Uh oh...

[DevilDuck]

I may be in trouble. Good trouble, but trouble nonetheless.

I took my sauces to my local bar where I hang out. I happen to know one of the head cooks there and he made some wings with my "Barnacle Remover" (the guy used the whole bottle I took up there...). Well, the owner was there and wanted to know what was on the wings because they didn't look like the "regular" wings and tried one. Ater he was done cussing and ate a few flour tortillas, he wanted to know where the sauce came from. Well, Jacob (the cook) pointed right at me. This was last night.

I just got off the phone with the owner, and he wants me to supply the bar with sauce. I told him that my sauce wasn't meant to be a wing sauce, but he didn't care.

I'm not even legal yet...what do I do? I don't have enough here at the house to last the bar a few days or enough peppers to make more.

I just had to do that, didn't I....:rolleyes:

What do I do?

[DEFCON Creator]

Well, it is a good problem, but a problem nonetheless. If anything happened with a customer, they will revert to you, the supplier, for any legal repercussions.

[dreamtheatervt]

I'm not a legal expert, but I think one of my universal axioms applies here: The safe bet is a good bet, even if it doesn't payoff as much as a riskier bet. If you explain to the owner that you are still looking for a new co-packer, but would love to supply the bar afterward and I'm sure he'll be happy to wait.

[imaguitargod]

Run around screamin in a panic...that usually works for me...but if that fails, revert to what dreamtheater is saying.

[DevilDuck]

Thanks. I just went into "panic mode" after the phone call.

I just went down to the bar with my sauces because everyone would hear about them from others who have visited my house and tried my concoctions. All I wanted to do is prove they exist.

I'm looking at a co-packer that's not too far from here, but I'm still prohibited by cost. It's a good price, but I just don't have the funds.

[Blue's]

Thanks. I just went into "panic mode" after the phone call.

I just went down to the bar with my sauces because everyone would hear about them from others who have visited my house and tried my concoctions. All I wanted to do is prove they exist.

I'm looking at a co-packer that's not too far from here, but I'm still prohibited by cost. It's a good price, but I just don't have the funds.

You can get FDA approval to do the sauce out of the house. I started out that way until my Blue's Carolina Pepper Sauce took off. I still do 8 gallons/week for a restaurant out of the house. There is no cost to get FDA approval. You just need to jump thru the legal hoops and provide PH levels and or preservatives to keep the sauce safe. You can get that info from almost any state university for $50.00.

Hope that helps.

Blue's

[DEFCON Creator]

Blue, this is not the case in all states. For instance, it is illegal to fo it New Jersey. There is no way around it. Also, you may want to seriously consider not making the stuff at home even if it is allowed. To make the stuff from yuor home is fine, but remember, your house becomes an asset to the company. If someone for some reason sues you, the corporate veil is pierced as there is no distinction between personal assets and business assets, as they are the same. Just a word of caution.

[Blue's]

Blue, this is not the case in all states. For instance, it is illegal to fo it New Jersey. There is no way around it. Also, you may want to seriously consider not making the stuff at home even if it is allowed. To make the stuff from yuor home is fine, but remember, your house becomes an asset to the company. If someone for some reason sues you, the corporate veil is pierced as there is no distinction between personal assets and business assets, as they are the same. Just a word of caution.


Thanks for the words of wisdom.

What I did was incorporate and carry 1 million+ in insurance. Won't protect me from big money people that like to sue, but should help. My co-packer can't get my recipe exact and the restaurants that buy from me after trying mine over the co-packer still want my home version. I do try and make sure I strain the body parts out before bottling!

Blue's

[DEFCON Creator]

LOL! Just looking out for people. Truthfully, I'd increase your coverage. It's usually the first million that costs the most, to tack on a few is much less per unit. I would LOVE to make the stuff at home, I almost feel detached in a way. I still make it for my house parties though.

I've mentioned it a couple of times on other threads, but local colleges will sometimes help you find a commercial area in orde to produce your pocket. That way the production of it is out of your house, and is now only a distribution area, much different.

[darthcarl]

you can make it in his kitchen as his employee or sub contractor.

[Dan@BLP Labels]

Thanks. I just went into "panic mode" after the phone call.

I just went down to the bar with my sauces because everyone would hear about them from others who have visited my house and tried my concoctions. All I wanted to do is prove they exist.

I'm looking at a co-packer that's not too far from here, but I'm still prohibited by cost. It's a good price, but I just don't have the funds.

Talk to the owner of the bar and see if you can manufacture the sauce out of his kitchen. You would be under his liability umbrella, no?

[Dan@BLP Labels]

you can make it in his kitchen as his employee or sub contractor.

Beat me to the punch!!

[DevilDuck]

Talk to the owner of the bar and see if you can manufacture the sauce out of his kitchen. You would be under his liability umbrella, no?

Not too sure how that would work. If I make it out of his kitchen, doesn't the sauce become property of the bar? Sounds iffy to me.

[Dan@BLP Labels]

Pay him rent for the kitchen or just give him a great deal on the sauce since you are using his facility. Make sure he understands that you will be making sauce to sell also. There are probably a million different wayys to go about this.

[Blue's]

Not too sure how that would work. If I make it out of his kitchen, doesn't the sauce become property of the bar? Sounds iffy to me.

I actually tried to share a commercial kitchen. The FDA in North Carolina wouldn't approve it because they said we would be sharing utensils and each party involved could not be responsible for each other. I explained that we would not share anything. He then ran his finger over a counter top and said how can't you share this.

Check with a co-packer. Mine does it cheaper for me than I can do it at home. I know money is tight but it might be cheaper in the long run.

Blue's

[thehotpepper.com]

I don't think it's legal here in NY. Also FDA approval is one thing, what about the board of health? Wouldn't it need to pass inspection?

[Blue's]

I don't think it's legal here in NY. Also FDA approval is one thing, what about the board of health? Wouldn't it need to pass inspection?

Not sure about NY. Here in NC, sauces fall under FDA only. The facility that the sauce is produced in, falls under Health Alliance; however, the FDA does the facility inspections unless you are processing uncooked meats and then the health alliance does the inspections. That my friend makes no sense at all, but that's good ole NC.

Blue's

[huvason]

I don't think it's legal here in NY. Also FDA approval is one thing, what about the board of health? Wouldn't it need to pass inspection?

DEfinitely not legal in NYS! You can make it in a restaurant (which I do now).

[Hillbilly Chili]

Frickin Lawyers:banghead:
sorry shooty:)

[DevilDuck]

Well, I do have a commercial kitchen I can use (for a fee, of course), but I haven't talked specifics with he owner yet. I do know that I'd be cooking after hours and all day on Sundays.

I'd hate to make the sauces in the bar, that whole place would smell like peppers and vinegar during the day. I also see that turning into a problem for some reason... call it a gut feeling.

[huvason]

I do know that I'd be cooking after hours and all day on Sundays

LOL - Welcome to my world :lol:

[marcosauces]

Well,
we are in the process of opening a restaurant and as far as sauce making, we need to send informations on PH and other things to the FDA, BUT the local health department will do the inspections....kinda confusing.

[Hillbilly Chili]

Hey Marco,
I hope your Restaurant is open next time I go back East for a visit with the folks Bro.
MD's not that big, and I would drive the distance to eat at the Restaurant. Hope all goes well for ya

[marcosauces]

Come on in....opening December 14th....that's why lately i am not too mach on the net, too darn busy.. Wings, Ribs and Sandwiches thats what we gonna do. All handcrafted sauces too, 6 wing sauces, BBQ sauces and salsas. HEH i'll fix you up some good crab cakes too when you get here..:)
did i mention that defcon gonna be my extreme wing sauce..:)
John i will give you a call as soon as all my *****it is over.,.....

[imaguitargod]

A restaurant? Really? Wow, that's cool! Will it be called "Marco's Not So Famous as My Sauces Restaurant"?

[marcosauces]

ROFL....

[Hillbilly Chili]

Hey....I'll come up with the name here......errr....I'll do the thinin here booboo.
How about "Eat Marco's or Die"
no wait, that was the "Cheese" thing in Wisconsin

hhhhhmmmmmm, think think think,,,too much grey fluff here for now

[DEFCON Creator]

Come on in....opening December 14th....that's why lately i am not too mach on the net, too darn busy.. Wings, Ribs and Sandwiches thats what we gonna do. All handcrafted sauces too, 6 wing sauces, BBQ sauces and salsas. HEH i'll fix you up some good crab cakes too when you get here..:)
did i mention that defcon gonna be my extreme wing sauce..:)
John i will give you a call as soon as all my *****it is over.,.....

Marco, it seems we are going to be expanding our Defcon Day locations in a BIG way next year...Perhaps a Defcon Day at your location could be on the schedule? So far, we will be visiting NJ, NY, DE, MI, MA, PA, and Toronto next year, it would be nice to include MD.

[huvason]

Marco, it seems we are going to be expanding our Defcon Day locations in a BIG way next year...Perhaps a Defcon Day at your location could be on the schedule? So far, we will be visiting NJ, NY, DE, MI, MA, PA, and Toronto next year, it would be nice to include MD.

Man, that's a lot of driving. I think i'll have to be put on the DEFCON payroll. :cool:

[POTAWIE]

Toronto eh! Global domination progresses to Canada. I might just make the trip for that one.

[DEFCON Creator]

Man, that's a lot of driving. I think i'll have to be put on the DEFCON payroll. :cool:

Hmmmm, mileage paid in beer?

[DEFCON Creator]

Toronto eh! Global domination progresses to Canada. I might just make the trip for that one.

We are in the very early stages of setting it up. A friend of mine who lived in Toronto for years had 2 places he thought would be good: Wheat Sleaf and Bert & Ernies. I've never been above the northern border, so I have people in that area checking a few places for me. It should be a lot of fun. It'll probably be some time in mid-spring, after the tundra defrosts.

[huvason]

Hmmmm, mileage paid in beer?

You are a shrewed negotiator there Mr Creator :cool: As long as it is COLD!

[DEFCON Creator]

You are a shrewed negotiator there Mr Creator :cool: As long as it is COLD!

In Canada, you can be assured it will be COLD!

Now, you're going to Fiery Foods in March, right?

[huvason]

In Canada, you can be assured it will be COLD!

Now, you're going to Fiery Foods in March, right?

I will be in NM - me and the 5th Tamale, plus maybe some others. Need to get the Fat Kid Sauces presence out there. No booth, just hanging out.

BTW. There are now 4 homunculi living in my house now :cool:

[DEFCON Creator]

I will be in NM - me and the 5th Tamale, plus maybe some others. Need to get the Fat Kid Sauces presence out there. No booth, just hanging out.

BTW. There are now 4 homunculi living in my house now :cool:

Man, this is gonna be a weekend to remember.

How much for all 4?

[imaguitargod]

I spotted one right before he ran under my bed last night....but it could have been what I was smoking :confused: .... did you send one of your guys to watch over me, Defcon?

[DEFCON Creator]

Of course. Each Defcon package that is received contains one, albeit not visible to bipeds initially. They then migrate under the floorboards and setup shop. As Huvason knows, wearing an aluminum hat will somewhat decrease the noise of the voices in your head from their experiments. They are quite benevolent little creatures, seeking only to assimilate your brain stem into the Defcon Collective.

[dreamtheatervt]

Marco,

Where is your restaurant going to be located? I tend to visit friends in the DC area around Christmas, and I would make it point to have a meal at your restaurant. Actually, you should post the address in the restaurants forum.

[Shooty*]

Frickin Lawyers:banghead:
sorry shooty:)

Heh heh. Nay worries.

If it helps, my given discipline is defending companies against claims. So, if someone DID sue the restaurant here, I'd defend the restaurant. So I'm one of the good guys, see?

However, I have no advice to offer here, I'm afraid. Disposing of dead bodies in lime: fine. POssible nut allergies, america hygiene standards and stuff: out of my league.

[Hillbilly Chili]

a good guy Lawyer
my faith has been restored:-)

[marcosauces]

Marco, it seems we are going to be expanding our Defcon Day locations in a BIG way next year...Perhaps a Defcon Day at your location could be on the schedule? So far, we will be visiting NJ, NY, DE, MI, MA, PA, and Toronto next year, it would be nice to include MD.

Yes John,
put me on the schedule but later on next year(like from April on) so i get known a little better for the wings and then we can rock it with Defcon day at MR.D's..!!!

[marcosauces]

Marco,

Where is your restaurant going to be located? I tend to visit friends in the DC area around Christmas, and I would make it point to have a meal at your restaurant. Actually, you should post the address in the restaurants forum.

I am located in Hagherstown, MD i will make the announcement as soon as we will decide the final opening date (darn permit people are a pain in the **s that's what is holding us up.). We are also going to have Hot Sauces and BBQ sauces display, not many but i will be glad to open my shelves to the THP sauce makers...
hmmm...did i broke the rules thehotpepper..?

[DEFCON Creator]

Yes John,
put me on the schedule but later on next year(like from April on) so i get known a little better for the wings and then we can rock it with Defcon day at MR.D's..!!!

Not a problem man, when next year rolls around, set a date. I prefer Saturdays.