Is Delivery Allowed?
Aug
30
Written by:
8/30/2011 10:45 AM
It has come to our attention that at least two counties (Williamson and Harris) are interpreting SB 81 as prohibiting deliveries. I have consulted with Judith McGeary, the attorney for the Farm and Ranch Freedom Alliance, and she does not think there is a legal basis for this. We believe delivery is allowed, both by the letter and the intent of the new law. As long as the payment has been made at your home, you and your customer are free to make delivery arrangements as you see fit.
It is important to note that Health Departments are not typically staffed by attorneys; they are public health workers who fought tooth and nail against this law. Some will interpret it incorrectly, in the most narrow way possible, depriving home bakers of their lawful rights under SB 81.
If you encounter any problems with your local Health Department's interpretation of this law, you can contact info@TexasCottageFoodLaw.com or your State Representative or State Senator.
11 comment(s) so far...
Re: Is Delivery Allowed?
Okay, so I am really new to this site, and I know this is a dumb question -- but, what difference does it make if I receive payment at the time of delivery or in my home? I think it would be easier to receive payment at the time the product is delivered. I can set up for a Pay Pal account on my website and receive payment that way; however, how is it that SB 81 can regulate how I receive payment? I've read the bill and I guess I'm confused about the reasoning behind that particular rule.
Please advise, Thanks!
By Christina on
1/23/2012 5:17 PM
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Re: Is Delivery Allowed?
The law says:
(2-b) "Cottage food production operation" means an
individual, operating out of the individual's home, who:
(A) produces a baked good, a canned jam or jelly,
or a dried herb or herb mix for sale at the person's home;
You must operate out of your home and the food must be for sale at your home. This language is what is causing SOME health departments to erroneously interpret the law to mean that you cannot deliver your product. You can, but you must receive the money AT YOUR HOME to fulfill the requirement that the product was "FOR SALE" at your home.
Think of it this way: If I want a refrigerator, I go to Home Depot and buy the refrigerator. I pay for it there, and then they deliver it to my house later. It was for sale at the Home Depot, so that's where I paid for it. Make sense?
By KelleyDawn on
1/23/2012 8:40 PM
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Re: Is Delivery Allowed?
So I guess I cannot accept payment through my website? Right? Sorry, I am really struggling with this :/
I just am so afraid of breaking the rules! LOL...
By Christina on
1/29/2012 5:59 PM
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Re: Is Delivery Allowed?
My understanding is, you can deliver, but yu cannot set up a store front. Right?
By Ruth on
2/21/2012 5:06 PM
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Re: Is Delivery Allowed & can credit cards be used for payment?
Another question about delivery and payment. Could you take a payment via credit card over the phone and then deliver the baked goods? Does talking to the buyer over the phone and taking their credit card number for payment qualify for receiving money at your home?
By Laura Lou on
2/26/2012 4:27 PM
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Re: Is Delivery Allowed?
Just wanting to make sure can we deliver
Can we accept payment on delivery
Can we accept payment through pay pal
By Amy on
3/12/2012 12:07 AM
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Re: Is Delivery Allowed?
Hi, I am in agreement if you bake it at your house what difference does it make about the payment can you answer I have bought cakes before picked from a private person and paid at the time of pick up.
By Vickie on
3/19/2012 6:50 PM
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Re: Is Delivery Allowed?
You can deliver as long as the customer visits your home to either place the order or pay for the order. The customer must visit your home. Taking orders on the phone via credit card and delivering does not meet this requirement.I'm not here to argue the merits of "what difference does it make", I'm just trying to provide some unofficial guidance on how to follow the law. The food must be produced at your home, and for sale at your home. The customer must visit your home to either order, pay for, or pick up the item.
By KelleyDawn on
3/21/2012 6:59 AM
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Re: Is Delivery Allowed?
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Re: Is Delivery Allowed?
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