
As for Hutchins? “He can move to Virginia if he wants,” Fulton says.
DC’s chief financial officer estimates that it would cost $314,000 to implement the ban over four years. Those funds would cover educating businesses about the prohibition as well as an inspector at the Department of Energy & Environment, the agency that also enforces bans on Styrofoam containers, straws, and plastic shopping bags. The CFO notes that the inspector is not likely to investigate kitchens or back-of-house operations. Rather, enforcement will be complaint based.
It’s possible that the DC Council could not allocate that $314,000, rendering the law toothless.
Fulton thinks that number is actually “overestimated” and notes that it’s a tiny part of the city’s multi-billion dollar budget. Given the overwhelming “yes” vote, she is confident that councilmembers will go along with the will of the people.
But Hutchins plans to fight on this front too: “I will 100 percent be at a city council meeting asking every single one of them: Did they take the $300,000 from schools? Or did they take it from roads? Or did they take it from police?,” he says. “My hope would be to make it a politically untenable position for all the city council people that want to get reelected.”
One DC chef, who currently serves foie gras and asked to remain anonymous for fear of backlash, says he isn’t convinced that the city will get it together to actually enforce the law: “They don’t have enough inspectors to do a health inspection.” He also says he’s still eaten foie gras in California, even though the state’s ban has been in effect since 2012.
The chef plans to continue serving the fatty liver, and he thinks other restaurants will too. Butterworth’s is one of them.
“If all of that goes against me, then screw it,” Hutchins says. “I’ll keep doing it anyways.”
Food Editor
Jessica Sidman covers the people and trends behind DC’s food and drink scene. Before joining Washingtonian in July 2016, she was Food Editor and Young & Hungry columnist at Washington City Paper. She is a Colorado native and University of Pennsylvania grad.
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