^^^^ Whoa guys!
That's a bit of a rap over the knuckles for just asking a few questions!
Let's give this guy a hand nicely rather than hitting him with a baseball bat.
We want members right?
We want guys to do well right?
How about some friendly advice rather than a lecture from the Head Master. Sure there are rules he needs to follow, but lets bring interested people into the fold and educate them. Otherwise guys like these are never coming back and are just gonna go out there and screw up.
Is that what you want??? :noidea:
SmokinAussie,
I agree with what you are saying, but I also think the answer was not meant to scare members away. I agree with you the response was probably brash, but here in the US we live in a lawsuit happy society.
I think that InThePitBBQ was trying to say that no one should engage in the food business without being registered as a legitimate business. Without being incorporated (or legally registered as a LLC) you and all of your assets owned by you and your family are up for grabs in a lawsuit against you.
I think everyone is just trying to protect La Chupacabra from making a poor decision. We have to look at the message, maybe the response was posted in urgency and carried what was perceived as a harsh tone. Not all of us are good public speakers, or able to convey our thoughts in eloquent wording.
I Think he was also trying to convey that if you are planning on selling food or catering an event, even for a friend you should be aware of the laws and the risks involved. By ignoring these and not investigating the legal requirements for any event, you are putting yourself at a great risk. Ignorance of the laws and regulations are not a defense, in fact it will just help to build a stronger case against you if something should go wrong. More importantly, something doesn't actually have to go wrong, one only needs to claim they got ill from your food.
Bottom line is that one should be operating within State, Local, and Health Department regulations, have a business license, a food handlers permit, and preparing the food in a health department approved and inspected commercial kitchen. Without these qualifications and being fully covered with insurance, you are taking a huge huge risk both personally and financially.
Incorporating separates you and your personal assets from those of the recognized corporate entity. In a lawsuit they can sue the corporation but cannot come after you unless you blatantly caused harm as an individual.
It might be difficult to prove with a single case, but what if someone who handles the food in the chain accidentally contaminates something. You will have more than one case from the event. Then you have an unlicensed food handler, who is not using a state approved and inspected kitchen, and who has failed to get all the required permits, certifications, licenses, and local inspections.
It's not just the fines and penalties from the state and local authorities for operating illegally, but when you have a civil suit filed the tables turn. Just the fact that you ignored all the required permits, licenses, certifications, and inspections are stacked against you. Couple that with many states who do not elect judges, but rather politically appoint them; then you can have an inexperienced judge in law who has their own interpretation or opinion of the law to deal with. Some of these appointed judges do not fully know the law and will make decisions based on their personal opinions.
As stated above the extreme fines and penalties imposed by the state, county, and local authorities can't be argued in a court of law, ignorance of them just isn't a feasible defense. These can be exorbitant, even if they can't prove the case. This is why many corporations find it easier just to settle out of court than run the legal gamut.
You also have many corporations that have tried to fight a case of stupidity in court and have lost millions trying to win. Look at the case of a patron who ordered hot coffee and drank it while operating a motor vehicle on a bumpy road. Consequently they spilled hot coffee on themselves as a direct result of their own personal action. Yet a good lawyer put the blame on the corporation, and they successfully sued for over a million dollars. Common sense does not prevail in a litigious society.
Our intent is not to discourage anyone, but to point out the possible ramifications of this type of event without the proper "coverage", "licenses", "certifications" and "permits".
Even legally operating caterer's get sued. Below is a case where the caterer only cooked a small portion of the food, friends provided the rest. Bottom line is that no one could prove where the food poisoning came from, so because the cater didn't have control over the food, they were successfully sued. Bottom line is that if you are not completely legal and follow the regulations, you have put yourself at great financial risk. You will also become well know in the surrounding communities for your food, but for the wrong reasons.
http://wcti12.com/news/nation-world...ny-after-guests-at-wedding-reception-got-sick
https://www.syracuse.com/news/index...s_caterer_after_guests_get_violently_ill.html
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