Intro 1378 - A bill to prohibit the sale of foie gras from force-fed birds

Int. No. 1378

By Council Members Rivera, Lander, Brannan, Holden, Rodriguez, Cabrera, Cohen, Rosenthal, Salamanca, Ayala, Espinal, Williams, Levine, Constantinides and Levin

A Local Law to amend the administrative code of the city of New York, in relation to banning the sale of certain poultry products that are the result of force-feeding birds

Be it enacted by the Council as follows:

Section 1. Title 17 of the administrative code of the city of New York is amended by adding a new chapter 19 to read as follows:

CHAPTER 19

FORCE-FED PRODUCTS

§ 17-1901 Definitions

§ 17-1902 Prohibited Conduct

§ 17-903 Penalty

                     § 17-1901 Definitions. For the purposes of this section, the following terms have the following meanings:

                     Food service establishment. The term “food service establishment” means a place where food is provided for individual portion service directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.

                     Force-feeding. The term “force-feeding” means the practice of forcing by any means food or supplements into the throat, esophagus or stomach of a bird.

                     Force-fed product. The term “force-fed product” means any product that is the result of force-feeding a bird with the intent to fatten or enlarge the bird’s liver.

                     § 17-1902 Prohibited conduct. a. No person, or any agent thereof, shall sell or offer for sale, or in any food service establishment provide or offer to provide by sale or any other manner, any force-fed product.

b. Violations of subdivision a of this section shall accrue for each individual force-fed product sold or provided, and in the case of offerings, shall accrue for each day any force-fed product is offered for sale or any other manner of provision.

                     § 17-1903 Penalty. Any person who is found to violate any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of no more than $1,000, or a term of imprisonment for no more than one year, or both, for each such violation.

                     § 2. This local law takes effect 90 days after it becomes law, except that the department of health and mental hygiene shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.