legal Looking for Legal Advice

This is my first year running a big operation and I plan on selling my hots & superhots from our farmstand on a friends property and at our local farmer's markets. I was wondering:
  1. Should I have my customers sign some sort of disclaimer for my protection when buying the Superhots / Where can I obtain such a disclaimer?
  2. I plan on selling my salsa varieties online - what do I need to know concerning the FDA and online food sales?
 
It's up to you how you protect yourself. One thing you should do is form an LLC or S-Corp, so in the event you are sued, your personal assets are not touched, only those associated with the business.

Also, food liability insurance would be a very good thing.
 
After posting a similar question of my own along the same vein, I think the concensus was that an LLC would definitely be a good idea, as it protects anything belonging to you, the individual, from any sort of lawsuit, should you find yourself on the receiving end of said suit. I checked on LegalZoom, and it seems both straightforward, and much cheaper than doing so through a living, breathing lawyer. Plus, they let you spread out the payments over several months, if is good for those like me, who are still on a shoestring with this heated adventure

I'm also going to insist on a waiver for anyone who wants to try my peppers on-site at the Farmers Market I'm looking into selling at, as well as a sign saying nobody under 18 can buy my stuff, even with a parent present/consenting.
 
LLC can be done yourself, LegalZoom changes a fee for filing.

True, but at the same time, the convenience of it is definitely a plus in my column, and I'd rather pay the $100 fee than do it all myself, only to realize I screwed something trivial up, which may well haunt me in the end.
 
If you do have them sign a disclaimer, just word it something like:

"I, ____________, understand that the peppers I am purchasing, under ideal conditions have tested at (insert the SHU of the peppers you're going to make them sign a waiver for, or just put the range) SHU's and could be potentially dangerous for individuals with heart conditions. Furthermore, I understand that they contain the compound capsaicin, which can cause severe irritation of the eyes or any other open area it comes into contact with and extreme caution should be used when handling these peppers. I have been made aware of the risk and fully absolve (insert your name or your company's name), their agents and employees of any liability arising from handling or consumption.

________________"
 
You need a lawyer for any waivers or contracts. Don't take Internet advice (no offense).

Remember, a waiver doesn't meant they can't sue, anyone can sue for anything, and if there is negligence or disregard for safety a waiver means absolutely nothing! Could they prove that? If their lawyer is better sure.
 
If you do have them sign a disclaimer, just word it something like:

"I, ____________, understand that the peppers I am purchasing, under ideal conditions have tested at (insert the SHU of the peppers you're going to make them sign a waiver for, or just put the range) SHU's and could be potentially dangerous for individuals with heart conditions. Furthermore, I understand that they contain the compound capsaicin, which can cause severe irritation of the eyes or any other open area it comes into contact with and extreme caution should be used when handling these peppers. I have been made aware of the risk and fully absolve (insert your name or your company's name), their agents and employees of any liability arising from handling or consumption.

________________"

That's a good disclaimer. Me likey :) Mine's somewhat more humorous, but still gets the serious points across...

"i (STATE YOUR NAME) CERTIFY:
  • that I will hold The Sadistic Pepper Co. harmless from any event occurring to my property or to my person that should occur during or after the consumption and any preparation therein, including, but not limited to, convulsions, burning of the eyes skin & mucosal membranes, allergic reactions, heart palpitations, the incessant cursing of my digestive tract, pulmonary & cardiac systems, for the remainder of their existence (what little time they have left anyway), flatulence that results in my house being rendered a hazardous waste site, etc. etc.
  • I am at least 18 years old and/or an emancipated minor in the eyes of the State of Florida (and can produce proof of such on demand), and therefore am legally permitted to sign this form
  • I am an idiot for even attempting to eat peppers this hot.
Signed
(_____________)"

I dunno, maybe I'll tweak it a little ::shrug::
 
You need a lawyer for any waivers or contracts. Don't take Internet advice (no offense).

Remember, a waiver doesn't meant they can't sue, anyone can sue for anything, and if there is negligence or disregard for safety a waiver means absolutely nothing! Could they prove that? If their lawyer is better sure.

Exactly! Consult with a lawyer about any state or local liability laws and if a waiver would be sufficient. And get insurance...even if you're in the right, defending a lawsuit can get expensive quickly, and you really want to cover yourself in case someone manages to do something not covered by the waiver (and a good lawyer will help minimize those chances by using the right legally binding terminology). If you're selling food, you'll also need a lawyer to help navigate health codes, and an accountant to make sure you're covered on tax liabilities.
 
I agree with almost everything said here. If you are going into business, form an LLC to protect your personal assets. Not only that, but keep your LLC separate from your personal business. You may not need Legalzoom or a lawyer to form. Check your Secretary of States website. They should have forms. If you can answer the questions on the form, go for it. If not, run it by a local business lawyer.

On selling at markets, check with your dept. of ag first. They should be able to steer you in the right direction for what you want to do. And get insurance!

And forget about the waivers. Just make sure they know what they are buying.
 
just my personal opinion here-

grow some plants, sell them at the market. The market will let you know if you need any local business permits. That's what they do, help people get started. Don't worry about waivers, but have a "heat chart" clearly visible, and include some easily identifiable things like Tabasco so people know where bhuts are in relationship to jalapenos and Tabasco. Label the plants as "very hot" and "extremely hot".

You should be able to sell plants at a FM without all the legal stuff. If you'd feel better, go ahead and get a business license, ($25 in our state) form an LLC if you want ($160 in our state) get insurance (prolly $200???). But I really don't think it's necessary to sell plant starts at a FM. Once again, just my opinion~

Lawyers don't know SQUAT about health codes. Do not retain the services of a lawyer to navigate health codes. When you get to the point of starting to make sauces, contact your local health district. They will direct you to what you need for licensing. Depending on where you will be selling, you may need a local and a state license. Talk to your local health district people.


Personally, I think you can sell plants at the FM without worrying about permits etc, but your local FM will let you know what you need. Once you try to get into the sauce-making aspect....that's a whole other ball-of-wax. Improperly made food products are a serious health risk. From your comments, I gather you do not have any food service experience. I'd strongly urge you to work with someone experienced in food processing...whether it be a local restaurant person who knows about safe food practices...or a co-packer....please do not make and sell sauces if you don't know what you're doing.


Take things one step at a time. Get the plants growing first, then worry about what to do with them.

Good Luck! It can be a fun journey.
Ann

edit- just re-read some other posts. In Washington State, LLC's and corporations must be registered with the state and licensed through the state. Monthly/quarterly/yearly sales taxes must be reported and paid. I don't know if an on-line LegalZoom thing would even be recognized as a legal entity by the state of Washington. This will really muddy the waters, but our business is an LLC as far as the state of WA is concerned but it is a sole proprietorship as far as the IRS is concerned.

For accounting, you can retain the services of an accountant, or educate yourself and do it yourself. Until you get to be a HUGE business, 99% of small businesses do their own books, file their own taxes, pay their won bills. It's not THAT hard, and for hobby businesses, it doesn't take that much time.


There's a great resource in the SBA (Small Business Administration)'s SCORE program. They have programs everywhere. THere are mentoring programs, and just general business help available just for the asking. Look for small business development groups in your area. Sometimes SCORE is listed in the phone book. They will meet with you in person and help you get the business side of your business in order.


good luck!
 
No offense, Ann, but I'm a lawyer who knows my health codes. I know that we are few and far between, so your advice is pretty much right on, but you can't paint us all with the same, broad brush. :-)

just my personal opinion here-

Lawyers don't know SQUAT about health codes. Do not retain the services of a lawyer to navigate health codes.
 
Let me start by saying I don't know if a waiver is necessary or not.

I do know that when I was working with teenagers a half decade or so ago, I had to sit through a three hour class with a lawyer talking about the ins and outs of liability law, as it pertains to guardian adlitems in the state of florida...

She said there are three key things to make parents agree to in relation to taking their children on a trip.

Firstly that they "forever hold harmless" you, your spouse, your business, your friends, you and your spouses estate, the estates of your children, your associates, known and unknown....

Secondly she said that if something ever happened and you apologized, you were admitting to negligence, possibly even up to or including willful and wanton negligence. She said once that happens, you are screwed beyond hope.

Thirdly that they accept any liability (financial, or otherwise) for anything that might happen to their child while in your guardianship. IE if they break a leg, the parents will be bound to pay it, not you or your group.

I think if you incorporated those three aspects - forever holding harmless, getting them to admit that they are willfully and wantonly being negligent with their health, and that they accept any and all forms of liability that might come as a result, that you might be reasonably covered.

Also I've had to sign waivers saying that I know super hots are not fit for human consumption, and consuming them is at my own risk....

I'm no lawyer... I don't know law. I just know that the lawyer lady scared the fire out of me, and made me not want to chaperone anything. ever.

ALSO apparently its against the law in the state of FLorida to offer legal advice if you are not a lawyer... So don't take this post as such... Talk to an actual attorney about law, and to the health people about health stuff....

I'm just a pepper farmer :)
 
Midwest, I apologize! You are few and far between.

If you don't mind answering, does your knowledge of health codes come from your interest in chiles and sauces or did you (I don't know how to word this properly, so I'll trust you to understand) did you specifically study food business law?





edit-
We had reason recently to retain the services of a lawyer regarding an issue with our state's Labor and Industry Division. You can imagine how many lawyers "specialize" in Labor and Industry issues, but I had to go through about 20 lawyers to find one who would look at the issue from our side as the employer. And that was with something as common as Labor and Industries! I couldn't imagine any lawyer in our area, state, or who I talked to...even having a CLUE about food processing, let alone a health code or where to get a permit, or what permit to get...

I do apologize to Midwestchilehead.
 
No worries, Ann. I know that knowledge of food law is a very rare specialty ;)

I came by my knowledge in a few different ways. I did not get any of it in law school. I don't even recall a class in food service law or food processing law.

I am a city prosecutor, and both cities that I work for had code inspectors that did restaraunt inspections, so I became familar with the Kansas food code that way. In high school and early college, I was an assistant manager at a Ken's Pizza and picked up a little knowledge there. And I've cooked a few bbq competitions, so I became familar with the food safety rules they expected us to follow. But I gained more knowledge right here on THP when I decided to branch out into hot sauce sales. There are a couple great threads on here in the starting a business topics on the applicable rules. See this thread, for example. Of course, those discussions are not generally state-specific and are really just a starting point for your research. But they whet my whistle and got me interested in tracking down some answers.

The key to finding a good lawyer on any specific topic is to find one that knows his or her limitations. :D That species is pretty rare too . . .


Midwest, I apologize! You are few and far between.

If you don't mind answering, does your knowledge of health codes come from your interest in chiles and sauces or did you (I don't know how to word this properly, so I'll trust you to understand) did you specifically study food business law?
 
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