Michigan Right to Farm Law, what does it mean?

[michickenwrangler]

Quote:
I know in Michigan, it is ILLEGAL to sell milk from your backyard. Although I know a few people who get around by selling "milk for animal consumption". The dairy industry is big in rural MI and these big dairies don't want any little guys taking away from them. We buy raw goat milk from our neighbor, but since she owns 3 acres, she's legal. Oh, uh, we're buying milk for our, uh, dog ...

 

[Quillgirl]

Georgia also has a RTFA that I have been trying to decipher. They just renewed it in May 2009. I am not waging a battle for my hens, but there is another high-profile case in Roswell, GA in which the town is rewriting ordinances to disallow poultry and make it retroactive to make this guy get rid of his 60 birds. Another town (John's Creek) is also working on similar ordinances. I am wondering how the RTFA in GA would affect this case in Roswell and that in John's Creek. (Where I live in city of Atlanta, they are allowed.)

Very interesting discussion. I think I'll go back and reread the GA RTFA to see if it is similar to MI. Anyone else's thoughts are appreciated.

 

[cheraboo]

I am so confused by all of this! We've been keeping chickens for about a year now with no problems. We added additional birds this summer for the kids for 4H. The turkeys and ducks were getting pretty loud. It didn't help that we ended up with three more cockerels who are pretty vocal. We had a visit from the village police today saying that all animals had to be removed from the backyard by Friday or we would be facing a large fine. DH talked to the officer and I guess he said the animals have to go because we are not zoned for agriculture.

The 4H market birds are headed to the butcher on the 30th - we couldn't get an earlier appointment and I am looking for homes for the cockerels and a couple of our pullets. We live in Ross township in southwest Michigan. I haven't managed to find anything online for our local ordinances. I sure could use some help as to where to begin.

 

[Sonoran Silkies]

With birds heading to the processor you should be protected by the Michighan Right to Farm law. I suggest downloading a copy of the law, highlighting the portions pertinent to your situation (basically that the law trumps all city/local ordinances). You might get some references to the lawsuits that have been won, as well. Anyways, forward them along with your citation claiming "not guilty" or "not applicable." Provide written notice at the bottom that you are sending a copy of this to your city's legal department.

 

[cheraboo]

Ugh! I am still so confused by all of this. We live in a residentially zoned area. We consider our chickens to be pets (other than the market birds we raised for fair). We eat the eggs the girls lay and occasionally give some to our next door neighbor and family but we don't see the eggs. Yes, our market birds are going to be heading to freezer camp next week, but we aren't selling them. The market birds we sold at fair were processed at the end of fair and we delivered them to the buyers.

 

[michickenwrangler]

Someone correct me if I am wrong, but I think that the MRTFA means you have to be making money off the farm. I don't think hobby farmers are included. Are there any lawyers from MI out there that can clear this up?

I think a lot of us (including myself) are making assumptions without knowing the nuances of the law.

 

[Sonoran Silkies]

If you go to the first page or two making a profit is covered. FWIW, to my mind, supplying food for ones own use is very much a part of farming. That includes eggs and freezer camp.

 

[michickenwrangler]

Right, but I think that lawyers in regards to RTFA treat farming as a business and in order for a business (in Michigan) to not be considered a hobby, it has to show a profit 3 out of 5 years. So far, I don't qualify, but I'm in the country so no one cares.

 

[Sonoran Silkies]

See posts 10 , 11, 16 & 17.

 

[eldenbrady]

longhorninmi:

I took the Bar in July and they don’t finish grading it until November. So, my eagerness for cases is on hold till then.

The Department of Agriculture has had there funding cut now to the point that they cannot do the inspections they are supposed to under right to farm. Which kind of means that it is up to you to show in court (or whatever type of administrative hearing the city might give you) that you meet the GAAMPs.

As far as what the city will do, that depends on the city ordinances. As an example: Here in Albion we have two sets of ordinances, one dealing with animals and one with vegetation. If your plants get over ten inches tall and the city code enforcement officer decides they are in violation he will send a notice of abatement. Once you get the notice you have 10 days to appeal to the building board of review. If you loose at the building board of review, the only way to appeal is to file a civil case in the circuit court (hello mister $150 filing fee) asking for an injunction. If at any point you miss you appeal date (and the city will not even tell you how soon you have to file an appeal with the circuit court) the city will hire someone to mow down your plants. They will then take the amount they paid the person to destroy your crops add 10% and $100 to it and add it to your tax bill. Animals are a whole different ball game. With any animal not allowed by city ordinance there is no specific abatement procedure laid out in the city code (other than dogs, which do get taken away by animal control). The city has to take you to court to get an order to make you get rid of the animal. The problem with this is that if they win it can be even more expensive than the method of enforcing the vegetation ordinance. But, while it is being fought in court you can still keep your animals. Your city might be similar or it might be different, ther is no way of knowing without looking at their ordinances. If you are lucky they will have city ordinance online. If not, you will have to go to city hall and pay $25-100 for a hard copy.

Michigan right to farm does not say that you have to be making money, that you have to have a business, or make a profit 3 out of 5 years in order to be covered. The 3 out of 5 is an IRS rule governing writing off business losses from farming (http://www.wvu.edu/~agexten/farmman2/taxes/IRStest.htm) which is very important if you are large scale but not so important for the micro farmer. What RTF does say is that you have to be “in the commercial production of farm products.” MCL 286.472 (a, b)

Unfortunately we have only one case for guidance on what this means. It said that there is no minimal level of sales required to be involved in commercial production. Charter Tp. of Shelby v. Papesh, 267 Mich.App. 92, 101, 704 N.W.2d 92, 99 (2005)
The problem comes when you are a mixed personal and commercial operation. If you produce 100 eggs a week and sell 90 of them you are probably good, if you produce 20 a week and sell ten maybe, if you produce 12 and sell 2 you might have a problem. But with no appeals court in Michigan having ever looked at this we don’t know (I am hoping to get a case on this in court and get some further guidance - but I won’t be able to do that till Nov). Your “farm” must be engaged in “the act of producing or manufacturing an item intended to be marketed and sold
at a profit.” Charter Tp. of Shelby v. Papesh, 267 Mich.App. at 100-101. The issue becomes are you producing with the intent to sell or merely producing for yourself and occasionally selling surplus.