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Poultry Your Way - Center for Integrated Agricultural Systems ...

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MANAGEMENT ALTERNATIVES<br />

INDUSTRIAL: CONFINEMENT<br />

Legal Considerations. Drake University Law professor Neil Hamilton examined broiler contracts offered by 18<br />

different companies. He found that the contracts generally fell within one of two categories: “standard” contracts<br />

and “grower friendly” contracts. The grower friendly contracts generally included terms similar to the standard<br />

contract with the addition of provisions “that appear to provide some level of protection or assurance to growers”<br />

(Hamilton, 2001). Standard and grower-friendly broiler contract terms are summarized in Figure 25. If you are<br />

considering contract production, compare these terms with those offered by the contracting company in your area.<br />

When considering contract production <strong>for</strong> broilers, turkeys, or other poultry enterprises, be sure to consult with<br />

a lawyer who is familiar with the industry. Farmers’ Legal Action Group, located in Minnesota, may be able to help<br />

you identify an appropriate lawyer. Moreover, you may want to contact the National Contract <strong>Poultry</strong> Growers’<br />

Association or an experienced farmer to review your contract terms be<strong>for</strong>e you sign.<br />

Figure 25: General Broiler Production Contract Terms<br />

STANDARD CONTRACT TERMS<br />

■ Duties of the company<br />

■ Duties of the grower<br />

■ The grower’s independent status<br />

■ Incorporation of an attached payment schedule subject to<br />

change by the company<br />

■ Term or length of the contract<br />

■ Timing, frequency, and number of flocks at<br />

company’s discretion<br />

■ Timing of removal and processing of birds at<br />

company’s discretion<br />

■ Grower to be present or represented during catching<br />

or accept risk<br />

■ Title to the birds with the company and prohibition<br />

on grower liens<br />

■ Prohibition against keeping other fowl on the<br />

grower’s property<br />

■ Prohibition against using supplies not provided by company<br />

■ Company’s right of access to the grower’s facility<br />

■ Company’s right to take over the grower’s facility or<br />

remove the birds<br />

■ Grower actions considered by company to be a default of<br />

the contract<br />

■ Only written contract terms applicable with no<br />

modification unless in writing<br />

■ Assignment of contract only with approval of the company<br />

Summary. Industrial production may be an excellent alternative <strong>for</strong> someone who would like to produce<br />

year-round, has access to capital, and is not interested in marketing independently. Be aware, however, that most<br />

integrators have waiting lists. If you are interested in industrial, contract production, contact an integrator in your<br />

area to learn about contracting opportunities and to request a copy of a sample grower contract. <strong>Poultry</strong> growers<br />

who contract with integrators say the most important thing you can do be<strong>for</strong>e signing a contract is to read it!<br />

• Know your commitments (and those of the processors).<br />

• Ask questions.<br />

• Talk with other producers who have signed contracts with the same processor.<br />

• Review the contract with a lender and a lawyer.<br />

GROWER-FRIENDLY CONTRACT TERMS<br />

■ Right to join any organization or association<br />

■ Prompt weighing of live birds<br />

■ Chick placement from hatchery is random<br />

■ Payment possible if birds die due to Act of God<br />

■ Grower can view feed weighing and live bird weighing<br />

■ Company agrees to use certified scales <strong>for</strong> weighing<br />

■ Delivery of weigh tickets and records<br />

■ Assistance program <strong>for</strong> growers with poor per<strong>for</strong>mance<br />

■ Incorporation of a written “Broiler Growing Guide”<br />

establishing standards<br />

■ Company employees excluded from the payment pool<br />

Source: Excerpted from Hamilton, 2001.<br />

An excellent resource to assist with contract evaluation is Oklahoma Cooperative Extension Service’s Broiler<br />

Production: Considerations <strong>for</strong> Potential Growers. Although this publication is aimed at Oklahoma producers,<br />

the in<strong>for</strong>mation and advice apply to Midwestern producers (see Resources under Legal Considerations).<br />

<strong>Poultry</strong> <strong>Your</strong> <strong>Way</strong> 51<br />

MANAGEMENT<br />

ALTERNATIVES

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