Itinerant Custom Slaughter

Viewing 15 posts - 1 through 15 (of 20 total)
  • Author
    Posts
  • #42594
    mstacy
    Participant

    When I was a kid my folks would purchase a pair of piglets in the spring. They hired a local gentleman to slaughter them in the fall (shoot, bleed, scald & split).

    This is a tradition with deep roots that presumably is not limited to New England. At the time I was far too young to have an interest in the laws governing such practices and didn’t have the wherewithal to find out about them in any case. Today Vermont has a law on the books that specifically allows this practice, Title 6 Chapter 204, Statute 3306 section f.

    http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=06&Chapter=204&Section=03306

    The law even makes provisions for slaughter of contract raised animals by, “Itinerant custom slaughterers, who slaughter solely at a person’s home or farm and who do not own, operate or work at a slaughtering plant shall be exempt from the licensing provisions of this section. An itinerant custom slaughterer may slaughter livestock owned by an individual who has entered into a contract with a person to raise the livestock on the farm where it is intended to be slaughtered.”

    As someone who raises and slaughters a few pigs and also raises a few cows I have a strong interest in on-farm slaughter. I am not a lawyer, but the way I read the statute I can’t see any reason why the farmer (a.k.a. me) wouldn’t be eligible for the same exemption as the itinerant slaughterer. By definition I am not itinerant if I am on my farm, but that bears absolutely no relevance to the quality or safety of the wrapped meat.

    What am I missing here?
    I do not own a slaughtering plant.
    I do not operate a slaughtering plant.
    I do not work at a slaughtering plant.
    Am I not entitled to exemption from license requirements, provided that the owners of the animal have properly contracted me to raise, slaughter, and butcher an animal for them? Would the end product be somehow safer if I became legally itinerant (I apologize for the facetious question)? How would I do that? Deliver the animal to the customer’s house and slaughter it there? Could two farmers swap itinerant slaughtering … you come to my farm to slaughter animals for my customers and I go to your farm to reciprocate? Do I really have to jump through those sorts of hoops to comply with the letter and intent of the law?

    I believe the intent of this statute is to allow knowledgible, consenting consumers to circumvent licensed slaughter houses and processesors. Am I reading it wrong? I support that intent whole heartedly. I believe this is vital to the viability of small scale farming. We’re talking about on the order of the 20% of the monetary value of the animal. Why should that revenue be funneled away from the farm?

    Licensed, inspected slaughter and processing facilities can (should, but don’t always) provide important safeguards when consumer and farmer are removed from one another. But these very same safeguards become onerous, idiotic and prohibitively expensive when the transaction is inherenty local. Neighbor to neighbor. Friend to friend. Why stress an animal by loading and trucking it to a strange place to be slaughtered by strangers? Shouldn’t it be the buyers choice? I support Joel Salatin’s concept of the “glass walled” slaughter house (if you have walls at all). The combination of transparency, integrity, and personal accountability beat regulation and inspection any day of the week.

    I am eager to here your thoughts regarding on-farm slaughter and processing.

    Sincerely,

    Matt Stacy
    W. Topsham, VT

    #66582
    goodcompanion
    Participant

    Very good observations.

    Here is the rub. While it may be legal for you to function as your own itinerant custom slaughterer, what are you going to do with those sides of meat? You don’t have a licensed facility to cut them up in. The only legal, acceptable thing you can do with that meat, according to the VAA, is cut it up yourself for your own use. Can’t sell it.

    For that matter, if you hire an itinerant custom slaughterer (let’s say ICS for short), per the statute, to reduce your animal to sides of meat, then said custom slaughterer is also legally unable to do more than give you the sides to cut up yourself for your own use. You can’t sell it.

    So your ICS owns an inspected custom shop in the same town? It’s illegal to transport the sides there to be processed. Animals must arrive alive (no downer law), at least domestic animals. Don’t ask me how this applies to deer, the bread-and-butter business of a typical custom shop, since they obviously don’t arrive alive.

    However it appears that an ICS could slaughter an animal on-farm and then give the sides of meat to a buyer or buyers, and they could take the whole sides of meat home and cut them up there, themselves for their own use, dispose of their own renderings, make their own sausage, etc. Most buyers would prefer to hire the ICS to do this, either on-farm or in the ICS’s custom shop. But this is not allowed. That is not to say that the practice is not widespread, but it is an illegal trade, and many of those involved in it are fully aware of this (not that I know any personally ;)) As you rightly point out this practice is an extension of a very old local tradition and meets a strictly local need. It should not expose those involved to legal action by the VAA, but it does.

    Seems to me that if the legislature were to draft an exemption to the no-downer law where it applies to livestock slaughtered at another location by the owner of a state-inspected custom shop, for purposes of custom sale only, then this would solve the problem.

    #66577
    Carl Russell
    Moderator

    Also there is a problem in the interpretation of the law cited by Matt by VAA. The law was intended to do just as Matt interpreted, but according to VAA it doesn’t jive with federal meat inspection policy, which dictates what VT can do. There is some debate over a person who contracts with me to raise and slaughter an animal can actually be exempt as well under the owner/ICS exemption.

    In the real world, where reasonable intelligent people live and work in communities, it makes all the sense to be able to make a contractual agreement and to expect the terms to stand up. The limitation comes from the link between the VT laws and the Federal laws.

    It is another affront to us that we cannot continue a human society tradition. Even if we are successful, which we were with the current VT law, at making reasonable policy changes here at the state level, it is all trumped by federal meat inspection law.

    I feel like it is coming to a point where we just need to do what we know is right, and what we know we have the rights to do in community with our neighbors. The legislative process is rife with compromises that basically tie up huge amounts of time and money, with little or nothing to show.

    Like Erik says, I know folks(;)) who can get 20-30% more per pound for on-farm slaughtered meat sold directly to customers, than my friends who raise enough animals to be able to afford the slaughter/inspection pipeline. They also believe firmly in their right to farm and do business on their own terms (as long as they are not hurting others:)).

    The question in my mind, is how do we as a community find a way to support these people so that the potential legal actions can be covered financially, and at the same time are used to make the change that logic requires?

    Carl

    #66583
    goodcompanion
    Participant

    @Carl Russell 26142 wrote:

    I feel like it is coming to a point where we just need to do what we know is right, and what we know we have the rights to do in community with our neighbors. The legislative process is rife with compromises that basically tie up huge amounts of time and money, with little or nothing to show.

    Like Erik says, I know folks(;)) who can get 20-30% more per pound for on-farm slaughtered meat sold directly to customers, than my friends who raise enough animals to be able to afford the slaughter/inspection pipeline. They also believe firmly in their right to farm and do business on their own terms (as long as they are not hurting others:)).

    The question in my mind, is how do we as a community find a way to support these people so that the potential legal actions can be covered financially, and at the same time are used to make the change that logic requires?

    Carl

    I agree. The problems with the law are probably intractable as long as the VAA continues to try to recast our agriculture in terms acceptable to the USDA. Eventually they will probably have to prosecute someone for breaking some stupid reg or another. The whole community must be prepared to defend that individual legally and to make the resulting discussion open and public.

    #66589
    jason glick
    Participant

    three towns here in maine just passed this ordinance

    http://localfoodlocalrules.files.wordpress.com/2011/03/localfoodlocalrules-ordinance-template.pdf

    and i think we’ll probably have a special town meeting this spring and vote it in here in montville to help keep the ball rolling. the implications… a statement and a step towards putting responsibility back in the hands of the consumer.

    #66578
    Carl Russell
    Moderator

    Jason, and others, Bob St. Peter, the founder of the Independent Food Project which sponsored those resolutions, may be the Keynote speaker at Rural Vermont’s annual meeting May 4th, 6:30-9 pm at the West Monitor Barn in Richmond, Vermont.

    We are very interested in seeing how we can also try to keep the ball rolling here in Vermont.

    Carl

    #66584
    goodcompanion
    Participant

    @Carl Russell 26172 wrote:

    Jason, and others, Bob St. Peter, the founder of the Independent Food Project which sponsored those resolutions, may be the Keynote speaker at Rural Vermont’s annual meeting May 4th, 6:30-9 pm at the West Monitor Barn in Richmond, Vermont.

    We are very interested in seeing how we can also try to keep the ball rolling here in Vermont.

    Carl

    Count me in. Reading this over though, there is no way in hell the powers that be are going to leave this alone. It will be very interesting to see to what degree the people who voted for this are willing to go to the wall for their food soverignty. The part at the end, under pre-emption, is this for real? The town will secede from the state if the state overrules it? Are they really ready to have the state call that bluff? Far out. We live in interesting times, that’s for sure.

    Erik

    #66593
    mstacy
    Participant

    @jason glick 26169 wrote:

    three towns here in maine just passed this ordinance

    http://localfoodlocalrules.files.wordpress.com/2011/03/localfoodlocalrules-ordinance-template.pdf

    and i think we’ll probably have a special town meeting this spring and vote it in here in montville to help keep the ball rolling. the implications… a statement and a step towards putting responsibility back in the hands of the consumer.

    Jason thanks for posting. Has this ordinance been implemented yet? What kind of response have you had from external government authorities?

    It’s an intriguing concept. I’m not a lawyer but it looks like a lot of thought and expertise went into that document, particularly the clause about severability.

    Let us know how this thing develops.

    Regards,

    Matt

    #66585
    goodcompanion
    Participant

    The really intriguing thing about this document is that it makes the people of the town the actors, rather than an individual producer. This makes it hard to dismiss as just a trend in alternative entrepreneurship or what have you. This makes me think that a significant number of people in the region, not just farmers, are really connecting the dots.

    #66586
    goodcompanion
    Participant

    The State of Maine now has a response to those towns that passed the ordinance. You can read it:

    http://salsa.democracyinaction.org/o/1221/images/Whitcomb_Letter_Local_Food_Ordinance.pdf

    I can imagine the next move of the towns, or at least one possible next move, a la American Flatbread. The town itself could host a local community dinner featuring a slew of locally prepared, uninspected products (like maybe a pig roast from a communally butchered pig), broadly advertised as such, charge $10 a head for the meal, and invite the Dept. of Ag. officials to attend. The DoA would have a written invitation and couldn’t ignore it. They would have to threaten and/or fine someone, but who? The organizers? The producers? The whole town who attends and consumes knowingly? Who exactly would State Law be protecting in this case?

    #66590
    jason glick
    Participant

    we have been doing a fall harvest supper the last 4 or so years with said goods, but haven’t advertised it as unlicensed and have only taken donations. a cover charge and an invitation to DOA would certainly change the mood of the celebration. jason

    #66591
    near horse
    Participant

    I’ve got the answer that’s been used by all the BIG corporate guys – ag included. SELF-MONITORING.

    If it’s okay for other coprorate entities to monitor and self-report themselves (and save the govt cash) why not the small producer as well?

    Also, how about this statement from the state of ME to Blue Hill –

    “Department personnel are instructed to work with unlicensed food processors and manufacturers to gain their voluntary compliance with the law. However, persons who fail to comply will be subject to enforcement,….. including the imposition of fines.”

    The threat of fines and enforcement doesn’t sound like “voluntary compliance” at all to me. That is coerced compliance.

    #66587
    goodcompanion
    Participant

    @near horse 26656 wrote:

    The threat of fines and enforcement doesn’t sound like “voluntary compliance” at all to me. That is coerced compliance.

    Well put.

    Jason, I totally understand the idea of flying under the radar with the local dinners. Such things are happening because they meet a need. But there is an element of risk to those involved of being made examples of by the state. The reasoning of the ordinance is to bring the dialog on appropriate food regulation into an open public debate. Neighbors growing and preparing foods for neighbors should not have to be a dirty little secret that risks fines and lawsuits from state and federal officials.

    If the majority of the population in a town, or in a state, truly believes that local food constitutes a health risk, then let the constituency decide how to protect the public good against such risk. As a producer, I would be willing to submit to requirements that my peers and neighbors thought reasonable and necessary. But our current system is out of step with the public sentiment (and I believe also with the public interest), and is trying to quash the local-food resurgence out of a belief in the supremacy and safeness of bigness that the general public no longer shares.

    #66579
    Carl Russell
    Moderator

    Meat Producers Want ‘Sovereignty’ over Sales

    2011-04-28 / People
    By Josey Hastings

    It may come as a surprise to some Vermonters to discover that they cannot, legally, buy pork or beef from the farmer up the road who has raised and slaughtered his or her animals on the farm.

    As the local food movement grows in Vermont, both farmers and consumers are running up against many of these kinds of regulatory limitations.

    In the case of meat sales, farmers are required to bring their live animals to a state-inspected slaughterhouse if they want to sell any of the meat to neighbors or friends, not to mention stores. While this is an acceptable arrangement for some farmers, others, such as Carl Russell of Earthwise Farm and Forest, feel strongly about slaughtering their own animals on the farm.

    Russell’s farm is run by hand and horsepower, and he raises his animals with a sense of deep commitment and caring. In describing his relationship with his animals, Russell tells the story of finding a very cold, new-born Jersey bull in a rain-filled ditch in the early dawn. The calf’s mother had struggled in labor, sliding under a fenceline and down an embankment, to end on her back in the ditch where, unable to right herself, she dropped the calf in the cold flow of spring run-off.

    Russell got both calf and mother back to the barn where the cow collapsed in exhaustion. He warmed, dried, and bottle-fed the new calf, which two seasons later he slaughtered to feed his family. This intimate level of connection with animals and with one’s own food is rather unique in today’s predominantly large-scale agricultural world, and it is this connection that Russell wishes to maintain by taking responsibility for slaughtering his own animals.

    Russell sees the growing interest in local food as being, in part, about the yearning people feel to be involved in their food story—to know where their food comes from, how it was raised and by whom. He recognizes that, were it not for federal law, he could sell meat from his family’s farm directly to consumers who value the time, effort, and insight he invests in raising his animals.

    Russell would like to see a tiered regulation system that would allow small farmers and consumers to benefit from direct sales. “As owners of our land and entrepreneurs in our community,” he says, “we feel we should be able to make business arrangements with our neighbors in a way that suits us.”

    Randy Quenneville, Program Chief of the Vermont Meat Inspection Agency, has concerns that “there seems to be a general lack of understanding of sanitation principles and dressing procedures among small farmers.” The state agency works with small farming operations to help them understand USDA regulations and find ways to work within the bounds of federal law.

    According to Quenneville, farmers are allowed to slaughter on-farm if they build a room that meets minimum sanitation requirements. At about $3 per square foot for new construction, however, the room requires a certain amount of initial investment.

    Movement Grows
    Russell’s desire for greater freedom in local, direct food sales is shared by many others who have begun to form what is now being called the “food sovereignty movement.” Russell believes this movement has developed a critical mass. “I don’t think that policymakers will be able to stem the tide of the food sovereignty movement,” he says, “People will buy the food they want, raised the way they want.”

    Rural Vermont, a statewide nonprofit group founded by farmers in 1985, is currently planning a food sovereignty campaign which it intends to launch this summer. The campaign’s primary goal is to pass local food and community self-governance ordinances in towns throughout the state. One of Rural Vermont’s first steps will be to hold town meetings on the topic.

    The ordinance is intended to protect the rights of consumers and farmers to engage in the direct sale of farm-raised and farm-processed goods without the oversight of state or federal government. This idea is not without precedent. Sedgwick, Maine residents recently made national headlines when they unanimously voted to adopt such an ordinance.

    On Wednesday, May 4 from 6:30-9 p.m., Rural Vermont supporters from near and far will convene at the West Monitor Barn in Richmond for Rural Vermont’s 2011 Annual Meeting. Bob St. Peter, of Sedgwick, who is the executive director of Food for Maine’s Future, will give a keynote address on “Local Food, Local Rules: Creating Food and Farming Policies that Work for your Community.”

    According to St. Peter, “Up until the last couple generations, we didn’t need a special license or new facility each time we wanted to sell something to our neighbors. Small farmers and producers have been getting squeezed out in the name of food safety, yet it’s the industrial food that is causing food borne illness, not us.”

    The event is free for Rural Vermont members and all kids, and $10 for non-members.

    If you are interested in participating in Rural Vermont’s food sovereignty campaign, contact Shelby Girard at or shelby@ruralvermont.org.

    To read the full text of the ordinance, visit http://savingseeds.files.wordpress.com/2011/03/localfoodlocalrules-ordinance-template.pdf.

    If you have information that you would like to share about local food or agriculture, please contact Josey at joseyhastings(at)gmail.com.

    #66588
    goodcompanion
    Participant

    @Carl Russell 26659 wrote:

    Randy Quenneville, Program Chief of the Vermont Meat Inspection Agency, has concerns that “there seems to be a general lack of understanding of sanitation principles and dressing procedures among small farmers.” The state agency works with small farming operations to help them understand USDA regulations and find ways to work within the bounds of federal law.

    According to Quenneville, farmers are allowed to slaughter on-farm if they build a room that meets minimum sanitation requirements. At about $3 per square foot for new construction, however, the room requires a certain amount of initial investment.

    This burns me up. No, can’t let those filthy hicks get their hands on your food. Our problem is that, as farmers, (A) we are just plain dirty and (B) we ‘don’t understand’ USDA regulations. Just too ignorant all around, I guess.

    Yet there is an exemption for the itinerant slaughterer with no explicit onus on that person to adhere to any criteria of sanitation or masterful understanding of USDA policy.

    Also, I think they left a zero off that $3 per square foot new construction figure. Who can build new construction for $3 per square foot? A hoophouse with a dirt floor, maybe.

    I would rant more but I am missing the royal wedding.

Viewing 15 posts - 1 through 15 (of 20 total)
  • You must be logged in to reply to this topic.