What questions should be asked at the HD??

I hate to oversimplify things but what we asked was, "What do you require for us to be legal". We were given regulations documentation, pamphlets, etc. The HD person then asked us how we intended to run our business. :shock: Oh, you mean do we have a business plan? No. HD guy said, "That would be the best thing you could give/tell me so I can guide you through the process of getting set up correctly for the type of business you intend to operate."

We went back and drew up a BP and took it to him a week later. He then proceeded to shower us with advice/suggestions/guidance as to what we needed to do to meet all the requirements of the HD. Once this exchange began we started realizing what specific questions we needed to ask him.

It's kind of like you going to a contractor and asking them how they should build you a house without supplying any building plans. :mrgreen:

If you are truthful and genuine with the HD person then 9/10 times they will work with you. There are a few exceptions but most of them truly want your business to succeed and will help any way they can.

georgiasmoke said:

Just got back from the HD. According to the health inspector for the city I live in, if everything is prepared out of my house, there is no regulations. I unfortunately don't have a commercial kitchen, but I am going to get my food handlers permit so people feel more comfortable with me knowing how to handle food.

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So you are saying the HD stated that you CAN cook out of your home kitchen??? That is interesting. Here in KS a home kitchen is not legal. You must operate out of a licensed commercial kitchen. The regs here specifically state no "potentially hazardous" foods for sale to the public can be prepared in a home kitchen. You can have a kitchen attached to your house but it must be certified and have a completely different entrance and cannot have direct access to/from any of the living area of your home.

Perhaps the HD is referring to a "home based food business"? If so this is strictly limited to specific types of food. Refer to this LINK for specifics. It deals strictly with specific non-potentially hazardous food. BBQ is in the potentially hazardous food category.

I would also read through the Food section documents at this LINK .

I would suggest you check back with them for clarification and if they still say the same thing I would ask for it in writing and have it notarized. I am definitely not an expert of Texas food laws but the HD statement sounds questionable to me.

From a risk management and asset protection standpoint I would do some more research before sinking any capital into the biz based on what you have been told so far.

There is a grey line between "catering" & selling to the public. I am really surprised the HD person would actually tell you that. The first question I asked is "what do I need". Trust me, they are more than happy to tell you. Cooking out of your house is risky at best, be careful.

Yeah, how exactly did you describe it? I don't see Denton being that different from Ft. Worth. There aren't rules about cooking for your friends, but as soon as money changes hands there are rules to follow.

Here is KS "Catering" is "selling to the public". There is no differentiation regarding the Health Dept codes and regs. As DaveAlvarado states "when money/payment for services" is involved you are considered a business in the eyes of the regulating entities. We are not trying to discourage you but what she told you just does not sound correct. It all depends on the amount of risk you wish to take. Are you prepared to potentially lose all of your personal assets?

If you want to verify what the "local" HD person told is correct you could contact the person below. He deals with the retail food sales regs in the Denton TX area.

Public Sanitation & Retail Foods:
512-834-6788
Jason Guzman