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!

  • Grow Vertically with Garden Trellises
  • Lighting with Beeswax Candles
  • How to Make Shrubs, or Drinking Vinegar
  • 5 Spring Salad Greens for your Garden
  • Making Syrup in Your Backyard
Creating a Homestead Business: Legalities & Liabilities (2024)

FAQs

Can a homestead be profitable? ›

Running a homesteading business takes hard work, dedication, and, most importantly, patience. It takes time to build up a customer base and start seeing a profit. Keep your eye on the prize, and don't give up – with perseverance, anything is possible!

How do you build a successful homestead? ›

On to the list!
  1. Create Your Vision. ...
  2. Pay Off Your Debt And Create (and use) A Budget. ...
  3. Assess Your Property. ...
  4. Start NOW. ...
  5. Learn To Preserve Food. ...
  6. Prepare For Animals Before Bringing Them On The Homestead. ...
  7. Be Prepared To Learn. ...
  8. Make The Most Of Free Resources.

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

Hobby farmers are different than homesteaders in that they do not have the same drive to be self-reliant. They are different than what we call farmers because they are not trying to make a living. They will often have very good off-farm jobs that fund their farming habit.

What are the disadvantages of homesteading? ›

Cons of Buying Homestead Property:
  • Limitations on Property Usage: Homestead laws often impose restrictions on the use and development of the property. ...
  • Reduced Mobility: Homestead property typically requires a certain level of commitment, as it may limit your ability to relocate or sell the property easily.

How do homesteaders make income? ›

Below are some of our favorite ways that you can make money homesteading.
  1. Grow Mushrooms. Growing mushrooms is obviously one of our favorite choices here at GroCycle. ...
  2. Sell Fresh Fish. ...
  3. Start a Christmas Tree Farm. ...
  4. Grow Microgreens. ...
  5. Sell Baked Goods. ...
  6. Raise Bees for Honey. ...
  7. Rent Bees Out for Pollination. ...
  8. Sell Extra Bees.

What is the best state to build a homestead? ›

10 Best States For Homesteading 2023
  • Oregon.
  • Maine. ...
  • Michigan. ...
  • Connecticut. ...
  • Montana. ...
  • Alaska. ...
  • Wyoming. ...
  • Arizona. A desert climate will be a challenge, but not an impossibility, for growing your own crops and farming the land. ...
Feb 9, 2024

What were three requirements of the Homestead Act? ›

The new law established a three-fold homestead acquisition process: file an application, improve the land, and file for deed of title. Any U.S. citizen, or intended citizen, who had never borne arms against the U.S. Government could file an application and lay claim to 160 acres of surveyed Government land.

How many acres do you need to start a homestead? ›

Normally when searching for homestead land for self-sufficiency, you're looking between 10 and 30 acres.

Does the IRS consider my farm a hobby? ›

In some years, the producer makes a profit and can show the amount. According to the IRS, a farmer needs to show a profit 3 out of 5 years, even if the profits are not large. Always showing a loss on your Schedule F, can alert the IRS that the operation may be a hobby and not a for-profit business.

Can you write off a hobby farm? ›

Hobby farmers can enjoy certain tax benefits, such as deducting ordinary and necessary expenses related to their farming activities. However, these deductions are limited to the extent of income generated by the hobby farm.

What is a mini farm called? ›

Hobby farms

A hobby farm (also called a lifestyle block, acreage living, or rural residential) is a smallholding or small farm that is maintained without expectation of being a primary source of income.

How to 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.

Is there still free land to homestead in the United States? ›

The Homestead Act was repealed in the 48 contiguous states in 1976 and in Alaska 10 years later. But you can still find towns offering free land to would-be residents who want to relocate on a shoestring budget and can meet homebuilding and other requirements.

What makes the most money on a homestead? ›

Sell Your Produce and Farm Products

One of the most obvious and traditional ways to make money on a homestead is by selling your produce and farm products. Whether you grow vegetables, fruits, nuts (how long do nuts last?), herbs, or raise livestock and poultry, there's likely a market for your goods.

Can you live off of a homestead? ›

Learn by doing and, as you get used to the activities that need to be done every day, you can expand and even make money out of your work. For example, you can grow plants or raise more animals and sell what you don't need. Creative homesteaders have multiple income streams to help pay the bills and live a good life.

Is 1 acre enough for a homestead? ›

The truth is you can be self-sustaining on a 1-acre property but it takes work, education, dedication, and time. So, if you have an oversized lot or small acreage and want to be as sustainable as possible, here are some ideas and suggestions on how to get started creating a self-sufficient homestead.

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