Right now you’re probably asking yourself “Why are there Terms of Service for buying pork from your local farmer and having the meat delivered to you?”
Simple, Oregon law makes it illegal for a farmer to sell you cut meat from an animal he raises, unless that animal is slaughtered at a USDA inspected facility and other regulations are followed.Â
But it is perfectly legal for a farmer to sell you a live animal or a fraction of a live animal.
If I use some of my lawyerly linguistic shenanigans, and you agree to them, then everything is legal and above board.
Yes, the law, in all its forms, really is this stupid.
Don’t worry, I tried to keep it short, sweet, and straightforward. I’m not trying to hide the ball here, just trying to jump through the right hoops.
That law degree of mine is really paying off!
All Purchasers of a Swineherd monthly meat share membership in The Fellowship of the Family Farm agree to the following Terms of Service.
Sasquatch Wallows, LLC and its sole member Kevin Anderson (together “Sasquatch”) agree to sell Purchaser a live hog or fraction thereof (i.e. one-twelfth of a hog).
Purchaser designates Sasquatch as his or her special agent to arrange for the slaughter of the live hog at an Oregon licensed custom exempt or USDA licensed butcher. Said special agency shall extend to the transportation of Purchaser’s live hog to the butcher, pick-up of Purchaser’s cut and wrapped meat from the butcher, and delivery of the meat to Purchaser. If Purchaser buys a fraction of a hog, they further appoint Sasquatch as their special agent to divide and separate the cut and wrapped meat for distribution to each fractional purchaser of the hog. Shipping and packaging costs shall be born by the Purchaser.
Purchaser acknowledges that their hog will likely be processed at an Oregon licensed custom exempt butcher (not at a USDA facility) and therefore their meat will be labeled as “NOT FOR SALE”.
Sasquatch shall hold a portion of Purchaser’s payment in constructive trust for the payment of slaughter and butcher fees (“Butcher Fees”). Purchaser shall have no right to see or audit Sasquatch’s records.
Purchaser grants Sasquatch a Limited Power of Attorney for the sole purpose of paying for Purchaser’s Butcher Fees. For the convenience of Sasquatch, these transactions may be completed in the name of Sasquatch Wallows, LLC or is sole member, Kevin Anderson, on behalf of Purchaser. As such, the butcher may label the hog as owned by Sasquatch Wallows or Kevin Anderson even though the hog or fraction there of was sold to Purchaser live prior to slaughter.
Sasquatch shall not be liable for any damages arising from Purchaser’s failure to cook their meat to a safe temperature as designated by the USDA.
Sasquatch guarantees that he will strive to do what is right, in accordance with his Swineherd Philosophy, to ensure your satisfaction.
Any claim or dispute arising from or related to this agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to jury and their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
Damages incurred by either party shall be limited to the purchase price of the hog or fraction thereof.
These Terms of Service may be amended at anytime by Sasquatch.