Contacts: Maxwell, Charlotte H.; Funkhouser, Bethany N.; Correa, Nicole M.
Raising backyard poultry is a popular hobby for citizens in rural and urban areas alike. All too often, “I’m just going to have a few birds for my family” quickly turns into a small flock with eggs being sold off the property to friends, family, and strangers from Marketplace. Whether you choose poultry to connect with your food supply, spend more time outdoors, or combat the fluctuating market, there are risks to manage. The five main areas of agriculture risk management are financial, human resource, marketing, legal, and production. We will discuss legal risk management first in this blog post. The remaining four areas of risk will be covered in additional blog posts; stay tuned!
Legal risk management pertains to the laws, rules, and regulations of the government and other statutory bodies surrounding agriculture. We are starting with legal risk management because whether you are trying to decide to purchase your first chicks or you have decided to scale up and have an agribusiness, the legal considerations can make or break your endeavors. Laws and ordinances surrounding poultry depend on the size of your flock, the end user of products and byproducts, and your locality.
First, check for any covenants, conditions, and restrictions before purchasing poultry if you live in a Home Owners Association (HOA) neighborhood. Individuals living within city limits should also consult city ordinances before purchasing; many allow poultry but may prohibit roosters, limit the number of birds allowed, and specify spacing from property lines. One source to check ordinances in your locality is the Library | Municode Library. Calling your county administration office will be the best way to receive the most up-to-date information and clarification on the language used.
Second, decide if you are going to have layers (for eggs), broilers (for meat) or both! If you decide on broilers, read through the meat and poultry inspection laws and regulations available on the Clemson Livestock Poultry Health Meat and Poultry Inspection site. If you are selling your eggs at the location where they are collected, you do not need an SC Department of Agriculture Egg License. If you sell your eggs to other businesses or at any location other than where they are collected, you need an egg license and to follow the SC Egg License guidelines.
Knowing the laws and regulations around poultry and selling poultry products will set your current or future business up for success. Below are a few key questions to ask yourself before purchasing chicks or scaling up from backyard poultry to a small-scale poultry farm.
Legal questions to ask yourself:
- What is my property zoned?
- What are the covenants of my HOA?
- Do I want to sell eggs in a venue other than my property?
- Do I qualify for any meat poultry exemptions?
- Do I need to explore product liability insurance options?
- Do I understand and practice food safety to prevent foodborne illness risks?