The Law Against Doughnuts
For 15-plus years, a Ventura County, California hardware store has been putting out a box of doughnuts and a pot of coffee for customers in the morning. No more. Mark Storer writes for the VC Star:
An anonymous customer complaint to the county brought health inspectors to the store, who determined its tradition of more than 15 years of offering coffee and doughnuts to customers violated food-handling regulations."We've been doing this since we bought the place 15 years ago and the previous owner was doing it, too," said Randy Collins, 42, co-owner with his parents of B & B. "We simply weren't aware we were causing a problem."
Inspectors told Collins that unless he was willing to install stainless-steel sinks with hot and cold water and have a prep kitchen to handle the food, he was violating the law.
"The state health and safety code talks about food regulations," said Elizabeth Huff, manager of community services for the Ventura County Environmental Health Division. "Anybody who handles food is subject to the regulations."
At issue is the level of permit required for a retail establishment to offer food to the public. "What some establishments do is hire a mobile food preparation services or in some cases a coffee service," said Huff. "Those establishments have permits and can operate in front of or even inside of the stores. But where the public has access to food, permitting is required."
Huff indicated there are several levels of permits, depending on the store's needs. All carry various costs.
That, of course, is what this is really about.
(Of course, there's some after-the-fact whining from the state that this was really about giving out tastes of meat from a barbeque grill they were demonstrating.)
via Overlawyered







co-owner with his parents of B & B
What is that Boards & Breakfast?
"Anybody who handles food is subject to the regulations."
Maybe they could just bring the doughnuts to the store in a box and leave a sign for people to feel free to open the box and take a doughnut. I say this because years ago I was needed to transport some food for a banquet or something. Anyway, I needed to have a food worker permit unless the food was in a box. If it was in a closed box then I was just handling cargo which just happened to have food inside. I could not open the boxes because then I might be handling the food.
The Former Banker at March 4, 2010 1:02 AM
This is getting ridiculous. So, if you have an art showing, you need to have a prep kitchen, stainless steel sink, etc. to offer wine and cheese?
What about banks and doctors' offices, who put out complimentary candy dishes?
Patrick at March 4, 2010 4:29 AM
I thought if the food was free, you didn't need a liscense or to follow the food safety guidelines? Is that just in Texas? Anyway, what asshat of a customer would sick the health inspectors on someone for free donuts?
momof4 at March 4, 2010 4:43 AM
momof4 writes: "I thought if the food was free, you didn't need a liscense or to follow the food safety guidelines? Is that just in Texas? Anyway, what asshat of a customer would sick the health inspectors on someone for free donuts?"
You took the words right out of my mouth. Right downt to asshat.
Give me a break!
Sabrina at March 4, 2010 5:05 AM
Remember back in the old days, when they used to use things called "petitions?" If something bugged you, if you could get enough other people to sign on, then city hall had to listen up.
Nowadays, one anonymous sniveler has the power to jam a private business.
If people touching your food bothers you, DON'T TAKE ANY.
Whatta twatwaffle.
Steve at March 4, 2010 5:22 AM
"twatwaffle".
*snort*
Sabrina at March 4, 2010 5:45 AM
Food Nazi. Donuts are bad for you, so I'll get the government to stop you giving away donuts.
Food Nazis should be stabbed in the neck on principle.
brian at March 4, 2010 6:18 AM
This one is just confusing. Why would they need a food prep kitchen - they aren't making the donuts at the hardware store! I assume they are buying them from a donut shop. How is this different from buying donuts to bring to work and letting everyone help themselves?
KarenW at March 4, 2010 6:40 AM
Steve said: "Nowadays, one anonymous sniveler has the power to jam a private business."
Not just a private businesses either! I work at a library, which counts as a government entity. We get "one customer complained" policy changes all the time! Legend goes that we didn't used to be open on Fridays, but *one customer complained* and we have been ever since. Smaller scale incidents like that happen all the time, too.
I imagine its not too different for other small government entities. You get one letter to the newspaper, and suddenly policy changes/enforcements are all over the place. Of course, when half the city is complaining about JEA (our power company), then nobody is listening.
cornerdemon at March 4, 2010 6:57 AM
In Missouri you can't send homemade food in to the schools for treats-all food has to be purchased from a commercial bakery or store. When we first moved here, the school got on my case for sending in homemade muffins for my kids' snack (wholegrain, low sugar), but Twinkies were OK.
Ruth at March 4, 2010 6:58 AM
And California wonders why they are having troubles?????
Maybe they can find away to tax this poor bastard for giving away free donuts and coffee. Then the government won't mind so much.
David M. at March 4, 2010 7:02 AM
Ruth, same thing happened here in my hometown in CT. For kids' birthdays, most of our moms used to send in a bunch of homemade cookies or cupcakes or brownies with the birthday child, and either at lunch or towards the end of the day, the teacher would pass them out and the kids would all sing "Happy Birthday". It was a nice tradition while it lasted. Imagine my surprise when my younger daughter came home with her batch of brownies, crying, saying the teacher said she couldn't pass them out anymore, because of the "kids will allergies". Apparently it had become school policy. So the next year I made a batch of those Jell-o "jigglers". Turns out they weren't acceptable either. I'm glad the girls are in high school now; there's none of that nonsense there! In fact, they make their own treats and bring them in now.
(Also, I used to keep a candy dish on my desk at work. Never got any complaints about that!)
Flynne at March 4, 2010 7:20 AM
"...kids with allergies."
Flynne at March 4, 2010 7:21 AM
Wow. There's a nursery here (a plant nursery, that is) which is well known for its Saturday chicken barbeque. You go down on Saturday morning and grab yourself a chicken leg and a Coke (both free) and eat while you browse the greenhouses. The barbeque is an outdoor open pit. Not a prep sink in sight anywhere. And I've never heard of anyone getting sick from it.
Cousin Dave at March 4, 2010 7:31 AM
The whole "some kids have food restrictions" thing is silly.
When I was a kid, I was raised as a strict vegetarian... no eggs. So my mom would make a batch of strict vegetarian cupcakes and freeze them, and somehow she got a birthday list, so whenever someone's birthday came up, I got one of the cupcakes from the freezer and ate that.
We never would have dreamed of not letting the kids bring in their treats.
If you're so allergic that you can't be in the same room as wheat/nuts/eggs/whatever, you probably shouldn't venture out in public.
NicoleK at March 4, 2010 7:34 AM
Some satire about food safety. Part of my post on the recent, disastrous regulation of items sold for use by children.
Stop the Death from Quilts and Food
==========
As fictional head of the US Food Protection Agency (UFPA), I have issued the following regulations to be implemented within one month. Space limits us to listing only a small selection here:
() All persons and especially children (APEC) should limit their intake of fresh food. If they must eat fresh food, frozen samples must be retained for later analysis in case of illness. A written food diary (FD) is required under penalties of SS 23, Para 12(b).
() Fresh food shall be boiled for 20 minutes before consuming, including all fruits, vegetables, legumes, meats, and "other". This includes lettuce, tomatoes, and bread.
(more at the link)
=============
Andrew_M_Garland at March 4, 2010 7:43 AM
Ruth, has your kids school baned all homemade food, or just the stuff to be handed out to other students?
lujlp at March 4, 2010 8:21 AM
Just another example of our fear-driven world.
"Inspectors told Collins that unless he was willing to install stainless-steel sinks with hot and cold water and have a prep kitchen to handle the food, he was violating the law."
And a grease trap, don't forget the grease trap!
Pricklypear at March 4, 2010 8:46 AM
Wait 'til Homer Simpson hears about this!
Conan the Grammarian at March 4, 2010 9:30 AM
I hope my bank doesn't stop handing out bags of popcorn on Fridays.
nonegiven at March 4, 2010 11:12 AM
Off topic, but here is a Reuter's article which says genetic type determines if a person needs a low carb or low fat or whatever diet.
http://news.yahoo.com/s/nm/20100303/sc_nm/us_diet_genes
That is interesting because it explains why different people have different results with a given diet.
irlandes at March 4, 2010 1:14 PM
Way to $uck everything up for everyone else.
Juliana at March 4, 2010 3:16 PM
Bureaucrats are plundering the wealth; this is why the economy's where it is, and this is what the 2nd Amendment is there to fix --- use it.
Lobster at March 4, 2010 4:49 PM
"this is what the 2nd Amendment is there to fix --- use it."
The donuts already have holes.
Gog_Magog_Carpet_Reclaimers at March 4, 2010 8:06 PM
Pricklypear said:
"And a grease trap, don't forget the grease trap!"
And, of course, where there's a grease trap, there's a grease trap licensing fee.
Laurie at March 5, 2010 11:49 AM
"An anonymous customer complaint to the county..."
Did you ever notice that it's always an anonymous customer, neighbor, stranger from out of town, etc.? It seems to me that anonymous complaints such as these should be disregarded.
Tom at March 6, 2010 9:41 AM
Hello, This was a awesome thread thank u very much for sharing this info with us.
Smokeless Cigarettes Now at December 6, 2010 11:25 AM
Leave a comment