Spoons?

Business By krysoco Updated 1 Apr 2009 , 3:16am by indydebi

krysoco Posted 30 Mar 2009 , 11:47pm
post #1 of 6

My aunt owns her own business that's really a catch-all type store. She's labeled it a flower shop. For Mother's day, she wants to chocolate dip some plastic spoons and sell them in arrangements and gift baskets. Can she legally do this? What are the risks? The company she previously has bought them from does not have a license for baking/cooking or food certificates. They said the choc. dip spoons carry no liability. A licensed baker carries liability b/c of eggs, milk, and other perishables. What's your opinion?

5 replies
__Jamie__ Posted 30 Mar 2009 , 11:58pm
post #2 of 6

I don't know the answer. But I do know that looking for opinions won't get you the legal and right answer either. It's a yes or no kind of thing. Not "majority rules".

That said, I don't know why it wouldn't have liability issues. You are taking a plastic spoon meant to go into someone's mouth (or coffee cup,whatever), exposing it to the environment, handling it, dipping into a food substance, drying it, handling it some more, packaging it, in FDA approved and regulated packaging.....

It is food. It has regulations. Where to find your answer...good luck. But "opinions" are not what you need. icon_smile.gif

krysoco Posted 31 Mar 2009 , 3:00pm
post #3 of 6
Quote:
Originally Posted by __Jamie__

I don't know the answer. But I do know that looking for opinions won't get you the legal and right answer either. It's a yes or no kind of thing. Not "majority rules".

It is food. It has regulations. Where to find your answer...good luck. But "opinions" are not what you need. icon_smile.gif




Thank you for responding. I asked for opinions b/c I wanted to hear what other CCers thought about this. I do not think it sounds right to me. I could have ask "if anyone has knowledge on this subject" but I don't knitpick words in my posts. Thank you anyway.

leah_s Posted 31 Mar 2009 , 5:53pm
post #4 of 6

I can only say that in my state, she would need a food service permit or possibly a catering license. Even with something simple, there is plenty of risk of cross-contamination.

cakelady15 Posted 31 Mar 2009 , 7:57pm
post #5 of 6

There are a lot of different answers to this question depending on where you live. Where I'm at it's ok, but some states are a lot more strict. If you tell us where the flower shop is located we could probably give you some more information.

indydebi Posted 1 Apr 2009 , 3:16am
post #6 of 6

In my state she would need a health dept license. My cake supply shop told me she was required to get a comm'l kitchen and HD license simply because she repackaged food items (buy chocolate disks in bulk and repackage them to 1 lb bags).

Check the local HD rules for your area, of course, but she is doing food prep for sale to the public. On the surface, I'd say she needs a HD license. If she buys them from a commercial kitchen, already packaged, and sells them retail, I think that is a different matter.

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