License or no license what should I do????

This subject has come up between a few friends for years because some of us participate by cooking at various events during the year. We have fun, and it's very enjoyable to hear "thank you" or "this is great barbecue" 300 times in one day. One reason I never even wrote out a catering or food truck business plan is that most events are on weekends and Friday would likely be prep day. Being an owner and having employees is an option, but it's taken me years to wind my company down, cheery pick customers, and be in semi-retirement.

I'm assuming you would open a "for profit" business, selling some of your food to the public? The best starting place is your city or county health department. They should have printed information for catering or a food truck and include all the rules and regulations.

If you are not opening a "for profit" business, there may be some loopholes. For example, my state has a law called the Traditional Food Act and below are some snips from that Act. So, lets say someone wants me to cook for a wedding rehearsal and feed 75 people. If the father of the groom pays for the food, and I help out with the cooking, and guests are not charged.... there are no permits, licenses, inspections etc. There are some local people that have rental equipment, like a trailer sized grill or a hog cooker, tents, tables and chairs and the like which generate their income for the day, it just doesn't come from selling food.

Notwithstanding any other provisions of law, there shall be no license, permitting, certification, inspection, packaging or
labeling required by any state governmental agency or any agency
of any political subdivision of the state which pertains to the
preparation, serving, use, consumption or storage of foods at a
traditional event or activity.

(A) For family and nonpaying guests;

(B) For weddings, funerals, potluck dinners, charitable
dinners and charitable cook-offs or functions as defined in W.S.
35-7-110(a)(xxix);

(C) For the sales of donated foods which are prepared
for consumption and the sales are sponsored by a nonprofit
entity as a fundraiser to support its purposes;

(D) For outdoor activities such as picnics, barbeques,
roundups, camping or outdoor work conducted by employees or
volunteers;

(E) By utilizing kitchen equipment provided by employers
as a convenience for the storage and preparation of foods for
consumption on the premises by employees and nonpaying guests.

Great info Thirdeye! Another thing I was always concerned with was my Butt (assets). Besides being licensed and complying with all food handling rules I also spent the money for a food liability insurance policy. I felt more secure with that coverage there to defend me from that one kook looking to strike gold.

Ive always been curious how a FLIP policy works, if someone isn't licensed. If your aren't licensed, trained and inspected, why would they cover you? You have insurance to do something you are not legally allowed to be doing. Im sir they have no problem taking your money, but if something happened would the coverage hold up?

poorolddan said:

Great info Thirdeye! Another thing I was always concerned with was my Butt (assets). Besides being licensed and complying with all food handling rules I also spent the money for a food liability insurance policy. I felt more secure with that coverage there to defend me from that one kook looking to strike gold.

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Sadly..., with the way insurance companies influence businesses that coverage is a good idea. What are your limits and how expensive is it?

Before our Traditional Food Act was passed we cooked burgers and sausages for a varsity football team, their parents and all the staff. This event took place on the sidelines of the field. The meat was donated, and several people volunteered to make and bring chili and beans. The health department showed up and took exception that the chili and beans were made in a home kitchen and told us it could not be served, but were fine with us grilling on site. A couple of guys raced to Sam's Club for canned beans, which we were able to heat and serve on site.

It sounds like you really enjoy cooking. I'll tell you once you go into business if you are successful you will be dealing with business issues, staffing, maintenance, and repairs, selling yourself to clients, quoting jobs, dealing with websites and issues, politics, advertising, purchasing, food orders, timelines, and on and on. I hate to say it but cooking barbecue just becomes a page in the book that has very little enjoyment in itself. Oh yea, and I wouldn't trade it for any job in the world!!

As a 25 year restaurateur, I would never suggest anyone do this illegally, under-the-table. Do what is allowed by your state law, but most are going to require you to be inspected by your local health department. A home kitchen will not be acceptable.