Portland Foie Gras prohibition 2026
proposed ordinance language
ORDINANCE No. _______________
Amend Code to Prohibit the Sale or Provision of Foie Gras (add Code Chapter 17.110)
The City of Portland ordains:
Section 1. The Council finds:
“Foie gras” is a luxury food item typically produced from the diseased and enlarged liver of a duck or goose.
Veterinary experts have confirmed that the extreme fat accumulation induced to make foie gras causes nutritional hepatic steatosis, meaning the birds’ livers are pathologically enlarged and therefore constitute a diseased organ that would ordinarily be considered unfit for human consumption
The production of foie gras typically involves systematically force-feeding the animal until their liver becomes diseased and has enlarged up to ten times its normal size.
The humane treatment of animals is of particular concern to residents of the City of Portland.
The practice of force-feeding birds for foie gras production is widely considered by veterinary professionals to be inhumane because it involves inserting a foot-long metal or plastic tube down a bird’s throat and injecting large and unhealthy quantities of feed into the stomach. Force-feeding induces liver disease in the birds, which is both painful and often fatal. The process also causes the animals significant injury and illness, including bacterial and fungal infections, malnourishment, and/or lameness.
The modern foie gras production industry contributes to environmental degradation and climate change by keeping animals in conditions of intensive confinement that: require large amounts of water and energy; pollute air and waterways; and threaten wild endangered species.
As a result of the treatment and conditions they are subjected to, birds on foie gras factory farms have weakened immune systems, making them especially susceptible to avian influenza (bird flu) infections, which can spread to humans and lead to disease outbreaks. This is of particular concern in light of the recent COVID-19 pandemic.
It is in the public interest to avoid supporting animal cruelty, unsustainable environmental practices, and zoonotic disease risks by removing force-fed products from the marketplace. It is also in the public interest to codify values related to the humane treatment of animals, public health, and environmental stewardship. Therefore, the Council finds it necessary to enact this regulation in the City of Portland in order to achieve these goals.
This Ordinance will not require additional funds for implementation.
NOW, THEREFORE, the Council directs:
Amend Code Title 17 Public Improvements by adding Chapter 17.110, as shown in Exhibit A.
Sections 17.110.120 “Prohibited Conduct” shall be in effect on and after [DATE], to allow the public and affected businesses and institutions time for the necessary transition.
Exhibit A
Chapter 17.110 Prohibition on the Sale or Provision of Certain Force-Fed Poultry Products
17.110.100 Purpose.
17.110.110 Definitions.
17.110.120 Prohibited Conduct.
17.103.200 Authority of Director.
17.110.210 Penalties and Enforcement.
17.110.220 Institution of Legal Proceedings.
17.110.400 Severability.
17.110.100 Purpose.
The purpose of this Chapter is to provide for the prohibition of the sale of foie gras to prevent animal cruelty, to preserve the environment, to bolster the reputation of the City’s food service and retail community, to position the City as a humane tourist destination, and to protect public morals related to animal welfare and environmental sustainability.
17.110.110 Definitions.
As used in this Chapter, the following terms have the following meanings:
“Director” means the duly appointed Director of the Bureau of Planning and Sustainability, or the lawfully designated agent of the Director of Planning and Sustainability acting under the orders of the Director of the Bureau of Planning and Sustainability.
“Foie gras” means a food product or by-product made from the fatty livers of ducks, geese, or other animals afflicted by hepatic steatosis, also known as fatty liver disease. As used in this chapter, “foie gras” includes any products made from the liver of a duck so diseased, goose, or other animal. Steatotic livers can be identified by their unusually large size, pale coloration, and creamy texture.
The term also encompasses all such items marketed under alternative descriptions or euphemisms.
“Food service establishment” means an establishment, located within the City of Portland, offering prepared food to be eaten by customers, 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.
“Person” means any individual, firm, partnership, joint venture, limited liability corporation, estate, trust, receiver, syndicate, association, business owner, business operator, copartnership or co-venture, society, government agency, think tank, university, or other organization of individuals and any other business unit, device, or arrangement.
“Retail establishment” means any vendor, store, shop, sales outlet, specialty food store, farmer’s market, or other establishment, including a grocery store or a delicatessen, which provides, offers for sale, or sells food within the City of Portland.
“Sell or sale” means any act of selling, trading, distributing, or bartering for monetary or nonmonetary consideration, and includes any transfer of ownership that occurs in the course of a commercial transaction. All above actions shall be deemed to occur at the location where the recipient takes or would take physical possession of the item.
17.110.120 Prohibited Conduct.
No person, retail establishment, or food service establishment, or any agent thereof, shall store, keep, maintain, provide, sell, distribute, or offer for sale or any other manner, foie gras as a stand-alone item or any product in which foie gras is an ingredient. For purposes of this section, a sale or provision shall be deemed to occur at the location where the recipient takes physical possession of the item.
A person, food service establishment, or retail establishment, or any agent thereof, shall not import, transport, or receive foie gras into the City of Portland for sale, distribution, or any other commercial purpose. This prohibition applies regardless of the jurisdiction where the product was produced or originated. For purposes of this Chapter, it shall be a rebuttable presumption that an item advertised or represented as “foie gras” is a food product or by-product made from the fattened livers of ducks, geese, or other animals. A party seeking to rebut such presumption shall provide documentary evidence proving that the product they are storing, keeping, maintaining, providing, offering for sale, selling, shipping, or transporting is not foie gras as defined in this Chapter. Products not represented as “foie gras” but which meet the definition are covered by this section of the Code.
17.103.200 Authority of Director
The Director is hereby authorized to administer and enforce the provisions of this Chapter.
The Director is authorized to adopt procedures and forms to implement the provisions of this Chapter.
17.110.210 Penalties and Enforcement.
Violations of Chapter 17.110 shall be subject to the following penalties:
Upon the first violation, the violator will receive a written warning notice that a violation has occurred. If the violation is not corrected within 14 days of the date the notice was issued, the violation will be considered a subsequent violation, and Paragraph 2 will apply.
Any person who violates any provision of this Chapter shall be subject to a civil penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each violation. Each violation shall be treated as a separate and distinct offense, and in the case of a continuing violation, each day’s continuance shall constitute a separate and distinct offense.
Repeated violations within a 12-month period shall result in mandatory suspension of the business license for up to six months.
Upon making a determination that a violation of this code or regulations duly adopted pursuant to this Chapter 17.110 has occurred, the Director will send a written notice of the violation to the violator specifying the violation and the applicable penalty as set forth herein.
In the event that any provision of this Chapter is violated by a corporate entity, the owner(s), officers, or the person or persons responsible for the violation, shall be subject to the penalty herein provided.
Any violator receiving a notice of violation must pay to the City the stated penalty or appeal the finding of a violation to the Code Hearings Officer in accordance with the procedures set forth in Section 22.10.030.
17.110.220 Institution of Legal Proceedings.
The City Attorney, acting in the name of the City, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter as an additional or alternative remedy.
17.110.400 Severability & Repeal of Conflicting Ordinances.
If any Section, Subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The Council declares that it would have passed this Chapter, and each Section, Subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more Sections, Subsections, sentences, clauses or phrases may be declared invalid or unconstitutional and, if for any reason this Chapter should be declared invalid or unconstitutional, then the remaining Section, Subsection, sentence, clause or phrases shall be in full force and effect.
All ordinances and code sections and parts of ordinances and code sections in conflict herewith are repealed to the extent of any such conflict.