Selling to restaurants or health food stores

[Twoandhelp]

Have yall ever sold to health food stores? I called all my governing agencies and they don't regulate quail so they said there's no inspection or anything required by them.

But how do you get in? I feel awkward just calling and saying "hey I have quail eggs, can I sell em to you?" But maybe that's how I do it?

Anyone? And advise on prices? The only fancy pants grocery store around that sells them prices them at .65 cents per egg.

 

[sideWing]

Have yall ever sold to health food stores? I called all my governing agencies and they don't regulate quail so they said there's no inspection or anything required by them.

But how do you get in? I feel awkward just calling and saying "hey I have quail eggs, can I sell em to you?" But maybe that's how I do it?

Anyone? And advise on prices? The only fancy pants grocery store around that sells them prices them at .65 cents per egg.

We used to be able to sell to stores here in Utah, but they outlawed it just in case someone might get sick someday. We never had a problem. You would need to check your local laws.

I'm guessing the big producers convinced the lawmakers that small farms have dangerous eggs since many people are now looking for small farm organic eggs.

 

[MeepBeep]

I would take what you were told with a grain of salt and do more research... Many states simply have 'egg' laws that cover all eggs sold for human consumption and thus don't differenciate from quail, chicken, duck or whatever..

You really need to read the actual test of the law and go from there...

In Illinois "you may sell nest-run eggs from your own flock to household consumers. However, these sales are limited to direct sales to household consumers for their own personal use, and must be sold on the premises where the flock is located."

Any other type of sales requires a state licence...

 

[Twoandhelp]

I know for the duck eggs the dshs would regulate and possibly the Texas agriculture people as well. But they have both told me that they do not regulate quail. Maybe I'll ask them to email me. So far the only regulation we have that I'm aware of is through Texas parks and wildlife.

 

[MeepBeep]

Here the applicable laws, note as I suspected the bird species is not defined, so it technically applies to quail as well...

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=4&pt=1&ch=15&rl=Y

It appears there is an exemption to sell as a 'producer' without a licence if you do not grade or size the eggs and they must be marked with your name and address, but and it's a big but...

This letter eludes that the 'producer' exemption to the licence is only valid for direct to consumer sales, and thus selling to a store to be resold again might very well require a licence...

An exemption to the licensing requirements of the Egg Law, Section 15.2, is provided for producers of eggs that only sell the production of their own flock directly to the consumer

https://www.dshs.state.tx.us/foodestablishments/pdf/RegClarifications/E23-13195_PSRFSGRC_9.pdf

I would personally consult a licensed attorney and get licensed legal advice from this point on if you want to go into business...

 

[Twoandhelp]

Here the applicable laws, note as I suspected the bird species is not defined, so it technically applies to quail as well...

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=4&pt=1&ch=15&rl=Y

It appears there is an exemption to sell as a 'producer' without a licence if you do not grade or size the eggs and they must be marked with your name and address, but and it's a big but...

This letter eludes that the 'producer' exemption to the licence is only valid for direct to consumer sales, and thus selling to a store to be resold again might very well require a licence...
https://www.dshs.state.tx.us/foodestablishments/pdf/RegClarifications/E23-13195_PSRFSGRC_9.pdf

I would personally consult a licensed attorney and get licensed legal advice from this point on if you want to go into business...

Ok the first link says not found, and I'd asked them about the second one and they said no- neither they nor the agriculture guys regulate! But I think you might be right- talking to an attorney would potentially save a headache. What type of lawyer would that be you think?

I thought it was weird they said no regulation on quail eggs when the treat quail meat oppositely- takes an act of God to be able to sell quail meat!

 

[MeepBeep]

Ok the first link says not found, and I'd asked them about the second one and they said no- neither they nor the agriculture guys regulate! But I think you might be right- talking to an attorney would potentially save a headache. What type of lawyer would that be you think?

I thought it was weird they said no regulation on quail eggs when the treat quail meat oppositely- takes an act of God to be able to sell quail meat!

Try the link again, I tested it with multiple browsers and it worked fine, that is a link to the actual black and white written law...

As for talking to them and them claiming they don't regulate, as I said take it with a grain of salt as I didn't see any exemption in the law itself that exempted quail eggs from the same regulation as any other egg...

As for the type of lawyer, ideally you would want one versed in agricultural law, but any general family lawyer should be able to give you an option on the law as written...

The first link that I implore you to try again is the full text of the Texas Administrative Code - Title 4 - Part 1 - Chapter 15 Egg Law

 

[MeepBeep]

Follow up... I just reread the applicable law, and I fully believe you need to obtain a license to sell as you wish legally...

(a) License required. A license must be obtained from the department by the following:
(1) any person who buys or sells eggs in this state for the purpose of resale;
(2) each separate facility where eggs are graded and/or stored, packed, or processed;
(3) any person who first establishes the grade, size, and classification of eggs offered for sale or sold in this state;
(4) any egg broker.
(b) Exemptions. This section does not apply to:
(1) producers of eggs who sell only the production of their own flocks without claiming any egg grade or size and without engaging in any previously defined egg marketing activity which would cause them to lose their identity as a producer, except that these producers are required to identify their eggs as "Produced by (producer's name)" and give their address;
(2) a hatchery buying eggs exclusively for hatching purposes;
(3) a hotel, restaurant or other public eating place where all eggs purchased are served by the establishment;
(4) a food manufacturer purchasing eggs for use only in the manufacture of food products, except for a person who operates a plant for the purpose of breaking eggs for freezing, drying or commercial food manufacturing;
(5) an agent employed and paid a salary by a person licensed under this chapter; and
(6) a retailer who sells eggs directly to consumers.

My interpretation is that you would fall into ( a )( 1 ) since you are selling for resale and that activity mandates a license...

The exemption found in ( b ) ( 1 ) IMO is not applicable to you since you are in fact "engaging in any previously defined egg marketing activity" that being section ( a )( 1 ) selling for resale thus invalidating the exemption in your instance...

I glanced over the law and no where does the law limit itself to the species of eggs it just refers to eggs for human consumption, thus there is nothing to support quail eggs as being exempt and thus they would be regulated just the same as any other eggs, as eggs is applied as a generic and broad definition...

The penalty for violating the law is a misdemeanor with a $50 - $1000 fine plus an additional administrative penalty of up to $500 per violation and new violations can be assessed every 24 hours...

 

[Twoandhelp]

I'll keep that link- it's working now- maybe storms were "blocking" it earlier. Thanks for all your help. I'm going to email them and reference this link to see what they say. They have claimed to look it up and that quail don't fall under their jurisdiction, but I thought an email stating it AND asking a lawyer would probably be the way to go because I definitely don't want any fines! I'm fine just selling to individual for now but I'd like to do the restaurant/grocery eventually.

 

[Em Ty]

I'll keep that link- it's working now- maybe storms were "blocking" it earlier. Thanks for all your help. I'm going to email them and reference this link to see what they say. They have claimed to look it up and that quail don't fall under their jurisdiction, but I thought an email stating it AND asking a lawyer would probably be the way to go because I definitely don't want any fines! I'm fine just selling to individual for now but I'd like to do the restaurant/grocery eventually.

I'd ask for it in writing first and, failing that, an email.