Is ortolan dish illegal?

The ortolan bunting is a small songbird that is considered a delicacy in French cuisine. The traditional way of preparing ortolan involves capturing the birds just before their migration, force feeding them, drowning them in Armagnac, roasting them, and finally eating them whole – bones, beak and all. This controversial dish has raised ethical concerns about animal cruelty and resulted in the ortolan bunting being classified as an endangered species. In this article, we will examine the history and preparation of the ortolan dish, the current legal status of consuming ortolan buntings, and the reasons why eating this delicacy remains controversial.

What is Ortolan Bunting?

The ortolan bunting (Emberiza hortulana) is a small passerine bird in the bunting family that is found across Europe and Asia. Here are some key facts about this bird:

• Scientific name: Emberiza hortulana
• Average body length: 15 cm
• Average weight: 24 g
• Lifespan: 2 years
• Diet: Seeds and insects
• Habitat: Farmlands, grasslands, orchards
• Migration: Breeds in Europe, winters in Africa
• Conservation status: Endangered

The male ortolan bunting has a grey head, yellow underparts, and brown streaked back. The female is duller in appearance. These birds were once common across Europe but their populations have declined sharply in recent decades due to habitat loss and hunting. They are now considered an endangered species by the IUCN Red List.

History and Preparation of Ortolan Dish

Eating ortolan buntings has long been a part of French gastronomic tradition, dating back to the late 18th century. The dish achieved popularity during the reign of Napoleon Bonaparte, when it was featured at lavish feasts. By the 19th century, the ortolan had become a rite of passage for French gourmands and the preparation ritual was codified.

The traditional way of eating ortolan involves an elaborate ritual:

1. The bird is captured alive just before its migration to North Africa using nets and traps.
2. It is kept in a dark box and force-fed millet, grapes, and figs to fatten its liver.
3. The bird is then drowned in a vat of Armagnac which both marinates the meat and is said to impart a hazelnut aroma.
4. It is plucked, seasoned, and roasted for 8 minutes.
5. The whole bird is consumed in one bite with head, bones, and beak. It is covered with a napkin to hide from God.

This intricate ritual has made the ortolan a cultural legend in France. It is said that the bones and innards add texture and flavor to the dish. The meat itself has a gamey taste and the fat from the enlarged liver melts in the mouth. The napkin is meant to “hide one’s sin” from God since the bird is eaten whole.

Is Eating Ortolan Bunting Legal?

Given the cruel preparation method and endangered status of ortolan buntings, the legality of this dish has come into question. Here is a look at the current laws regarding ortolan consumption:

• 1979 – France banned hunting and selling ortolans but consumption was still legal.
• 1999 – capturing and selling ortolans was made a criminal offense punishable by fines up to €15,000 and jail time.
• 2007 – the French government fully banned hunting, capturing, selling and eating ortolans.
• 2012 – the EU banned all commercial trade of ortolan buntings.
• Current – Consumption of ortolan is still not explicitly illegal in France but all associated activities are criminalized.

So technically, the act of eating ortolan buntings is not punishable by law in France. However, obtaining the birds involves illegally trapping and killing endangered wild songbirds. As a result, the matter is something of a legal grey area with consumption deemed socially taboo but not prosecutable. Commercial sale of the birds or their meat is banned across the EU.

Reasons Why Eating Ortolan Remains Controversial

Despite the legal restrictions, some French gourmands still seek out this controversial delicacy each year through the black market. Here are some of the main ethical concerns that make the practice of eating ortolan bunting controversial:

1. Animal cruelty – The manner of capturing, force feeding, drowning and cooking the birds alive is considered inhumane by animal rights activists and avian experts.
2. Hunting endangered species – The ortolan bunting is classified as endangered with an estimated global population under 50,000. Eating them threatens the survival of the species.
3. Ecological impacts – As a migratory bird, ortolans play an important role in pest control, seed dispersion, and pollination. Their declining numbers disrupt ecosystems.
4. Illegal activity – Obtaining the birds involves breaking wildlife protection laws. It also promotes an underground black market for endangered species.
5. Food safety – Some health departments have raised concerns that consumption may spread disease like bird flu.

Many top French chefs including Alain Ducasse and Joël Robuchon have publicly denounced the dish and refused to serve it on ethical grounds. But a small clandestine gastronomic network still persists in illegally procuring and serving ortolan buntings. The lack of enforcement remains concerning to conservationists.

Statistics on Ortolan Bunting Consumption in France

It is difficult to get accurate data on the consumption of ortolan buntings given the illegality. Here are some estimates:

• Up to 30,000 birds were estimated to be traded annually for food in the 1990s and early 2000s.
• In the 1990s, around 600 people were said to still consume ortolan regularly.
• One 2005 report claimed 200 birds were served at a private party in France that year.
• As per a 2012 estimate, around 50 people still actively seek out and consume ortolan, though this cannot be fully substantiated.
• Price per bird is estimated between €150-€500 paid through poachers and the black market.
• The fine for consuming ortolan was €4,500 at one point but officials stopped levying it due to difficulty enforcing the law.

Reliable consumption data is scarce. But conservation groups estimate a few thousand birds are still illegally captured and consumed annually in France. The lucrative black market trade persists despite the illegality and social stigma.

Consumption Estimate Table

Prominent Figures Who Have Consumed Ortolan

While many condemn the dish today, it was historically consumed by French nobility and prominent figures:

• King Henry IV – The 16th century French king was fond of ortolan, once consuming 120 birds in one sitting.
• Napoleon Bonaparte – The emperor of France favored the delicate birds, introducing the dish to his court.
• Alexandre Dumas – The famed 19th century French writer included ortolans in lavish feasts depicted in his novel The Three Musketeers.
• Charles Maurice de Talleyrand-Périgord – The influential 18th century diplomat and gourmand once spent 6,000 francs on a single ortolan dinner.
• President François Mitterrand – The former French president (1981-1995) famously ate ortolan as his last meal despite the controversy.

While most modern French celebrities shun the dish, some traditionalists still carry on the legacy of this gastronomic rite. In the 1990s, a secretive French dining club called the Jeunots was rumored to include politicians and tycoons eating illicit ortolan.

Alternatives to Ortolan Bunting

Due to ethical and legal issues, several alternatives have been proposed to substitute ortolan in French haute cuisine:

• Pigeon – Squab raised through poultry farming offers similar texture and flavor.
• Quail – A small legal game bird that can be stuffed and roasted in the style of ortolan.
• sparrow – Fattened sparrows were used in place of ortolan historically but are less favored now.
• Corn-fed ortolan – Some chefs raise captive-bred ortolans on grain to substitute wild ones.
• Vegetarian “ortolan” – Using animal-free stuffings and sauce captures the experience without killing songbirds.

However, gastronomic purists insist only wild-caught ortolan buntings can provide the true experience. For instance, the Napoleonic era recipe specifies drowning the bird in Armagnac cannot be replicated otherwise. The unethical preparation remains a barrier to full substitution using other ingredients.

Efforts to Save the Ortolan Bunting

Despite persisting illegal demand, efforts are underway to save the ortolan bunting from extinction:

• Captive breeding programs in Austria, Spain, Germany and UK with release to bolster wild populations.
• Reintroduction and translocation projects in Italy, Greece, Netherlands and other parts of the bird’s habitat range.
• Protection under the EU Birds Directive and Bern Convention prohibiting hunting and capture.
• Banning trade in the birds across the EU through CITES wildlife trafficking restrictions.
• Monitoring migration patterns and installing tracking devices to follow populations.
• Habitat conservation by working with farmers to leave rows of grain for nesting and winter stubble.
• Raising awareness through birdwatching tourism focused on ortolan sightings.

While outlawing consumption has helped curb demand, continued illegal trapping remains the biggest threat the species faces according to the IUCN. Tighter enforcement and more economic incentives for conservation will be key to preserve these endangered songbirds.

Conclusion

The traditional French practice of eating ortolan buntings dates back centuries but today faces widespread ethical opposition and legal prohibitions. While the act of consuming ortolan is not explicitly banned, obtaining and preparing the birds involves illegally capturing, drowning and trading endangered wildlife. Nevertheless, a small number of French gourmands perpetuate the controversial dish through covert gastronomic societies and black market poaching operations. Conservationists continue efforts to preserve the species from extinction due to persistent threats including poaching fueled by demand from luxury food aficionados willing to break the law. Ultimately, saving the ortolan bunting requires cracking down on the cruel exploitation of endangered migratory songbirds for the sake of an archaic culinary tradition.