Disclaimer on receipt when selling extra roos?

Discussion in 'Local Chicken Laws & Ordinances' started by Wynette, Apr 7, 2009.

  1. Wynette

    Wynette Moderator Staff Member

    Sep 25, 2007
    I hope this hasn't been posted...I searched several times and found nothing.

    I have been selling extra roosters from hatches. Presumably, the folks buying them are buying them to eat. My brother asked me the other day if this is legal...and mentioned that he wondered if someone got sick from eating one, would they have a good reason to sue me? I'd never thought of that before (I'm pretty naiive!!).

    I just spoke with a friend who has a JD; she said that first, I should not mention anything about selling them for eating. I should sell them as "pets." Secondly, she said I should get a receipt book, and give the buyer a receipt with a disclaimer on it (one of those books that give a carbonless copy of the receipt). She suggested something along the lines of "these chickens are sold as pets, and I claim no responsibility if they are used otherwise" or something like that.

    Has anyone been doing this and, if so, what verbiage do you use to protect yourselves? THANKS SO MUCH in advance!
  2. byrandom

    byrandom Chillin' With My Peeps

    Sep 22, 2008
    Terrell, TX
    Quote:How old are the roos? If they have to be "Grown" any to a slaughterable size, I wouldn't worry about it. It would be like purchasing broilers from the hatcheries, and trying to sue them once you got sick. You had to feed them, grow them, keep them clean, butcher them, keep the meat cool, etc. Too many variables, in my opinion.
  3. Wynette

    Wynette Moderator Staff Member

    Sep 25, 2007
    These guys were 16 weeks, and the buyer (this last time) told me he felt like they were already big enough. Around here, you can't sell them unless they are big enough to slaughter. Previously, I've given them away free if they're not big enough and I need to get rid of them. But typically, I prefer to wait until they're big enough so I can get a few bucks from them. Perhaps I should just go back to giving them away for free?
  4. Heidi

    Heidi Chillin' With My Peeps

    Mar 18, 2007
    Northwest Michigan
    You know at most of the country auctions around in my area people that do buy most of the chickens and ducks buy them to consume and there are no disclaimers on those. I guess I wouldn't worry about it, but who knows for sure.....
  5. Wynette

    Wynette Moderator Staff Member

    Sep 25, 2007
    No one else has any feedback for me? I can't believe no one has wondered about this but me....come on guys, help me out! THANKS!
  6. ranchhand

    ranchhand Rest in Peace 1956-2011

    Aug 25, 2008
    Hey Wynette, I had not thought about it- but I have a ton of roos "looking for new homes" and it got me to think about it. Maybe I should put the disclaimer at the bottom of the ad?

    I have sold one, but it was definately as a pet- the lady interviewed us twice!
  7. Wynette

    Wynette Moderator Staff Member

    Sep 25, 2007
    ranchhand, I never thought about just putting a disclaimer right at the bottom of the ad. I'm going to ask my lawyer friend (she's got her degree, but never practiced law, so I'm not sure how extensive her information would be, but it would certainly be better than what I know). But, I wonder if it would turn people away if you had at the bottom of your add "please note these chickens are being sold as pets"? Thoughts?
  8. rooster0209

    rooster0209 Chillin' With My Peeps

    Apr 7, 2008
    North Dakota
    Chickens are made to eat, right? Isnt that why we all have chickens...for eggs & meat & more chicken babies.

    I ask because I just had 4 extra roosters that needed new homes. I found homes for two, where they are with 30 hens and one other rooster. The last two, well they are in my freezer. I had a friend butcher for me, cause I couldnt do it.

    BTW, I am the first person who will support NO KILL
  9. Ridgerunner

    Ridgerunner True BYC Addict

    Feb 2, 2009
    Northwest Arkansas
    At the risk of being sued if I give you bad advice, you might check with your lawyer friend about a "where is, As is" disclaimer. Another possible lawsuit might be if you sold a chicken that took disease into another flock. And of course the other flock is a grand champion line. "Where is, As is" might better cover all contingencies.

    I offer this suggestion as something to consider and take no responsibility for how it is used or any intended or unintended consequences.
  10. wyliefarms

    wyliefarms Chillin' With My Peeps

    Aug 19, 2008
    Seems to me that once the chicken is sold then it is the new persons responsiblity.

    It sounds like you don't use reciepts, we haven't either. So maybe just do a reciept and put "5 chickens sold as is"? (Or wahtever # is sold)

    Let us know what you find out.
    Last edited: Apr 9, 2009

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