5 banned foods, from foie gras to certain beers
By Kelli B. Grant
New laws are making it more difficult for some Americans to indulge in their favorite eats.
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Recently, California put into effect a ban on foie gras—a fattened duck or goose liver dish that animal-welfare advocates say is inhumane because it requires the force-feeding of animals. In New York, Mayor Michael Bloomberg has proposed a ban on sugary drinks exceeding 16 ounces, while Massachusetts recently passed a law, to take effect in August, that will limit students’ access to junk food during the school day.
Those looking for restricted foods may not be totally out of luck, however. Most laws and food codes are at the state, or even county, level. They’re also difficult to enforce, food experts say.
“Any time there’s an attempt to ban a food, it just makes the food sexier, like Prohibition,” said Douglas Powell, a professor of diagnostic medicine and pathobiology at Kansas State University, where he runs the food safety blog “Barfblog.”
That leads to grass-roots groups that fight the legislation, and efforts among eaters to find ways to buy restricted foods.
Diners may not even have to travel to another state to indulge in their favorite banned food. Experts say they can often find a restaurant or supplier willing to bend the rules. Of course, health-safety concerns may make that a bad idea, Powell said. Unlike foie gras, which was banned for animal-rights concerns, many foods including rare burgers and raw milk are outlawed with the aim of protecting consumers from food-borne illness.
For example, food-safety officials dub summer “E. coli season” for the usual rise in infections, suspected to stem from undercooked burgers and other foods. In June, the government began testing ground meat for six new strains, including one that infected 15 people in six states in April and May. (The CDC has not identified the source of the infection.) Food-borne illnesses that can be mild in adults are often more serious in children, who are often the main target of protective bans, Powell said.
As some Californians lament the loss of foie gras from upscale restaurants across the state, here are five other foods consumers may not see on the menu, depending on where they live and travel.
1. Raw milk
Sales of raw, unpasteurized milk are prohibited in 20 states, and interstate sales are not allowed, said a spokeswoman for the Food and Drug Administration. The problem? Although proponents say raw milk is more nutritious, both the FDA and Centers for Disease Control counter that it can be contaminated with dangerous bacteria—such as salmonella, listeria and E. coli—that pasteurization kills. A recent CDC study found that raw milk was 150 times more likely to cause a food-borne illness than pasteurized milk.
Earlier this year, the Pennsylvania Department of Health identified nearly 80 cases of Campylobacter infections in four states, linked to raw milk from a local farm.
Even in states that do allow the sale of raw milk, consumers may have a tough time finding it. Pennsylvania, for example, has only 153 farms that hold permits for raw milk, said Samantha Krepps, press secretary for the state’s Department of Agriculture. That’s 2% of the state’s roughly 7,400 farms. Those farms must renew their permit each year, and undergo inspections and herd health tests for compliance. If there’s a health concern, farms are not permitted to resume selling raw milk until its tests are clean, she said. Some state regulations also restrict raw milk sales to farm property. Those that do allow raw milk sales in stores often require a special warning label.
2. High-alcohol beer
Most beers average 4% to 6% alcohol by volume, but as craft brews flourish, there are more outliers. Schorschbräu Schorschbock, a German beer, contains a staggering 43%, while domestically produced Samuel Adams Triple Bock has 17.5%. But some states prohibit the sale of such high-alcohol beer. Ohio, for example, only allows sales of beer with 12% alcohol or less.
Some states have raised their limits in recent years, but those limits may still be low enough to exclude some brews. Effective July 1, Mississippi permits the sale of beers with up to 10% alcohol by volume, up from 6.3% previously. In 2009, Alabama raised its cap from 6% to 13.9%. Other states limit where high-alcohol beer can be sold. Utah, for example, has no cap on alcohol by volume, but sells beer above 4% only in state-run liquor stores. A spokeswoman for the Utah Department of Alcoholic Beverage Control says it’s not limiting for residents: there are 45 state stores, and more than 100 “package” stores that sell a smaller selection. “We do over $300 million in sales every year,” she said.
