Creating a Homestead Business: Legalities & Liabilities (2024)

Before turning your homestead passion into a business, learn about the risks and responsibilities of creating a homestead business in this article.

Today I welcome Deborah Niemann of The Thrifty Homesteader. I first learned of Deborah in 2009 ish, when she was blogging at Antiquity Oaks.

Deborah’s blog was a wealth of information about goats, and one of our go-to sources when we were raising Alpine dairy goats. She is the author of Homegrown and Handmade: A Practical Guide to More Self-Reliant Living, which was originally published in 2011, and recently re-released with fresh information and new chapters.

Deborah has graciously agreed to share some of her experiences with us today. All photos courtesy of Deborah.
Welcome, Deborah!

How to create a Homestead Business:

Sell your produce!

It seems almost inevitable that once you start growing your own food, you will have extra to sell.

If friends and family get a taste of it, they may very well start asking or even begging you to sell them your products. Unfortunately, it’s not as simple as setting a price and starting to rake in the profits.

Creating a Homestead Business: Legalities & Liabilities (1)

On selling your own cheese:

That’s exactly what happened when I started making goat cheese, aka. chévre, 15 years ago.

Back then, I was selling it to a few friends, and one day I got a phone call from one of them, so excited because she had a big order for more cheese.

She needed several pounds of it because her mother had taken some to her doctor’s office, and they had loved it so much, that they wanted to buy some.

The legalities of selling cheese:

I knew absolutely nothing about the legalities of selling cheese at that time. However, I knew that the doctor and his nurses would be expecting shrink-wrapped cheese with a proper label and a bar code – not a hunk of cheese in a little plastic baggie with no label.

I called the state to ask about the regulations for selling cheese and stopped the woman as soon as she mentioned that the price of the smallest commercial pasteurizer was $15,000 – used!

So I said, “But I only have one milk goat.” She said, “That doesn’t matter. We think all the residents of Illinois should have access to safe food regardless of where they buy it.”

That night at the dinner table, my children asked me why I was so quiet. I responded, “I’m just wondering if selling cheese illegally will cost me thousands of dollars in fines or if I’ll go to prison.” They laughed, but I was not joking. Needless to say, that was the end of my little cheese business.

Even though I’ve never pursued the licensed dairy, our homestead has turned into a small business. We sell meat from our poultry, pigs, sheep, goats, and cattle, as well as produce from our garden.

Once I learned that I couldn’t use my extra goat milk to sell cheese for sale, I taught myself how to make goat milk soap, which I can legally do in my own kitchen.

When we still had extra milk, we bought pigs, which have the magical ability to turn milk into bacon.

On selling your own meat:

Selling meat is easy if you just sell the whole animal, and as a service to the customer, you deliver that animal to the locker for processing.

You tell the locker that the animal belongs to Jane Smith and give them her phone number, so they can call her for processing. The customer pays you for the live animal, and they pay the locker for the processing.

For years after my phone call about becoming a licensed dairy, I was very grumpy about what the government would not let farmers do.

However, after attending a few insurance lectures at conferences, I realized that liability is a much bigger roadblock than government regulations.

Educate yourself about the requirements, risks, and responsibilities that your homestead business will have when you start selling your products to people.

Even though we could legally process chickens on our farm, we won’t do it because of the liability. If someone got sick and sued us, we could lose everything because our insurance doesn’t cover us for on-farm processing.

In fact, our last insurance company dropped us when they discovered we offered on-farm homesteading classes. It took a lot of phone calls to find an insurance company that would cover an educational farm.

Ultimately, I called another farm that offered classes and sold produce and asked them for the name of their insurance agent.

What I learned:

Although I was rather grumpy through this whole process, I later learned that another local farm recently had to pay $100,000 to the family of a child that was scratched by their barn cat – or rather, their insurance company paid out that amount.

A mother sued a pumpkin farm when her toddler crawled under a fence and was kicked by their horse. Thankfully the court ruled in their favor, saying the mother had been negligent, but they had to fight a court case.

One day when I was teaching a class, I turned around to see that a child had crawled over a gate and was in the pen with our bucks.

Afterward, I kept thinking that he could have just as easily done the same thing with our boars, which have huge, sharp tusks and could accidentally slice open a person’s leg if he or she doesn’t know how to move around the animals.

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Eventually, we decided to become an LLC to protect our personal assets, including our farm, in case the unthinkable happens.

A lawyer who frequently speaks at statewide small farm conferences always says no one plans to be the cantaloupe brothers.

Remember several years ago when people were dying from contaminated cantaloupes? Medical bills amounted to $15 million, and 33 people died. The final settlement was not disclosed, but the company declared bankruptcy.

I don’t want to discourage anyone from turning their homestead passion into a business, because we need more people to produce healthy food.

You simply have to educate yourself about the requirements, risks, and responsibilities that you’ll have when you start selling your products to people.

You never know when a $5 block of cheese is going to wind up in the hands of a stranger, and if you haven’t followed the rules, you could find yourself in a lot of trouble.

Deborah Niemann is the voice behind the Thrifty Homesteaderblog and is the author of Homegrown and Handmade: A Practical Guide to More Self-Reliant Living.

The second edition just came out and includes new sections on gardening, orchards, home dairy, backyard poultry, and homegrown fiber, as well as new chapters on homegrown pork, maple syrup, honey, and homestead businesses.

Want to learn more about homesteading? Check out my eBook on How to Create an Off-Grid Homestead.

More homesteading inspiration!

  • Top Living Off the Grid and Homesteading Posts of 2014
  • Planning a Fruit Tree Guild
  • Setting Up a Homestead Kitchen on a Budget
  • Summer Homestead Reading List
  • Winter Squash Cheesecake Recipe
Creating a Homestead Business: Legalities & Liabilities (2024)

FAQs

How to make your homestead a business? ›

Make Money Off Your Homestead: Turn Your Hobby Farm into a Profitable Business
  1. Find Your Niche and Create Your Brand. ...
  2. Develop Strong Business Practices. ...
  3. Form an LLC. ...
  4. Create a Product Brochure. ...
  5. Find Creative Ways to Sell Your Products. ...
  6. Be Patient and Stay Focused.
Feb 15, 2023

How to monetize your homestead? ›

Easy strategies for earning income on your homestead
  1. Selling Plant Starts.
  2. Market Gardening.
  3. Specialty Produce.
  4. Host Events.
  5. Rent Out Space.
  6. Educational Workshops.
  7. Farm Fresh Eggs.
  8. Logging, Firewood, and Woodworking.
Apr 3, 2024

Is homesteading legal in the US? ›

Between 1862 and 1934, the federal government granted 1.6 million homesteads and distributed 270,000,000 acres (420,000 sq mi) of federal land for private ownership. This was a total of 10% of all land in the United States. Homesteading was discontinued in 1976, except in Alaska, where it continued until 1986.

What were the requirements of the Homestead Act? ›

The Homestead Act, enacted during the Civil War in 1862, provided that any adult citizen, or intended citizen, who had never borne arms against the U.S. government could claim 160 acres of surveyed government land. Claimants were required to live on and “improve” their plot by cultivating the land.

How much land do you need to run a self sufficient homestead? ›

For the average family of four, you can expect to grow a year's worth of food on three to five acres. We really do think that five acres is the sweet spot because it allows you to stack your animals and really utilize permaculture practices. One acre for gardens, perennials and fruit trees.

What is the difference between a hobby farm and a homestead? ›

Your level of involvement in a hobby farm can be flexible, so it's not like you have to be out there every single day. Depending on what plants or animals you're raising, you could afford to visit your farm on weekends or every other day and that's about it. Managing a homestead, on the other hand, is a full-time job.

What states are homestead exempt? ›

Texas, Florida, Iowa, South Dakota, Kansas, and Oklahoma have some of the broadest homestead protections in the United States in terms of the value of property that can be protected.

Who is excluded from the Homestead Act? ›

The only requirements were that the applicant must be at least 21 years of age (or be the head of a household) and the applicant must never have “borne arms against the United States Government or given aid and comfort to its enemies.” ‍ After the Civil War, this meant that ex-Confederate soldiers were ineligible to ...

Can you start a homestead with nothing? ›

You can start homesteading with no money because you can begin right where you are! There are simple skills you can start learning now that will make homesteading a reality. So many people think homesteading means acquiring a large portion of land, getting livestock, growing a huge garden, etc.

Can you claim land in America? ›

In the U.S. there are a few circ*mstances where you can file a claim on abandoned, unclaimed, and currently owned land. Keep in mind that land that may have been physically abandoned is still legally owned in most cases.

When did homesteading end? ›

Successful Homestead claims dropped sharply after the 1930s. The Homestead Act remained in effect until 1976, with provisions for homesteading in Alaska until 1986.

What does homestead mean? ›

1. a. : the home and adjoining land with any buildings that is occupied usually by a family as its principal residence. b. : an estate created by law in a homestead especially for the purpose of taking advantage of a homestead exemption.

Can a Florida homestead be in an LLC? ›

The Homestead must be owned by a natural person (e.g. an LLC cannot qualify for homestead exemption); The homeowner must intend to make the real property his or her permanent residence; and. The home must meet certain size requirements depending on its location.

How do I make money with my property? ›

How To Make Money In Real Estate: A Guide For Beginners
  1. Leverage Appreciating Value. Most real estate appreciates over time. ...
  2. Buy And Hold Real Estate For Rent. ...
  3. Flip A House. ...
  4. Purchase Turnkey Properties. ...
  5. Invest In Real Estate. ...
  6. Make The Most Of Inflation. ...
  7. Refinance Your Mortgage.

How to turn a farm into a business? ›

How to Start a Farm Operation
  1. Plan Your Farm Operation. Start here! ...
  2. Visit Your Service Center. Get in touch with your local Service Center to find programs to support your operation. ...
  3. Fund Your Farm Operation. ...
  4. Build Your Business. ...
  5. Sell Your Farm Products. ...
  6. Maintain Your Farm.

How do I start a homestead with no money? ›

10 steps to start homesteading, on the cheap
  1. Simplify your life. This would be the first thing to do when you want to start homesteading. ...
  2. Make homesteading friends. ...
  3. Start gardening. ...
  4. Preserve what you grow and what you gather. ...
  5. Learn to sew. ...
  6. Get starts from other people. ...
  7. Plan ahead. ...
  8. Cheap chickens.

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