Fda Licensing Complaint

Business By EverlastingSweets Updated 3 May 2008 , 2:33am by EverlastingSweets

EverlastingSweets Posted 1 May 2008 , 12:50pm
post #1 of 20

Hi all,
I sell my sugar art through the internet. I am based out of a licensed state approved kitchen. I had a lady contact me yesterday wanting my FDA licensing information telling me it was illegal to sell items without it, if I was selling items outside of TX.
She said she would not buy from me until I provided that, and my thinking was, "well just go buy from someone else!" I told her there were other sellers and she doesn't have to buy from me!
Now she is threatening to report me to FDA for illegal goods! Does anyone know anything about this?

19 replies
michellenj Posted 1 May 2008 , 1:01pm
post #2 of 20

Have you checked the FDA's web site? I wouldn't worry about it too much, but maybe she's done you a favor if you do need it.

EverlastingSweets Posted 1 May 2008 , 3:10pm
post #3 of 20

I did, but it's all so confusing. I did alter my website to show delivery only in Texas, until I can find out more.

indydebi Posted 1 May 2008 , 10:29pm
post #4 of 20

I agree she may be doing you a favor by letting you know ... but her attitude makes me think she may be a competitor trying to give you a hard time.

EverlastingSweets Posted 1 May 2008 , 10:54pm
post #5 of 20

hey indy!
You know, it may be a mixed blessing, but it wasn't like her saying "are you licensed? are you approved? etc" it was "I want to order from you, but I can't unless you give me your FDA licensing information" well then, go find someone else to order from!
I told her if I did need that to ship outside TX, then I guess I couldn't sell to her since she's not in TX!!
So she wanted me to add that to my website, that I would only ship in TX!! or she was going to report me.

jennifer7777 Posted 1 May 2008 , 11:07pm
post #6 of 20

That lady sounds crazy! Who do you know that asks all of this when ordering stuff?!? icon_confused.gif Yes, this now alerts you to find out if any action needs to take place on your part, but it still seems fishy to me.

alicegop Posted 1 May 2008 , 11:12pm
post #7 of 20

Let her report you, how big can the fine be? If she REALLY will report you (unlikely) then you'll be able to ask whoever calls you what you need to do to be compliant..........

elvis Posted 1 May 2008 , 11:19pm
post #8 of 20

Sounds like a competitor pretending to be a customer to me too. If not, she has waaay too much time on her hands.

Sweettooth1120 Posted 1 May 2008 , 11:24pm
post #9 of 20

Who asks for that? I order stuff from websites all the time and have never even thought to ask about that. Sounds like someone that is trying to muck the waters, possibly a competitor. I could go onto the FDA website and use the Contact us and see if you can get some answers.

all4cake Posted 1 May 2008 , 11:29pm
post #10 of 20

It is true that you aren't allowed to sell edible food products outside of the state in which you are licensed and to sell outside of the state you need further licensing.

Tallent sausage(best damned sausage in the WORLD) is no longer allowed to sell outside of the state(...yeah, we've even tried bribing them!) because his fda license wasn't renewed for whatever reason. Just an example that remains embedded in my brain.

However, if you are only making decorations, you can include a label for your product and your website that states

For decoration only
Do not eat

Bakerycrafts.com sells these labels for gumpaste.

A lot of the flowers that are ordered on the internet include this with their packaging.

But definitely check with your state licensing agency.

all4cake Posted 1 May 2008 , 11:41pm
post #11 of 20


it may have been some other license that wasn't renewed why they can no longer sell outside the state. Could've been FDA could've been called something else. I haven't tried to bribe them lately.

EverlastingSweets Posted 2 May 2008 , 1:22am
post #13 of 20

thank you friends for the responses. I do think it's a competitor though, I mean, ya'll should see the long drawn out email she sent me and it has all the FDA guidelines in it and how it needed to be licensed under my DBA, not the kitchen that I'm renting from, etc etc. And she even looked up my county and told me the practices for Harris county and how to contact my state health department for more info.
I work out of the kitchen at night and on weekends, but my products are all there and the baker sells them during the day.
Part of me thinks it could be a health inspector?

All4, I'm sorry you lost your sausage...fight the fight!!! icon_lol.gif

all4cake Posted 2 May 2008 , 6:48am
post #14 of 20

LOL....I didn't lose my sausage. I know where to get it. It's just now we take a bigarse cooler and get as much as we can pack in there with ice. We'll be making another stop to ol' Riverside, TX again this year after the OSSAS.

I ain't kiddin' ya'll! It is that good!

Momkiksbutt Posted 2 May 2008 , 7:17am
post #15 of 20

Geesh, I think if that were a requirement, ebay would have gone out of business a long time ago! Not to mention alot of other web-based edible businesses!!

Don't listen to her, I agree with the other posters, she sounds like someone with way too much time on her hands with a competitor's axe to grind.

You go ahead girl and do your thang!! thumbs_up.gif

SweetConfectionsChef Posted 2 May 2008 , 11:54am
post #16 of 20

I ship my candy, especially the Texas Brittle, all of the country during the holiday's. My health inspector asks me about shipping now and again but has NEVER said I needed another permit for it. icon_confused.gif That chick sounds like she has nothing better to do than pick on you! icon_mad.gif Anyone from the HD would identify themselves.

EverlastingSweets Posted 2 May 2008 , 3:44pm
post #17 of 20

hey friend!!!!

I guess as soon as I can get ahold of FDA, I can find out. I sure do feel picked on though.
Right now, it may be a mixed blessing.

mkolmar Posted 2 May 2008 , 3:49pm
post #18 of 20

OOHHH this ticks me off. I'm sorry this is happening to you. Your getting picked on because this person is threatened by you being the competition.

Auryn Posted 2 May 2008 , 5:53pm
post #19 of 20

some people just have nothing better to do in their miserably lives than to annoy others

EverlastingSweets Posted 3 May 2008 , 2:33am
post #20 of 20

you know, she even emailed me back and told me that I was licensed with FDA to let her know, so she can place an order!!!!!

I just don't know what more to say......

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