Non-NPIP Shipping Consequences (CT)

[notaburner]

Hello everyone,

A friend of mine has about 150 or so chickens, divided by breed into 10 coops. They are hoping to start shipping hatching eggs across state lines, but because of the size of the flock, it will be very expensive to do so. They'll need to get the entire flock tested once a year at $2 per bird, in addition to quarterly testing of 30 birds.

Their question is: what happens if they ship eggs without NPIP approval? Anyone have experience with this? Feel free to PM.

Thanks!

 

[ChickenLeg]

I doubt anything ever will come of it.. I havent shipped a lot of hatching eggs but I have time to time over the years.. I seriously doubt anyone will come after them if they arent NPIP. $300 to get them tested then $240 yearly to keep the flock tested isnt that bad at all, and being NPIP will widen the customer pool.

If they plan on selling eggs from quality birds for lets say $30 a dozen plus shipping then 8 dozen eggs will cover the yearly cost and they'll lay that many in a single day..

 

[U_Stormcrow]

Well, it almost certainly violates the laws of both the State they are in and the state they are shipping to. Its irresponsible, puts the flocks of other owners in the area at risk, and helps contribute to the destruction of sometimes millions of birds.

If the recieving State finds out, the most common penalty is destruction of the flock the shipped bird is now part of. Not the bird, the flock. It puts the reciever in potential trouble too, and even if not, they aren't likely to be pleased that your friend's eggs cost their their flock. Repeat violations, in places that require licensing, might prevent the recipient from owning birds in the future.

As to the sending State? Varies quite a lot, but can involve fines and loss of flock ownership.

Now, I am NOT an Attorney. This is NOT legal advice. But shipping across state lines is interstate commerce - that's the Feds. US Postal is about the only way to ship eggs. Exchanging, by way of interstate commerce, an unmerchantable product for cash is, arguably Fraud. Using the US Postal Service to do so is, arguably, Mail Fraud. and if the sale was transacted by telephone, cell phone, or the internet (or even Paypal for payment) it is, arguably, Wire Fraud as well.

My politics leans little "l" libertarian. In general, I think we have too many laws, too many crimes. But the FACT is, the US legal system does not provide adequate recourse for a commercial farm that loses its flock due to an individual transporting a diseased bird across state lines. The individual has, in all likelihood, neither sufficient insurance nor assets to make the farmer "whole". So in spite of my general leanings, I don't find much fault in where essentially every State in this Union decided to draw the arbitrary line regarding uninspected poultry import/export.

DON'T DO IT.

If your friend wants to sell and ship eggs - keep them IN STATE.

 

[U_Stormcrow]

I just realized you had (CT) in your title.

This may interest (bringing birds into the State)

More
"b) Annually, each poultry dealer conducting business within the state shall apply for a license upon forms furnished by the commissioner. The commissioner shall issue such license unless, in the commissioner’s sole discretion, the commissioner deems it in the best interest of the public to refuse issuance thereof. In refusing to issue a license, the commissioner shall give due regard to whether the applicant has had such a license previously revoked or suspended or has violated any state or federal law or regulation concerned with interstate transport of live poultry and hatching eggs or live poultry health requirements." (emphasis mine)

Recieving eggs from an uncertified flock into MA involves a fine and potential flock destruction. Plus, of course, potential loss of licensure for the reciever.

New York has similar restrictions on Import, I've not dug thru NYS for the specific statutes as to penalties for violation.