How to Legally Sell BBQ From Home?

Don't sell food, sell napkins or toothpicks for $8 apiece. With every napkin or toothpick you throw in a free pulled pork or brisket sandwich. :wacko:

What do you do when someone gets sick from something you made?

I definitely understand the need for some guidelines and standards to keep people from getting sick, but I wish there was some middle ground somewhere between "not cooking to sell at all" and "requiring full blown health dept certified kitchen". I'd love to try doing a fair or festival once in a while but to comply with regulations you almost have to do it full time to justify the cost/hassle.

The popup venders would undercut the Restaurants because they wouldn't need anything commercial or any rules the way you would like it.


We considered a food truck but after looking into the legal requirements in our state, it was not worth it for us

Where is here?
 
The popup venders would undercut the Restaurants because they wouldn't need anything commercial or any rules the way you would like it.

It's not the governments job to protect one type of business from another via legislation and bureaucratic red tape.

Comparing a brick and mortar restaurant to a fair or "popup vendor" as you say is kind of apples and oranges. I imagine much of what is required of restaurants by the health department/.gov is overkill and unnecessary as well.

I never said there shouldnt be any rules, I actually said exactly the opposite.
 
It's not the governments job to protect one type of business from another via legislation and bureaucratic red tape.

Comparing a brick and mortar restaurant to a fair or "popup vendor" as you say is kind of apples and oranges. I imagine much of what is required of restaurants by the health department/.gov is overkill and unnecessary as well.

I never said there shouldnt be any rules, I actually said exactly the opposite.

I believe the object of the regulations, are not to protect one business from another, but to protect everyone from having too much money. I mean to protect peoples health.
 
It's not the governments job to protect one type of business from another via legislation and bureaucratic red tape.

Comparing a brick and mortar restaurant to a fair or "popup vendor" as you say is kind of apples and oranges. I imagine much of what is required of restaurants by the health department/.gov is overkill and unnecessary as well.

I never said there shouldnt be any rules, I actually said exactly the opposite.

exactly

reminds me of how taxi companies and hotels are fighting uber and air b&b in the name of regulation for safety but really they fear losing market share
 
It's not the governments job to protect one type of business from another via legislation and bureaucratic red tape.

Comparing a brick and mortar restaurant to a fair or "popup vendor" as you say is kind of apples and oranges. I imagine much of what is required of restaurants by the health department/.gov is overkill and unnecessary as well.

I never said there shouldnt be any rules, I actually said exactly the opposite.

exactly

reminds me of how taxi companies and hotels are fighting uber and air b&b in the name of regulation for safety but really they fear losing market share

So with that logic I should be able to setup a UDS or old oil tank made into a smoker and sell pulled pork on the road in front of any BBQ restaurant or a frying pan cooking burgers in front of a Burger King and sell all the food cheaper because I shouldn't need a state license or any commercial equipment or the required sinks or even any food safety training?
 
It sort of sux: you have a smoker, everybody seems to love your stuff- you have some marketable product BUT to do it legally is a complete PITA. Dreams dashed to the pavement and stomped on. Oh well- back to your regular job. Ain't bureaucracy grand?

(in complete fairness, I do believe some rules need to be in place. I refuse to eat some food brought to company pot lucks out of fear for my well-being. "chicken a la Greg?"- oh hell to the no. I know Greg- and about his 2 day old tuna sandwich kept in his desk drawer until he could get to it- no way)
 
I definitely understand the need for some guidelines and standards to keep people from getting sick, but I wish there was some middle ground somewhere between "not cooking to sell at all" and "requiring full blown health dept certified kitchen". I'd love to try doing a fair or festival once in a while but to comply with regulations you almost have to do it full time to justify the cost/hassle.

This was the hardest part for me in terms of getting up and running. I would have loved to have had a test run, get my food out there to maybe 100 people or so, and see the reaction. But there's no real testing ground outside of friends / family, and of course they are all biased. So you've got to throw everything you have at it and just hope you were correct with all your guesswork and recipes.
 
It sort of sux: you have a smoker, everybody seems to love your stuff- you have some marketable product BUT to do it legally is a complete PITA. Dreams dashed to the pavement and stomped on. Oh well- back to your regular job. Ain't bureaucracy grand?

(in complete fairness, I do believe some rules need to be in place. I refuse to eat some food brought to company pot lucks out of fear for my well-being. "chicken a la Greg?"- oh hell to the no. I know Greg- and about his 2 day old tuna sandwich kept in his desk drawer until he could get to it- no way)

The sad truth is everybody complains about fast food and processed foods, but unless you have $$$ to start, you most likely won't get your foot in the door. I don't see there being many "i came to this country with 10 cents and opened -insert restaurant name here- and now it's huge success"

Too much red tape nowadays. No where near as easy as it was 20-30 years ago if all you had was the ability to make great food.
 
So with that logic I should be able to setup a UDS or old oil tank made into a smoker and sell pulled pork on the road in front of any BBQ restaurant or a frying pan cooking burgers in front of a Burger King and sell all the food cheaper because I shouldn't need a state license or any commercial equipment or the required sinks or even any food safety training?

well the libertarian in me says people are free to do what they want. as long as I know the deal I consume at my own peril. of coarse that is a bit idealistic. the problem is the laws are not always just about safety. lobbies get laws passed to hinder new or small businesses from competing with established ones. if the cost of entry is prohibitive new competition can never arise.

it's all pollitricks
 
Jonathan,

I spoke to a vendor in Grand Rapids, MN this summer about licensing in MN. He was making and selling ribs from a custom built trailer. For what it's worth, he told me that MN will only permit food cooked on the trailer, and only authorized a couple of different NSF gas (and maybe electric) cookers. No offsets and nothing separate from the trailer. Very disappointing to me.
 
So with that logic I should be able to setup a UDS or old oil tank made into a smoker and sell pulled pork on the road in front of any BBQ restaurant or a frying pan cooking burgers in front of a Burger King and sell all the food cheaper because I shouldn't need a state license or any commercial equipment or the required sinks or even any food safety training?

You sure are making a lot of assumptions here. Guessing the topic hits close to home for you, sure do seem emotionally invested.
 
FWIW, people all over Instagram are selling barbecue to the public by taking orders through DM...Burt Bakman (Trudy’s) was one of the biggest participants of this practice. It’s referred to as an “underground barbecue” operation. Hundreds (if maybe thousands) are doing it all over the country with all types of food, but barbecue is the biggest. I know, because I’m on Instagram and see it every day. Of course it’s highly illegal. I even thought about trying it myself, but know better. It’s all in what you’re willing to risk. I have not heard of any of these guys getting sued because someone got sick from their food, but a few have got caught by their local health departments...they just give them a warning and threaten fines if they keep it up. Highly unlikely anything would happen, but I personally can’t bring myself to try it without being legal. And anything legal (including where I live outside of Chicago) is going to take all kinds of approvals from my local health department.
 
FWIW, people all over Instagram are selling barbecue to the public by taking orders through DM...Burt Bakman (Trudy’s) was one of the biggest participants of this practice. It’s referred to as an “underground barbecue” operation. Hundreds (if maybe thousands) are doing it all over the country with all types of food, but barbecue is the biggest. I know, because I’m on Instagram and see it every day. Of course it’s highly illegal. I even thought about trying it myself, but know better. It’s all in what you’re willing to risk. I have not heard of any of these guys getting sued because someone got sick from their food, but a few have got caught by their local health departments...they just give them a warning and threaten fines if they keep it up. Highly unlikely anything would happen, but I personally can’t bring myself to try it without being legal. And anything legal (including where I live outside of Chicago) is going to take all kinds of approvals from my local health department.

In my area a lot of people are doing it on FB and getting busted. Most don't even realize its illegal, and really have no intention of making money off it. Its mostly their FB friends seeing there home cooked food and asking them to make them some. I know personally someone that got busted that made the food at cost but sold a portion to the wrong person.
 
By selling food to the general public, you open yourself to legal liability. If someone claims to get sick from your food (the sue anyone folks are everywhere), you're on the hook.

You will need licences, inspections, a good bit of capital investment, and will have paperwork out the wazoo to accomplish.

Lots of risk/return on investment analyses to do, and lots of hoops to jump through if you decide to take the plunge.
 
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I question the legality, but I was just reading o some food sharing apps that help people skirt the law, on this topic. I would say it is still illegal, but you might want to research food sharing apps.

On another note, people in California, apparently can sell homemade food, thanks to a recent law change. Just can't make more than $50k a year.
https://www.sacbee.com/news/politics-government/capitol-alert/article218825465.html
 
Dancing around the law might be cool for a while......until someone decides to seriously come at you with a suit.

We live in a society that is more than happy to file suit for any reason looking for a quick buck settlement........and there are are eager legal eagles lined up to share in those quick bucks.
 
I can tell you all to do it legally. Really not my problem if you don't. Its on you not me.
Odds are you won't get caught. Odds are you will make money. There is risk and you are aware. So your choice.
I have a buddy who debated the same thing. He went the legal route. He just does it on the side for fun. He is legal. It can be done.
If you go the legal route you protect yourself. If not you assume all risks. So its up to you.
Lot of the legit guys started illegally selling food then went legit. I suggest you go legit at some point.
Your life and your choice. Either way good luck. I hope you do well.
 
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