Michigan Right to Farm Law, what does it mean?

[michickenwrangler]

Thank you Eldenbrady for clarification.

This has been a topic of much debate and confusion on both sides.

 

[cheraboo]

Quote:
Thanks! I had read all of the posts before but they make a little more sense now

So it sounds like I can keep a few of my hens as long as I sell or intend to sell eggs? Can I really count the birds we are having processed? You have given me some hope.

 

[Sonoran Silkies]

I'm not a lawyer, but it seems logical and reasonable to me.

 

[eldenbrady]

If anyone is interested in reading the case you can find it here (http://mi.findacase.com/research/wfrmDocViewer.aspx/xq/fac.\MI\2005\20050623_0001546.MI.htm/qx) note: the court did not rule that they were protected under RTF rather they outlined what it meant and returned it to the lower court to decide.

Another interesting one is (https://www.glrsonline.com/Course1000/Module2/Lesson3/woodland_hills_v_thetford.pdf) note: this case is unpublished meaning that it is not binding on any other court, it shows a little different insight on how they apply the law.

It seems under the holding of the case that if you were selling all of your animals and eggs you would be protected even if you had only one chicken. I think until we get a court ruling on mixed personal commercial operations we (those of us in cities were we need RTF protection) just need to try to make our operation as commercial as possible to increase our chances of being covered.

The hard part of the decision is once the city starts going after you figuring out how much money to spend (and potential fines to rack up if you lose) on defending. Since we don't have any court cases yet nothing is guaranteed. We choose to give up part of our garden this year and wait till next because the hostility our local judge shows to people without attorneys made it less likely that we would win. Obviously, once you have emotional attachments to animal it is a little harder to do that. I will be trying to find folks to start a few mixed operations cases in the hopes of having some concrete guidance for all of us within a couple years - sadly the court system goes that slowly.

 

[Sonoran Silkies]

Thank you for posting those. Very interesting.

There were certain rulings in the first case that I think would apply? Such as the rulings that the RTFA preempts local ordinances? A party would still need to prove that they meet GAAMPS and are indeed producing commercial farm products, but at least part of the battle would have already been fought.

I would think that if you set up your farm as a business, create an LLC and keep appropriate records, you could sell your farm products to any customer, including yourself as an individual purchaser. If it is a business, and you keep a dozen eggs for yourself, you have lost their value to your business. However, businesses pay their employees, including their owners.

 

[eldenbrady]

Creating an LLC and selling to yourself is a very interesting idea.

 

[Sonoran Silkies]

Well, originally farms (think of family farms) produced primarily for the family, plus enough extra to cover the cost of things that the farm couldn't produce.

 

[eldenbrady]

Ya, unfortunately RTF wasn't written with those in mind.

 

[sdgdh1]

Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.​

 

[cheraboo]

Just getting final arguments together for tomorrow's meeting. I was stuck on the Right to Farm Act as it didn't define what commercial production was. I found a Traverse City newspaper article where the city attorney said that a chicken owner only needs to sell one egg to be considered commercial. Gee! That's not really a problem now, is it?

Our village ordinance requires all owners of adjoining property need to give their approval in order for a permit to be issued allowing chickens. I know local laws cannot supercede the Right to Farm Act but does that also mean that the village cannot legally require us to collect these signatures?