Unlicensed/unregulated processors

I think we all agree that people who sell without the proper licenses and registration, or who don't follow regulations and proper safety procedures are a nuisance. But what happens when one is in your area, marketing to the same places and actually selling it?
 
It's a weird situation, but I think I'm seeing it happen. I know the drill well enough to spot some glaring red flags: the label is obviously non compliant, I can't find the business registered with the FDA or the state, there's no lot code on the bottle and no google searches turn up any company LLC information or anything of that nature.
 
I know hot sauce producers are a relatively tight-knit group, but this kind of thing really bothers me when we've gone to the trouble and jumped through all the hoops to do it the right way. 
 
Thoughts?
 
Lucky Dog Hot Sauce said:
1000% positive and I'm in California (as was this maker) where the state is omnipresent and menacing.

And his story didn't make sense either. I paraphrased for brevity but his excuse was all over the place and a week later when I was at my health dept I asked about a few of the details (without mentioning his company) and was told they'd never clear a product under those circumstances.

I didn't turn him in, but I am positive they weren't legit. And I know of at least 1 store that carries the sauce. I bite my tongue and move on. Karma has a way of catching up - as SL said, state inspectors are aware of where things are sold and sometimes go look.

All it takes is one massive fine and this company will learn how affordable compliance would have been.

As I understand it the fines can be quite substantial.
 
 
Hah sorry Lucky this post wasn't directed at you :) I just want to make sure MP is sure before they do anything. 
 
MP could he be DBA? Could it be a mistake on his part because of the label? I'd ask some questions and then go from there. Accusing someone can start a big issue for no reason. 
 
When I talked to my contact at the FDA, she told me that exemptions only applied if your sauce could be refrigerated during storage, transportation and sale -- which is pretty prohibitive for a hot sauce. Maybe not for salsa (like the kind you see in the refrigerator section of your local grocer). The other exemption is if your product is acidic -- I am guessing this stuff is acidified, based on the ingredient list. 
 
In Minnesota it's a little easier -- you get licensed to be wholesale and/or retail at the same time by a state inspector from the department of agriculture. But the inspectors have a ton of rules -- all the usual rules for processing, lot codes on the bottle, plus stuff like logs for cleaning, sanitation, and ph meter/thermometer calibration, and a legitimate recall plan. It's a lot, but pretty typical compared to what I've seen others talk about.
 
PS: Salsa, we are Hellraising Hot Sauce -- I am sure there is a Hellfire Hot Sauce too though! I am changing the avatar to our company logo today, so goodbye to Pinhead, the original Hellraiser!
 
have a friend ask questions on his facebook page or send him a message direct with a "just trying too help you stay legal" tone and not a personal or threatening message.  No reason to make it personal or have him pissed at you, you worked too hard to have someone mad and talking bad about you or your product because they felt backed into a corner.    If he responds like someone wearing their ass for a hat then point the lnspector his way.
 
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