Illegal to Advertise Nest Run Eggs as "Fresh" or "Local"?

[wolfwalker]

Re-using cartons is pretty self explanatory. The eggs are yours, not the company printed on the carton, to the state that is fraud when you do that. It is also a way to track down the source the eggs came from if in the event something happened. And eggs have been known to break or leak in the carton making it contaminated for the growth of pathogens.

In Arizona under the nest run producer, you are not allowed to grade, wash, or make claims your eggs are fresh. Fresh is a subjective term and differs to too many people. Arizona allows you to buy a egg producer license, which requires a few more hoops to go through, including state vet inspections, but it allows you to label your eggs fresh and grade them. BUT they must be washed then refrigerated. Why the difference, in the sellers license, the state has inspected and certified your setup and process and your premise. Just like it does to the big guys.

Want to re-use cartons, put up a sign that states if the customer brings their own carton they get 50 cents off and then have a couple of egg flats stacked with eggs you can pull the eggs from. Also bring a few of your cartons in case you need to pull from your flats to sell eggs when you run out of pre-cartoned eggs. When people ask, tell them it is a health safety issue, you don't want the chance of anyone getting sick if an egg had leaked in an old carton.

The above is all about consumer safety and trackability. Nest Run egg license is free, just a few forms filled out, if you want to do what the big guys do, so as they do and pay for a license and be inspected.

Frankly there are so many ways to say fresh and local without using the words. A sign saying eggs laid this week = fresh to most people. A sign stating your farm's address which is local with a picture of your chicken's or runs = hey I am local without having to say I'm local. Be creative

 

[U_Stormcrow]

Actually, claiming "Organic" without independent third party certification is more likely to put you in legal hot water than "local", but anywhere law, courtroom juries, and advertising collide respresents an exercise in line drawing with some really absurd results. Recommend education and complaince.

"Twinings of London" is being sued because their tea doesn't come from London, or even England. Some "reasonable consumers" think their label is misleading.

"Kings Hawaiian" for not baking all their rolls in Hawaii.

Menards because a 2x4 is not, actually 2" x 4" ("dimensional" lumber hasn't been sold except for limited purposes in probably a century or more.)

Ben & Jerry's "Happy Cows" claims

I'm not even going to attempt to link all the cases over Soy "milk", "greek" yogurt, "beer" that does not comply with the Reinheitsgebot.


But yes, every state handles small producers differently, it a regulatory patchwork out there. For instance, i can't sell in cartons at all, and must prominently display a sign at least 7"x7" "These eggs have not been graded for size or quality" (though the size of the text and the font aren't specified), and must wash and sanitize all eggs offered as shell eggs for human consumption, keeping them under refrigeration till delivery.

 

[3KillerBs]

anywhere law, courtroom juries, and advertising collide respresents an exercise in line drawing with some really absurd results.

"Twinings of London" is being sued because their tea doesn't come from London, or even England. Some "reasonable consumers" think their label is misleading.

"Kings Hawaiian" for not baking all their rolls in Hawaii.

Menards because a 2x4 is not, actually 2" x 4" ("dimensional" lumber hasn't been sold except for limited purposes in probably a century or more.

Ben & Jerry's "Happy Cows" claims

Proving that there are a lot of people who have way too much time on their hands and insufficient creativity to come up with anything better to do than annoy others.

 

[Outta Here]

Glad I'm not living in Arizona.

Oh, but I would live here if they made me sell eggs in a sock! Anyway Michigan law states you have to put this on the label: "packaged in a facility that has not been inspected by the department" to sell unregistered or unlicensed under the backyard producer exemption:

(10) This act does not apply to a person who meets all of the following requirements:
(a) Is directly responsible for producing eggs from fewer than 3,000 hens.
(b) Only sells eggs directly to consumers or first receivers.
(c) Only sells eggs in containers that each bear a label stating "packaged in a facility that has not been inspected by the department.".
(d) Does not sell eggs through the internet or by mail order or consignment.

http://www.legislature.mi.gov/(S(3f...g.aspx?page=getobject&objectname=mcl-289-7114

Here are all the state laws concerning the sale of eggs:

http://nerous.org/state-laws-regulations/egg-laws-by-state/

 

[U_Stormcrow]

Proving that there are a lot of people who have way too much time on their hands and insufficient creativity to come up with anything better to do than annoy others.

Honestly, as someone once in the business? A small number of lawyers make bank on these claims, with hired "consumers" simply to get their foot in the courthouse door. The claims have settlement value solely due to the expense of answering such asinine complaints, while they cost essentially nothing to bring.

Though some of the supposedly aggrieved plaintiffs have made some damning admissions during depositions, demonstrating that they are, perhaps, "that stupid".

 

[Outta Here]

Actually, claiming "Organic" without independent third party certification is more likely to put you in legal hot water than "local", but anywhere law, courtroom juries, and advertising collide respresents an exercise in line drawing with some really absurd results. Recommend education and complaince.

"Twinings of London" is being sued because their tea doesn't come from London, or even England. Some "reasonable consumers" think their label is misleading.
View attachment 2775186
"Kings Hawaiian" for not baking all their rolls in Hawaii.

Menards because a 2x4 is not, actually 2" x 4" ("dimensional" lumber hasn't been sold except for limited purposes in probably a century or more.)

Ben & Jerry's "Happy Cows" claims

I'm not even going to attempt to link all the cases over Soy "milk", "greek" yogurt, "beer" that does not comply with the Reinheitsgebot.


But yes, every state handles small producers differently, it a regulatory patchwork out there. For instance, i can't sell in cartons at all, and must prominently display a sign at least 7"x7" "These eggs have not been graded for size or quality" (though the size of the text and the font aren't specified), and must wash and sanitize all eggs offered as shell eggs for human consumption, keeping them under refrigeration till delivery.

Here is a list of the laws concerning small farm produce in every state: http://nerous.org/state-laws-regulations/egg-laws-by-state/

 

[Outta Here]

Honestly, as someone once in the business? A small number of lawyers make bank on these claims, with hired "consumers" simply to get their foot in the courthouse door. The claims have settlement value solely due to the expense of answering such asinine complaints, while they cost essentially nothing to bring.

Though some of the supposedly aggrieved plaintiffs have made some damning admissions during depositions, demonstrating that they are, perhaps, "that stupid".

My husband has had to have a lawyer on retainer for $4,000 for the past three years while he is listed on a lawsuit by Allstate for the most ridiculous thing ever. Twenty-eight years ago, he sold the business name and inventory of a tire store in California that he ran from a rented building. A few years ago, the current owners stored some old tires in an alley, where they caught fire and burned the siding of the building. Every time the lawyer emails us to tell us there is no progress on the court date, it's $300. We are helplessly being robbed, for we were assured without a lawyer to file things in just the right way, we could be dismissed as being able to defend ourselves.
But it's win-win for the lawyer...

 

[Parront]

Re-using cartons is pretty self explanatory. The eggs are yours, not the company printed on the carton, to the state that is fraud when you do that. It is also a way to track down the source the eggs came from if in the event something happened. And eggs have been known to break or leak in the carton making it contaminated for the growth of pathogens.

In Arizona under the nest run producer, you are not allowed to grade, wash, or make claims your eggs are fresh. Fresh is a subjective term and differs to too many people. Arizona allows you to buy a egg producer license, which requires a few more hoops to go through, including state vet inspections, but it allows you to label your eggs fresh and grade them. BUT they must be washed then refrigerated. Why the difference, in the sellers license, the state has inspected and certified your setup and process and your premise. Just like it does to the big guys.

Want to re-use cartons, put up a sign that states if the customer brings their own carton they get 50 cents off and then have a couple of egg flats stacked with eggs you can pull the eggs from. Also bring a few of your cartons in case you need to pull from your flats to sell eggs when you run out of pre-cartoned eggs. When people ask, tell them it is a health safety issue, you don't want the chance of anyone getting sick if an egg had leaked in an old carton.

The above is all about consumer safety and trackability. Nest Run egg license is free, just a few forms filled out, if you want to do what the big guys do, so as they do and pay for a license and be inspected.

Frankly there are so many ways to say fresh and local without using the words. A sign saying eggs laid this week = fresh to most people. A sign stating your farm's address which is local with a picture of your chicken's or runs = hey I am local without having to say I'm local. Be creative

The neighbors who walk their dog over here and buy eggs from me do not have to be told my eggs are fresh and local. They can watch me go and get the eggs from the nest boxes. Or yesterday's eggs off of the counter in my kitchen. The advertising words "Fresh" & "Local" mean very little. Those are marketing terms that the industrial egg companies have claimed, same as "Organic". If you can not see for your self where your food is grown, like in grocery stores, you have to trust those claims, but it is a poor second to any food raised in our backyards. Which is one of the big reasons I like having chickens.
Arizona is actually pretty good for the small producer of eggs with the Nest Run system, California and Washington where I have lived in the past, are much more difficult.

 

[Outta Here]

Each state had their own set of rules to follow when it comes to selling eggs for eating.

Here's a list of the rules for all states:
http://nerous.org/state-laws-regulations/egg-laws-by-state/

 

[B-Goock]

I take mine to work in most of the time used cartons. I put a cup in the fridge says egg donations. Heck I've had guys bring me all kinds of stuff for trade too. Deer. Sausage. Fish. Bought my lunch. Trust is all it is.

One guy at work today has plastic tubs in back of his truck with sign says free.
Zucchini, yellow squash, matoes, peppers, cucumbers, and some tatoes. Put it this way his lunch will be free for awhile.

I think the difference is what we do is not really a public sale selling to strangers that need some kind of guarantee that the product is legit. Friends & neighbors know you.