State Fines Foie Gras Factory Farm in Response to HSUS Lawsuit

New Clean Water Act Violations Also Discovered at State-Funded Facility

WASHINGTON -- Today, The Humane Society of the United States, the nation's largest animal protection organization, expanded its ongoing lawsuit against Hudson Valley Foie Gras for violations of the federal Clean Water Act.

The move comes in response to the State of New York's decision to take enforcement action against Hudson Valley Foie Gras, based on violations identified in HSUS' lawsuit, as well as violations that the state recently discovered. The new violations include the discharge of manure-related pollutants and the installation of an unauthorized manure cesspool at the facility.

Although the facility faced penalties of up to $37,500 per violation under state law, the state fined the facility only $30,000 – less than one-tenth of one percent of the available penalties for the more than 800 violations identified in the enforcement order.  

Less than a year ago, New York granted the facility more than $400,000 in taxpayer funds to expand its forced-feeding operations, and subsequently defended that decision by claiming that the factory farm is in compliance with all applicable federal and state laws.

"We applaud the state for finally recognizing that this facility is violating water pollution laws," said Jonathan Lovvorn, vice president of Animal Protection Litigation for The HSUS. "But the decision to settle 800 violations for less than $50 apiece is inexcusable, as is the state's continued funding of this illegal operation."

Last week, Judge Stephen C. Robinson of the federal court in White Plains, New York, granted The HSUS permission to amend its suit to ensure appropriate penalties are assessed in the case, and to include the new legal violations identified by the state. A copy of the amended complaint is available upon request.

Facts:

·  Hudson Valley Foie Gras raises and slaughters ducks to produce the controversial French "delicacy" foie gras. Birds are force-fed an unnatural amount of food through a pipe thrust down their throats until their livers expand to ten or more times their natural size. This process not only results in extreme suffering for the birds, it also produces a significant amount of waste, including manure and slaughter waste.

·  In the New York State Assembly and Senate, two bills are being introduced by Assembly member Benjamin and Senator Padavan that would outlaw force-feeding a bird to produce a fatty liver.

·  More than 15 countries, California and Chicago have legislated against the cruelty inherent in foie gras production. Even the Pope has condemned it.

Timeline:

·  February 2007—New York issues a $30,000 penalty against Hudson Valley Foie Gras for violating state environmental law over 800 times.

·  November 2006—The HSUS and other organizations file suit against New York State to prohibit the production and sale of foie gras as an adulterated food product.

·  September 2006—The HSUS sues Hudson Valley Foie Gras for hundreds of violations of the Clean Water Act.

·  August 2006—The HSUS sues the state for granting a $420,000 subsidy for expansion of Hudson Valley Foie Gras's operations.

·  April 2006—Chicago city council bans sale of foie gras, effective August 2006.

·  August 2004—California bans the production and sale of foie gras, effective 2012.

For more information, visit The HSUS' website (http://www.hsus.org/farm/camp/ffa/foie_gras.html) on foie gras production.

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The Humane Society of the United States is the nation's largest animal protection organization – backed by 10 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty -- On the web at www.HumaneSociety.org.