Is breeding illegal in NC?

[Boggy Bottom Bantams]

Glad you posted that Deerman, Saved me a lot of typing! LOL Was about to say all the same on the NPIP.

 

[PeepsInc]

It's called don't ask don't tell.

Then you wont have the chicken Police showing up at your door in those big chicken costumes. If they show up just throw a piece of bread on the ground & let the dog out

 

[Mac in Wisco]

Yes, what it says is that it is illegal to sell or give away chicks under 8 weeks of age as pets or novelties.

It looks like the whole intent of this was to stop pet stores from selling chicks as pets, to stop "Easter Sales" of chicks to otherwise uninformed people as a novelty, and to stop stores from giving away chicks as a promotion. Most of the chicks from those type of sales and offers didn't fare to well.

You can either sell them legally as started pullets, 8 weeks or older, or operate under the radar until somebody says something. It's likely that the most they will do if they catch you selling "underage" chicks is to tell you to stop doing what you are doing.

Then again it would be hard to prove that you were selling them as pets vs other purposes. All you'd have to say is "I thought that guy was a farmer"...

 

[Penturner]

Let me see if I can sort this out for those that legal speak just makes your head spin. In a nut shell this is an ordinance that forbids using babies as promotional "Pet" uses. It even has an amendment to it that removes any doubt that it is trying to prevent the legitimate selling of chicks (Babies) for production purposes. I am sure all of you are aware of the problem of chicks and bunnies being sold at Easter time as pets for children, only to be doomed to an inhumane death. this Statute is intended to address that problem specifically. So can you cash in with chicks this Easter? Only if you are willing to commit a Class 3 misdemeanor. Might want to find out what the max fine is for that and see if it still pays.
here is the break down of the actual Statute:

NC General Statutes - Chapter 14 Article 47 1 Article 47 § 14-363.1. (the chapter and article are important in knowing what general activities this Statute is intended to regulate. Chapter 14 is most likely the chapter that deals with animals in general. article 47 probably covers the breeding and selling of animals etc. The 14-363.1 allows you t locate this specific Statute sort of like it's street address)

Living baby chicks or other fowl, or rabbits under eight
weeks of age; disposing of as pets or novelties forbidden. (this is the overall description of the Statute. Sort of lets you know what is int he box without having to open it. So we know that this Statute is in regard to the "disposing of baby animals as Pet or Novelties. And it means just that nothing more nothing less. from here we go into the detailed wording of the Staute that is intended to define it as clearly as possible. in truth this next part is for the use of judges when they are determining cases.

If any person, firm or corporation shall (in plain English, If anyone shall)

sell, or offer for sale, barter or give away as premiums living baby chicks, ducklings, or other fowl or
rabbits under eight weeks of age as pets or novelties, (notice careful that this is saying "Sell as a pet or Novelty, Barter as a pet or Novelty, Trade as a Pet or Novelty any babies under 8 weeks of age. to sell them as livestock does not count as selling as a pet or novelty.

such person, firm or corporation (again anyone shall)

shall be guilty of a Class 3 misdemeanor.

Provided, that nothing contained in this section shall be construed to
prohibit the sale of nondomesticated species of chicks, ducklings, or
other fowl, or of other fowl from proper brooder facilities by
hatcheries or stores engaged in the business of selling them for
purposes other than for pets or novelties. (let me write this to remove the confusing include everyone no matter what they are called stuff

"Nothing contained in this section shall be construed to prohibit the business of selling them for the purposes other than for pets or novelties. In other words it is legal to sell them for any other purpose other than as pets or novelties. and this statute even says so specifically. The only word in the whole thing that concerns me is the addition of Nondomesticated. at the very least this is a safety for anyone selling chicks. It allows the statute to be claimed as confusing and therefor you cannot be expected to know if you are in violation of it. The statute goes from speaking of Living baby chicks or other fowl, or rabbits, to nondomesticated species of chicks, ducklings, or
other fowl, or of other fowl. This is just sloppy writing of the statute and was fixed with that last "or other fowl" this covers chicks.
(1973, c. 466, s. 1; 1985
(Reg. Sess., 1986), c. 967, s. 4; 1993,
c. 539, s. 245; 1994, Ex. Sess., c. 24, s. 14(c).)

 

[Mac in Wisco]

I don't know why they used the term "non-domesticated" in their exception. Non-domesticated would pertain to a wild animal. For the most part this statute is targeted at domesticated animals, e.g., chickens.

 

[greyartist]

I figure the nondomesticated means parrkettes and such as pets and quail and such as hunting "lures" that would protect the petshops.

 

[HickoryGuy]

This state has tons of idiotic laws regarding what individuals & businesses are allowed to or not to do. Meanwhile, our governors are busy taking bribes, making promises they can't keep & getting in trouble w/ ethics violations. And as far as the county extension agents go, a lot of them are good folks who really want to help, but some are just educated idiots.

I say just do what you want to do and don't worry about it until someone says something. The way most of the laws are written, they don't want you to be able to figure anything out.

 

[deerman]

Yes most of these State Laws happen because of my childhood days.

Store would get easter chicks(dyed) and give millons away one per child to get parents in the store.
These chicks were white leghorn cockerls day old. most die soon after they got home.

Chicks still can be dyed in some states.

Now I do sell many dayold chicks, and duckling for easter. ALWAY sell at least 6 and give proper info on care of dayold chicks. See nothing wrong selling them for easter, just make sure to give proper care info. Just look how many new people to chicken, got their start as children.
Reason for the 6 rule ,if for some reason the heat goes out they can gather together to keep warm.

 

[fancbrd4me02]

It's just meant to prevent the distrobution of live baby chicks as "toys" for children at easter. I don't know why anyone would be against it, as I am sure it does not prevent the breeding and selling of chicks for legitimate purposes. Get a permit.

 

[greyartist]

well I emailed him back for clairification and this is what I got back,

Carol
That is a State Law and there have been issues with this for a while.
But the way I understand it is, birds under 8 weeks of age can not be
sold as pets. This is for disease protection and for the welfare of the
bird. Most of these chics that are given away at easter are doomed. I
would suggest you calling the State Vets office for further
clarification at 919-733-7601.

I dont there is a problem with the eggs.

BC

I understand the "pet" thing, what I keep asking him is can I sell as a breeder to farmers, breeders, people who want eggs, etc. I'm not going to ask him again, there are bunches of people selling chicks and eggs from NC on craigslist so I'm not going to worry about it. HAHA, I haven't even hatched my first batch yet. I'm always putting the cart before the horse.