Reselling Food Online

[obfuscode]

What is the name of your state (only U.S. law)? California

I know if I make/cook food I need to abide by all state and local health regulations but if I purchase pre-made food (i.e. cookies) and re-package them, am I still liable/required to have insurance against food poisoning and to have a separate kitchen to do the repackaging etc or would the liability fall back onto the original maker of the products?

Thanks in advance.

 

[JETX]

am I still liable/required to have insurance against food poisoning and to have a separate kitchen to do the repackaging etc or would the liability fall back onto the original maker of the products?

First, you need to contact your local health department to find out what requirements they have for your 'venture'.
As for liability, in the event of a problem, YOU would be sued. Depending on the full facts, you could then either bring them into the original suit, or pursue a separate action from your supplier.

 

[racer72]

You will also require permission from the original manufacturer of the cookies too. There is a very good chance they will not want a third party selling their food items if they have no control over the repackaging of the items.

 

[You Are Guilty]

You will also require permission from the original manufacturer of the cookies too. There is a very good chance they will not want a third party selling their food items if they have no control over the repackaging of the items.

While I agree with your second sentence wholeheartedly, upon what do you base your first? (So if I buy a new Ford, I need to get their permission before I resell it?)

 

[obfuscode]

If I have to jump through all the health code hoops anyway, I will most likely just make the items myself but I was planning on buying them wholesale from a company with my intended use transparent from the start.

@You Are Guilty: yeah I know of a company that sells chocolate covered name brand cookies (read Nabisco corp) and I don't think they have their permission and the logo on the cookie is very visible.

Supplementary question: You think I'm required to go through the health inspection routines if I rent out kitchen space from someone else who has already done all that jazz? (and no I wouldn't be storing the finished product at my residence)

 

[racer72]

While I agree with your second sentence wholeheartedly, upon what do you base your first? (So if I buy a new Ford, I need to get their permission before I resell it?)

Is Ford going to let you sell the car as new and accept the liability that is granted it's authorized dealers? Not likely. Also, no one sells used cookies. With the recent issues of food quality, I sure in the hell wouldn't want somebody repackaging my food product without my permission. There are also issues with sales territories, promotional costs and other contractual issues between the food companies and the retailers that sell their products. I would bet the companies and retailers don't want some small time repackager intruding in exclusive sales territories or taking advantage of promotions that they have paid for. If the OP repackaged some Oreos and resold them, I would wager Nabisco would be on her like stink on manure with strongly worded cease and desist letters within just a few days.

 

[You Are Guilty]

Like I said, I am quite positive the original manufacturer would do what it could to stop the subsequent sales, but other than compliance with the local/federal heath codes, there isn't much they can legally do.

(There are, of course, restrictions on how the product can be re-sold as far as trademarks are concerned, but that's an entirely separate question Google up "fair use" if you're bored).


{edit}
We should clarify what exactly the OP means by "repackaging" - i.e. altering the product in any way vs. putting originally-wrapped food into a new cardboard box for shipping.

 

[obfuscode]

So besides the legalities of re-selling someone else's goods...

Do you think I'm required to go through the health inspection routines if I rent out kitchen space from someone else who has already done all that legwork?
(and no I wouldn't be storing the finished product at my residence)