unofficial catering business

[viper1]

hmm!

Well dont see any thing amusing at all. In fact I thank you for being so clear. I think any one serving a business customers or event in a church or any where else does have the right to expect a licensed and legal cook. Don't see where it matters if any one gets sick or not. it's illegal and you are gambling with them. I don't see a problem if you post a sign saying to everyone attending "I am unlicensed my equipment and kitchen hasn't been checked.You could be risking getting sick." LOL But I dont think any one would eat much knowing the facts. I wouldn't. Now if you was a neighbor I knew or a close friend I trusted no problem at all.Their is lots of reasons for getting permits and licensed and being checked. And I think it horse pucky to risk any one with out them knowing.And yes if my wife or children got sick and I found this out, I'd own EVERY thing you have! And dont think for a minute others wont.

 

[jasonjax]

So because this thread did pique my curiosity, I used the googles to check for food poisoning lawsuits. It looks like there are plenty out there, but that only the really serious ones bring in monetary rewards.

This is an interesting subject from a lot of standpoints. I am a whole-hearted capitalist, and believe one of the few absolutely necessary roles of the government is to create a level playing field for business ventures. That said, I completely understand the guy who wants to cook here and there, ESPECIALLY for charitable not for profit outfits such as churches and scouting events etc.

 

[tortaboy]

This has been a somewhat amusing read for sure.

Just curious, can anyone actually point to a successful lawsuit where a plaintiff proved within a preponderance of the evidence that something they ate caused them to be sick versus oh say the stomach flu etc, and was awarded a cash settlement?

I'm just wondering how much this entire liability discussion from a food-born illness is academic.

P.S. I don't professionally or illicitly cater, don't charge for any of my BBQ, and don't plan to. I do cook very occasionally for Scouts and friends, but again no charge.

Google Jack in the Box, Food Poisoning.

 

[Colorado Brewer]

So if a church with a decent sized congregation asked a member to BBQ for over ~500 and he only knew <500 you'd bring out the big guns?

No, churches are non-profits and exempt from licensing. In my State, as long as the church/non-profit group operates in their local area and does not exceed 52 events/year we do not license or inspect. We aren't trying to stop church fundraisers.

 

[Colorado Brewer]

This has been a somewhat amusing read for sure.

Just curious, can anyone actually point to a successful lawsuit where a plaintiff proved within a preponderance of the evidence that something they ate caused them to be sick versus oh say the stomach flu etc, and was awarded a cash settlement?

I'm just wondering how much this entire liability discussion from a food-born illness is academic.

P.S. I don't professionally or illicitly cater, don't charge for any of my BBQ, and don't plan to. I do cook very occasionally for Scouts and friends, but again no charge.

Happens all the time. Ever heard of Jack-in-the-Box? Just last year I had a case where a restaurant made around 125 people sick, food and people were tested and had identical strains of bacteria. Never heard the final outcome but the group was initially suing for around 50,000 to cover medical/inconvenience. It's usually not the lawsuit but the bad PR that kills a business implicated in an outbreak.

These guys specialize in foodborne lawsuits;
http://http://www.marlerclark.com/

 

[Colorado Brewer]

So if a church with a decent sized congregation asked a member to BBQ for over ~500 and he only knew <500 you'd bring out the big guns?

No, non-profits/churches are exempt. Rules vary, but I'm not shutting down a church fundraiser or kicking over a kid's lemonade stand. I'm interested in people making this their business without playing by the rules.

 

[Bamabuzzard]

No, non-profits/churches are exempt. Rules vary, but I'm not shutting down a church fundraiser or kicking over a kid's lemonade stand. I'm interested in people making this their business without playing by the rules.

That's what I figured you were going to say and I agree. You're interested in someone with the intent to run a business yet skirt the rules. I like your approach. :thumb:

 

[PorkQPine]

This has been a somewhat amusing read for sure.

Just curious, can anyone actually point to a successful lawsuit where a plaintiff proved within a preponderance of the evidence that something they ate caused them to be sick versus oh say the stomach flu etc, and was awarded a cash settlement?

I'm just wondering how much this entire liability discussion from a food-born illness is academic.

P.S. I don't professionally or illicitly cater, don't charge for any of my BBQ, and don't plan to. I do cook very occasionally for Scouts and friends, but again no charge.

I am a business insurance agent and have insured many restaurants and caterers over the last 30 years. I have seen all kinds of claims against insurance carriers for food related problems and the awards are higher than buying insurance for many many years. You can either keep the risk and insure it with your home and other assets or your can transfer the risk to an insurance carrier for a fee (premium) the choice is yours.

 

[jasonjax]

Timely article....

Maybe we should all just live on farms with our own livestock and gardens.

http://www.cnn.com/2012/05/03/health/listeria-outbreak-investigation/index.html?hpt=hp_c1

 

[OL' Timer]

When I first opened up my vending and catering I had a local restaurant call the CDC and state health Dept on me as that I sold them raw chicken. Funny thing was that all the chicken we cooked that day went to a local nursing home for a big birthday party and no one got sick. Th HD and CDC told them one more false report and they would be arrested and fined. Needless to say they went under 6 months later for lack of business. Selling chicken, called poetic justice:grin:

 

[Bamabuzzard]

When I first opened up my vending and catering I had a local restaurant call the CDC and state health Dept on me as that I sold them raw chicken. Funny thing was that all the chicken we cooked that day went to a local nursing home for a big birthday party and no one got sick. Th HD and CDC told them one more false report and they would be arrested and fined. Needless to say they went under 6 months later for lack of business. Selling chicken, called poetic justice:grin:

I've put this story on here before but I'll post it again because it might save someone's tail. At a local church where I live there was a lady who had a baking business. She did wedding cakes, other type cakes, cupcakes and all the other stuff that came along with this type business. She had a storefront, sign out front and all. Legit business. She got word of another lady in the church running a baking business yet doing it out of her home. She was (as many start out doing) operating the business "on the side", trying to build it so she could do it full time. Well, the lady with the storefront picked up the phone and turned her in. The lady got in all kinds of trouble with the HD and other local agencies. The point is that we all know a lot of now legit businesses started out this way. But, it doesn't mean someone won't call the authorities on you when you do it. It is a risk and can be a huge risk. :thumb:

 

[PorkQPine]

When you cooked for a nursing home I sure hope you had a ServSafe under your belt as they have impared immume systems and you have to be really careful.

 

[jcpetro97]

Great thread! Lots of great opinions here. This is similar to something I posted the other day. My coworkers are very supportive of my bbq comp aspirations. I have had people offer to have me do a practice cook with say pork shoulder or brisket and then just supply the meat. Some have asked if they could just give money for me to go get the meat for them and cook. So they would mock in for meat and supplies. No profits... I just have the cooker, they don't.

I realize its a little different than the original question but I thought it was close enough and wanted to see what you all thought in that case.

Along the same lines, what if we organized a lunch at work and they asked me to cook make polled pork. Again, they supply the meat...

Sent from my Kindle Fire using Tapatalk 2

 

[OL' Timer]

When you cooked for a nursing home I sure hope you had a ServSafe under your belt as they have impared immume systems and you have to be really careful.

I am a Cert Chef Grad of FL School of Culinary Arts and yes ServSafe was a required class. Everyone should take the college course for the public's health.

 

[OL' Timer]

Great thread! Lots of great opinions here. This is similar to something I posted the other day. My coworkers are very supportive of my bbq comp aspirations. I have had people offer to have me do a practice cook with say pork shoulder or brisket and then just supply the meat. Some have asked if they could just give money for me to go get the meat for them and cook. So they would mock in for meat and supplies. No profits... I just have the cooker, they don't.

I realize its a little different than the original question but I thought it was close enough and wanted to see what you all thought in that case.

Along the same lines, what if we organized a lunch at work and they asked me to cook make polled pork. Again, they supply the meat...

Sent from my Kindle Fire using Tapatalk 2

Do not let anyone supply the meat to you as you have not had it under your immediate control. You do not know if they kept it cold enough or stored it properly and the liabilty is on you not them. ALWAYS get the meat yourself.

 

[viper1]

well guess we shouldnt have food for sale at all the club and church functions. But will continue any way because we need to make the money and all my years around here Ive never heard of a law suit yet. Now Im sure they can and some day might. But this small town is called the Quaker town for good reason. Always food being served by some one. I have had cook outs and benefits for hundreds of people. But Im old and retired. And I dont have nothing much any one would want. Been told I was dieing 5 times. So even if they do sue me they wont get much. LOL Id die before they could.LOL so take that!

 

[deepsouth]

My business partner had this happen to a lady at his church. She ran a cake business out of her home. It started just like you're describing. Word got out more and more and she eventually was running a full fledge business. There was another lady in the church who ran a cake business but it was "legit". Not out of the home. She had a store front, sign out front, the whole nine yards. She turned her in. How about that? A sister in Christ turning in another sister in Christ to the HD? Be careful.

christ likes to get paid.

 

[deepsouth]

I knew this would cause a stink. What kind of insurance do you have if you make a bunch of people sick? Is is worth losing everything you own? What does it cost for 100 people to go to the emergency room on your dime? How much is the fine from the Health Dept and from your City Government? As stated above, you don't know who is watching you!

wow, that's crazy..... everyone at a whole party getting sick enough to go to the er....... i've never heard of that happening, but i guess ANYthing is possible.