Selling eggs... organic, free range, etc

[Lemon-Drop]

Thanks everyone!

 

[Sally PB]

Yes, thank you!

I looked -- very briefly -- into organic certification. Nuh uh, not going to do that. Even though I garden with no pesticides or herbicides, and have been that way for many years, I'm sure there is SOMETHING in my soil that would disqualify me. Treated lumber? The farmer's fields next door? (I'm between him and the river, so I'm sure his use of herbicides, etc., is draining through my land.)

I do what I can do. My neighbor wants to buy eggs from me when I have enough to sell. I feed organic feed, and he's said, "I know yours are raised right."

They brought their grandchildren to see the chickens and he said, "Well, don't they look happy!"

@Lemon-Drop, let us know what you do with your eggs! I bet this topic applies to a lot of people.

 

[raingarden]

It is easier to ask for forgiveness than permission. How much time are the authorities going to invest in busting someone who sells 2-3 dozen per week?

 

[Brooks_]

It is easier to ask for forgiveness than permission.

I can see that if they are organic and the certification is the only thing missing, otherwise it would be straight up fraud.

 

[U_Stormcrow]

It is easier to ask for forgiveness than permission. How much time are the authorities going to invest in busting someone who sells 2-3 dozen per week?

Your mistake, @raingarden , which I alluded to in my earlier post is thinking that the Authorities have anything to do with enforcing this portion of Washington's laws.

The WA Legislature, like the Legislature of many (possibly all, actually, I don't recall specifically researching a very few) other States, decided to make the statute largely "self enforcing" by authorizing private citizens to bring claims against other private citizens, then sweetened the pot by ensuring their attorney fees would be covered, contra the "American Rule" which governs most other litigation in the US, and by authorizing damages in a multiple of actual. Some attorneys, in fact, subsist entirely on such claims and employ sham "consumers" solely so they can shake down businesses with claims of deception.

RCW 19.86.090
Civil action for damages—Treble damages authorized—Action by governmental entities.

Any person who is injured ... may bring a civil action in superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee. In addition, the court may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained: PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed twenty-five thousand dollars: PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney's fees. The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed twenty-five thousand dollars.

- and what does the statute prohibit -

RCW 19.86.093
Civil action—Unfair or deceptive act or practice—Claim elements.


In a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it:
(1) Violates a statute that incorporates this chapter;
(2) Violates a statute that contains a specific legislative declaration of public interest impact; or
(3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons.


That is, (1) Something illegal under this statute; (2) something the legislature said was in the public interest; or (3) **any other damn thing that might possibly harm somebody, physically or financially**.

"Unfair and Deceptive" claims are what are used to bring class actions claiming that a person would not have bought that soy milk, almond milk, or veggie burger had they realized they were not real milk, real milk, or ground cow. They can also be used punitively, using the expense and distraction of the lawsuit itself to hamper a competing business - even if there is no merit to the claim, its is very easy to drag the process out and propound onerous discovery upon one's opponent to increase their defense costs.

False, Deceptive, of misleading statements are illegal under Washington Statute, RCW 69.04.016 by the way.

 

[Lemon-Drop]

It is easier to ask for forgiveness than permission. How much time are the authorities going to invest in busting someone who sells 2-3 dozen per week?

Thank you, but I would really rather not be doing “illegal” things. I just really always try and do things the right way, so if Organic is kind of an “iffy” spot, then I’ll just skip that part. Thank you though.

 

[Lemon-Drop]

Yes, thank you!

I looked -- very briefly -- into organic certification. Nuh uh, not going to do that. Even though I garden with no pesticides or herbicides, and have been that way for many years, I'm sure there is SOMETHING in my soil that would disqualify me. Treated lumber? The farmer's fields next door? (I'm between him and the river, so I'm sure his use of herbicides, etc., is draining through my land.)

I do what I can do. My neighbor wants to buy eggs from me when I have enough to sell. I feed organic feed, and he's said, "I know yours are raised right."

They brought their grandchildren to see the chickens and he said, "Well, don't they look happy!"

@Lemon-Drop, let us know what you do with your eggs! I bet this topic applies to a lot of people.

I think I’ve decided to still feed my girls organic feed, but not say that on the packaging/sign.

I will probably say “Free range eggs from happy hens” or something like that.

Thank you for all the help!

I certainly wouldn’t be “certified organic” if someone asked. I feed organic feed, but their wood is probably treated, I don’t think their bedding is organic, and who knows what other stuff chickens get into that’s not organic. I know I certainly don’t eat just organic food. (Though I try if there’s the option)

 

[Sally PB]

I think I’ve decided to still feed my girls organic feed, but not say that on the packaging/sign.

I will probably say “Free range eggs from happy hens” or something like that.

Thank you for all the help!

I certainly wouldn’t be “certified organic” if someone asked. I feed organic feed, but their wood is probably treated, I don’t think their bedding is organic, and who knows what other stuff chickens get into that’s not organic. I know I certainly don’t eat just organic food. (Though I try if there’s the option)

I think I'll be doing exactly the same thing. Good luck!

 

[rosemarythyme]

I do what I can do. My neighbor wants to buy eggs from me when I have enough to sell. I feed organic feed, and he's said, "I know yours are raised right."

They brought their grandchildren to see the chickens and he said, "Well, don't they look happy!"

Sounds very reasonable - for me and my family, "organic enough" is good enough, and I've also been told that my chickens look happy, and maybe that's why the eggs taste better (I can't taste the difference, so I'll let others judge that). They're certainly fresher than anything you'd get at a store.

Same with my veggies. I grow them pretty close to organic standards and I get organic seeds and starts when I can. Plus you can't beat freshness in terms of getting them from ground to table in under a minute. I get a lot of compliments when I serve them up for dinner.

 

[Cmerchant]

I plan to start selling my eggs in the summer, once all my girls start laying. I will feed organic feed, and they free range occasionally.

I have 16 chickens of mixed ages and breeds.

My two main questions are:

Do I have to be certified organic if I want to sell as “organic?” Like if I have “Fresh, organic eggs” on the title, do I have to be certified?

I found this when I was researching: View attachment 2677869
Does that mean not getting 5000$ From selling the eggs, or does that include household income as well?

I also want to say “free range” on my eggs...

I live on a little less than an acre of land. They free range occasionally, usually 5 times a week. Right now they are not free ranging as much because the little ones are still quite young. I have to watch them all the time while they are free ranging because I have lots of predators in my area.

So my question is, how much space do they need to be “free range?”

Their run that they have access to during daytime, from when I let them out at 7 am to when I lock them up at 8:30 pm. (Earlier in winter) is 750 square feet, equaling a little less than 50 feet per bird in the run. (Approximately 46 feet)

Would this qualify as free range?

I am planning on selling 2-3 dozen a week, (I still need some eggs for my self)

so would plan on mostly having a few regular customers. If I’m getting more eggs I might put a sign out on the road to advertise.

I am mostly planning on selling the eggs to pay for feed. Feed is pretty expensive (about 50+ a month, especially for organic)

Thanks! Sorry That this is so many questions.

Where are you located? I did a candling class last yr to be able to sell legally in my county..didn't cost anything for course & bc I don't have plans on selling loads or to a market place I can do so