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Baker's Peppers and "The Reaper"

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Nigel said:
 
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.
 
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1. These laws (the 4-5 iterations I've seen) do not apply to shelf stable acidified foods (e.g. hot sauce). I realize this topic is about dried pods, but the new VA law that's been recently discussed on the Business forum at length and there's specific language (a list) there of what can and cannot be processed at home. Since hobby sauces were brought up it was worth mentioning. 
 
2. Your home kitchen would still require inspection, and all safe food handling and manufacturing processes/practices would still be applicable. Lot ID, recall procedure, product registration, etc. 
 
Cottage laws are great - but all they mean is that you don't need to rent/build a kitchen. Like disclaimers, they're not a substitute for food handling laws. 
 
I'll just leave this at, vendors shouldn't be so fast to accuse other vendors of not adhering to the law when they themselves are pulling fast ones. The Nursery Inspection and Florida Fresh lines of your ad mean absolutely NOTHING if this is NOT FOR HUMANS! Why doesn't it say THAT in there?
 
Dale, do the responsible thing. Sell the fresh only, and don't trick people with the dried. Get your kitchen authorized or have a facility do the drying.
 
I look out for vendors and consumers equally here, but gotta side with consumers when it's safety, and bait and switch, and your ad is devoid of an explanation. Microwavable bags though. One thinks food, right?
 
I read thru this thread and the whole time i am thinking "Damn  this is scaring off some great products!
 
In the past few years I have purchased alot of incredible food products from members here
 
and I sold alot of powders!! (glad I didnt get sued!)
 
I wouldnt dare do that now!
 
:high:
Kevin
 
"Not for human consumption" implies there is a reason humans should not consume it. There are instances where it means the product is dangerous, and not food, like a varnished pepper.
 
This issue here is... the wording is pushing liability onto the consumer. There may be some here that are selling from unauthorized kitchens (let's assume they are) but they are not selling as commercial products and shifting liability as a surprise. You don't see this wording at checkout. You see it on the label after you get it. Oh nice. I'm not supposed to eat this product I bought to eat from a commercial website, and if I do, all liability is on me. Not cool.
 
That's my 2c. Something should change. Don't like that at all.
 
If the text wasn't there it wouldn't even be an issue. He would be assuming liability whether his kitchen was authorized or not (but should be). But this text is just pushing (or trying to push, never know if it would hold up) liability onto the consumer because he doesn't want to do it right. Best of both worlds for Dale. None for the consumer.
 
Okay, I'm out.
 
Caveat emptor.

Scoville DeVille said:
Yeahthp. agreed. and all that on top of all the other drama of him claiming we should "only buy from Inspected, Certified, FDA, Florida Fresh yada yada yada"...

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Yup.
 
This is a perfect example why one shouldn't buy from dealers that seem to be dishonest. And the small print is dishonest. 
 
Browning said:
I have a bag of dried moruga from Dale I've been eating on.  Not sick yet lol
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I think you're missing the point of this thread. See below.
 
The Hot Pepper said:
"Not for human consumption" implies there is a reason humans should not consume it. There are instances where it means the product is dangerous, and not food, like a varnished pepper.
 
This issue here is... the wording is pushing liability onto the consumer. There may be some here that are selling from unauthorized kitchens (let's assume they are) but they are not selling as commercial products and shifting liability as a surprise. You don't see this wording at checkout. You see it on the label after you get it. Oh nice. I'm not supposed to eat this product I bought to eat from a commercial website, and if I do, all liability is on me. Not cool.
 
That's my 2c. Something should change. Don't like that at all.
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I thought Certified and all that was so it was safe to eat, so what's the worry about buying from a Certified grower if it's not safe to eat??
 
I believe what THP said about trying to push the liability onto the customer. But, I think that it has been clearly established on Baker's site and also on THP that they are indeed intended to be eaten. If it ever came down to a lawsuit or something I don't think that little disclaimer that is on the package would stand up in court. Especially since there is no mention of not being intended for human consumption anywhere else except for the packaging and that is only seen after the purchase.
With that being said, I believe that his product is safe to eat. I think that it is an attempt to avoid certain government regulations and personally I am cool with that. 
 
I have to apologize. I totally understand now. It's kinda like when you buy new shoes. They put a desiccant pack in the box. "Not for human consumption". What is being said is "Don't eat the package that peppers are in".
Makes perfect sense. 
 
Tinben said:
I have to apologize. I totally understand now. It's kinda like when you buy new shoes. They put a desiccant pack in the box. "Not for human consumption". What is being said is "Don't eat the package that peppers are in".
Makes perfect sense. 
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Ahhh     :idea:
 
Its actually quite simple, if you have issues with a seller's practices, ask for a refund and never buy there again or never buy there
in the first place. If a sauce or pickled peppers are listed up front as "a collectable only" or not for human consumption you should know
what you are buying and proceed with prudence, I have several of those in my modest collection, the seal has never been broken on any of them!
 
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