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Am I In the Catering Business?

post #1 of 4
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[Note to moderators: please move to a more appropriate forum if necessary.]

So my son has started nursery school here in Massachusetts. It's a cooperative, meaning that the parents do a lot (all, really) of the administrative work. I am on the Hospitality committee -- really, I AM the Hospitality committee -- which mostly means that a few times a year I have to cook dinner for 75 people on an impressively restricted budget. (Kudos to me: I fed everyone tonight, and got lots of compliments, and the total budget was $22.09.)

I have just been told that twice a year I'm to make food and sell it at fundraising events. At the Auction, I believe it's usual to run a sort of stand, but I don't know the details. At the Yard Sale, it's usual to fire up a grill and charge people for weenies and burgers and whatnot.

Now when I heard this, I heard screeching brakes and tires in my head. I went online and pored over parts of the FDA and Massachusetts relevant laws. And as far as I can tell, if I'm doing this, I (or the nursery school) am subject to the kinds of regulations and liabilities and whatnot that apply to restaurants, caterers, etc. The only limitation I see on stuff like this is if you sell foods that have essentially no serious tendency to food-borne diseases, for instance if you run a bake sale and don't sell cheesecake (which is explicitly forbidden). If we sell food at cost, i.e. not to make a profit but just to entertain people and encourage them to buy more stuff at the auction or yard sale, then we're OK, because the nursery school is a nonprofit charitable organization, but I still need to post a sign stating that we're not inspected and all that. But if we try to make a dime from the food, we're in violation of more laws than I can count, even if I take my shoes off and use multiplication.

But the thing is, some of you people do this for a living and know what you're talking about. Am I misreading something, or not noticing something important, or the like? Or do we have to sell at cost?

HELP!
post #2 of 4
Crikey Chris - what a headache! It would not be an issue here - the school wants a sausage sizzle - you get sausages from the butcher and grill them and put 'em on a piece of bread, they put their sauce on and give you a dollar. And that's how it should be.

I hope someone chimes in that knows something about the local laws as relate to your situation.

You're a champ for volunteering above all else, but yes, looks like you need to know the what-to-dos and what-not-to-dos from a knowledgeable source.

Good on you - and good luck
post #3 of 4
In my experience, Chris, it's near impossible for you to figure out what laws and regs apply on you own.

Best bet is to consult with the local health officials. Not only do they know the rules, they also know which ones they care about and enforce---not always the same things. Health departments also tend to be more lenient when non-profits are involved.

I remember when I had a shopping mall as a client and we did an Octoberfest. Included was a "Taste of...." type thing, with area restaurants. Like you, I was concerned about the morass of rules and regs. But the local health inspector set me straight, and the event was a success as a result.

So, were it me, I'd forget about researching it the way you've been doing, and check with the local health inspectors instead.
post #4 of 4
Depends a lot on local health rules, but I do know that in most States you can't sell if prepared in a place without permits required. The liability factor is with the school as they are asking YOU to do it, and THEY are taking in revenue. Only other thing I can think of is if there is no charge and it is a DONATION. In some places this could circumvent the law because you are not selling at retail or wholesale. Other consideration is call Dept. of Markets in your State, they issue permits for non food service places Under the local Dept. of Markets acts, and they are easier to deal with.
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