• If you can't find a "Hot" category that fits, post it here!

Baker's Peppers and "The Reaper"

Status
Not open for further replies.
Serious question and not trying to start drama.
 
I have read that on some of Baker's products that it says "not intended for human consumption". I was just looking at one of Baker's ads and it does appear to say that on the lower right corner of the label.
Is that really what it says?
If so then why does it say that?
 
bakerspeppers_zpsbadcc9e8.jpg
 
I would assume it deals with the drying process. I believe drying counts as preparing foods and you need food permit to sell "prepared foods"
So labeled it as not food and no liability needed
 
It does not say that when you order them on the website. I'd hate to see that after I ordered some, seeing as they are marketed as food on the website. Nobody's buying reapers cut in half for ristras. Bait and switch, if it still says that on packages. Dale, can you inform the members?

Dale it does't say this in your ad either. If these are not to be consumed by humans please state so. Why trick members?

http://thehotpepper.com/classifieds/item/378-the-reaper-on-sale-now/
 
selling milk at farmer's markets labeled "for animal consumption" is a common way of getting around the USDA as well.
 
Interesting......why not just relinguish a disclaimer on the site (use at own risk) with pre-caution info ?
 
What does this mean then? I thought he had all of his stamps, inspections and certifications?
Why would you need all of those certifications, just to be a nursery grower where most products from a nursery are landscape products?
Orchards grow food, so do Farms. Nurseries grow plants. http://en.wikipedia.org/wiki/Plant_nursery


"Get YOUR pepper products from a Registered/Inspected/Certified Grower in the State of Florida!! Why risk it?? Here in Florida, in order to be IN BUSINESS as a Nursery/Grower, you MUST be Registered & Inspected by the State. This is NOT optional, its the LAW...! "
 
Scoville DeVille said:
"Get YOUR pepper products from a Registered/Inspected/Certified Grower in the State of Florida!! Why risk it?? Here in Florida, in order to be IN BUSINESS as a Nursery/Grower, you MUST be Registered & Inspected by the State. This is NOT optional, its the LAW...! "
 
 
 
It is an interesting statement to put on your packages from a company who goes out of their way to point out regulations and laws. I mean, if you don't have the required license to sell processed stuff and brag on your site about how important they are, why do it? why risk it?
 
I don't buy the release from liability crap. As boss man pointed out, no one would buy deseeded and halved peppers for anything other than eating them. Any lawyer worth a darn will have no issues with the little disclaimer, regardless of what it says. The intent is clearly there.
 
Jeff H said:
 
It is an interesting statement to put on your packages from a company who goes out of their way to point out regulations and laws. I mean, if you don't have the required license to sell processed stuff and brag on your site about how important they are, why do it? why risk it?
 
I don't buy the release from liability crap. As boss man pointed out, no one would buy deseeded and halved peppers for anything other than eating them. Any lawyer worth a darn will have no issues with the little disclaimer, regardless of what it says. The intent is clearly there.

you ever hear of the woman that sued McDonalds for selling her hot coffee? She won.......Buy that crap.....you are in America, the lawyers are hungry and the court system can be stupid.....mention that to the 'Boss'.



I guess we need a PSA about products sold for food, but not labeled as such.
 
armac said:
you ever hear of the woman that sued McDonalds for selling her hot coffee? She won.......Buy that crap.....you are in America, the lawyers are hungry and the court system can be stupid.....mention that to the 'Boss'.

I guess we need a PSA about products sold for food, but not labeled as such.
 
It`s a very valid point. Litigation in the USA is out of control, but we know that it is and must act accordingly. Although we had a Troll talking about taking someone to court who sold him a product that make him ill recently, that point is also a valid one. If someone wants "The World`s Hottest" and buys some Reapers from anyone here at THP, but hasn`t a clue how to handle them, eating one would undoubtedly make that person sick. What if that person had young kids and got the capsaicin oil in their kids eyes? A frantic trip to the emergency room would certainly ensue. The insurance company would then be looking to recoup costs by taking the supplier of the Reapers to court. 
 
I use Reaper here because of the news from Guiness World Records, but in actuality it could be any superhot pepper. 
 
It must be because it is processed in a facility not inspected and certified as a commercial kitchen. The same note appears on dog treats even if they are all-natural (like just a dehydrated sweet potato nothing else) because they can be made anywhere. No regulations.
 
I definitely don't see it as a way to get around the law, especially since it does not say that at any point of the checkout process. That's called bait and switch. Buy reapers with full confidence. Get some product you're supposed to use for... decoration? Or feel cheated because you know he knows it's for eating but he is saying get sick, not on me. NOT GOOD DALE! RESPECT the members here.
 
Nigel said:
Although we had a Troll talking about taking someone to court who sold him a product that make him ill recently, that point is also a valid one.
 
The troll is a different story. That guy is a whackjob. He may find one valid point but instead of discussing like we do, he signs up accounts, pretends to be a customer, and makes up stories a page long. There's a history behind that guy. Like I said, there's a certain way to discuss things. Why troll and take validity away from your own argument? He believes if he says it happened to him his point is stronger but he ends up sounding like a loon.
 
It's an interesting discussion.

Really, just for "CYA" anyone selling any product represented as food (and make no mistake - marketing/promoting a pepper as "hot" or "the hottest" alone is a clear implication that it's intended to be eaten) should have, at minumum, 1M product liability insurance, and recommended they carry 2 Million, especially for something with handling concerns like superhot peppers.

A disclaimer does not excuse producers from general safe food manufacturing practices (e.g. Registered the product, packaged in a certified kitchen, food grade equipment with stainless finish, hairnet, gloves, lot IDs, recall procedures, whatever else that state requires). Depending on the state, many of these are required by law.
 
There is a new law that allows people who want to start a business to produce foods for human consumption in their own kitchen. So far 30 states have enacted similar laws.
 
Basically, you pay a small fee ($100 or so) and then your kitchen has to be inspected.
 
http://agr.georgia.gov/cottage-foods.aspx
 
http://www.ncagr.gov/fooddrug/food/homebiz.htm
 
http://www.csmonitor.com/World/Making-a-difference/Change-Agent/2012/0928/New-California-law-kickstarts-home-based-food-businesses
 
The Cottage Food License allows Cottage Food Operators to produce non-potentially hazardous foods in their home kitchens for sale to the end consumer.  These foods include:
  • Loaf Breads, Rolls, and Biscuits;
  • Cakes;
  • Pastries and Cookies;
  • Candies and Confections;
  • Fruit Pies;
  • Jams, Jellies, and Preserves;
  • Dried Fruits;
  • Dry Herbs, Seasonings and Mixtures;
  • Cereals, Trail Mixes, and Granola;
  • Coated or Uncoated Nuts;
  • Vinegar and Flavored Vinegars; and
  • Popcorn, Popcorn Balls, and Cotton Candy.
 
Jeff H said:
It is an interesting statement to put on your packages from a company who goes out of their way to point out regulations and laws. I mean, if you don't have the required license to sell processed stuff and brag on your site about how important they are, why do it? why risk it?
 
Irony.
 
What if hobby saucemakers were doing that on here. Selling sauces they made in their kitchen as collectibles not to be opened. (Add to that you didn't see the disclaimer until you got it!) I think it's a very bad trend that could get out of hand, and vendors should act responsibly!
 
in virginia you have been able to sell temperature stable baked goods and non-acidified jams and jellies without an inspected kitchen for years. sales must occur either from the home or at a farmer's market.
 
that was expanded this year to include pickles, dried veg/herbs and a few other things.
 
outside of that any "processing" must occur in an inspected facility. what constitutes processing can be subject to interpretation and can also be reduced to the utterly ridiculous in the eyes of the law. for instance, i sell a variety of produce at farmer's markets to make my living. if i take a half pound of unwashed mesclun and put it in an open ziploc bag i have not processed it- if i either wash it or zip the bag closed i have at that point processed it.
 
the line between food safety laws which actually exist to protect consumers and those which exist at the behest of big food lobbyists to limit competition is a very indefinite thing.
 
We, also have to be licensed here, especially at the farmer's mkts. Any food items have to be tagged with ingredients.......that drives the seedy/grainy granola makers...nutz.

A package labeled "Dried Reapers" wouldn't cut it...nowadays.

Insurance/liability...is a must, especially with the intent to sell a food product.
Although my wife's not in litigation, I catch an occasional story from her firm. In court it all comes down to the settlement.... (pardon the pun) which team
"digs down deeper".

I just don't "buy" all this "not for human consuption"...stuff
 
under current regulations here you can legally sell a bag of dried peppers labeled as "dried carolina reaper peppers" as long as the label contains your address or phone number and the sale occurs either from the home or at a farmer's market. (labeling requirements are ingredients and contact info)
 
all the markets i sell at require you to carry a million in liability insurance as well but that is not a state regulation.
 
You guys are getting away from the topic. He does not sell at FM. He sells online. The package says not intended for human consumption. The website does not. So you order peppers to cook with and have to wonder what the hell the label means. What if they have shellac on them, and are for hobbies? No one knows! He just sells them as peppers, and ships them as non-food. Wow.
 
Dale?
 
Status
Not open for further replies.
Back
Top