Simply buying or selling muscovies for food is not sufficient to be staying within the regulations. Permits, marking of birds, and retention of documentation are required:
Hatcheries (and any individuals raising muscovies) will need to get a "sale and disposal" permit in order to legally sell live birds, carcasses, or eggs. [regulations 21.14(c), 21.25(a)] If local laws require local permits or licenses, all of these must be presented to FWS when applying for the permit.
The permit requires marking the birds [regulation 21.14(b)] before 6 weeks of age by [regulation 21.13(b)]:
- removal of hind toe on right foot
- pinioning of wings
- banding of leg
- tattooing on the web of one foot
The methods of marking the birds was not changed. This is the existing regulation for all waterfowl requiring permits (muscovies were added to this list with the new regulations)
Sale of live birds requires the birds are marked regardless of the age [regulation 21.13(c) - also not changed from before]
Anyone selling birds, carcasses, or eggs (with a sale and disposal permit) must keep a record of all sales (FWS Form 3186) and copies must be given to the recipient and the FWS office that granted the permit [regulation 21.25(b.9)]
Holders of sale and disposal permits are required to report to the FWS annually to report the number of waterfowl kept and the method of marking [regulation 21.25(c)]
Anyone acquiring birds, carcasses, or eggs must obtain them from a person or company with a sale and disposal permit and retain a copy of the documentation (FWS Form 3186) as long as they have possession of the birds, eggs, or any progeny. [regulation 21.14(f)]