Selling hot peppers roadside

12 years ago

Hi all, I'm new to the forum and I've got what's maybe a silly question. I've been growing hot peppers for years with bountiful results. I'm thinking of selling them in a stand on the side of the road (on my property) this summer, just for fun. My question is, is there any liability in my selling extremely hot peppers like Bhuts, 7 Pots and T. Scorpions? Can something legally unseemly happen to me if some idiot ignores the signs I'd post and eats a whole one raw, or slips one into his brother's food? Thanks for any advice!

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Comments (16)

kuvaszlvr
12 years ago
Hi TimmylnMI, welcome!

I look at it this way, and I may be wrong, (I'm not a lawyer) but if McDonalds can be taken for millions because they sold coffee that was too hot, or a burglar can sue and win cos he hurts himself while stealing your property, there is the potential you will be liable. But, if you want to make sure you are safe, might want to talk to a lawyer.
esox07 (4b) Wisconsin
12 years ago
AAAaaaarrrrgggghhhh!
Kuvaszlvr is probably right. But, thousands of people sell peppers at stands and farmer's markets all across this country every year and I am guessing few of them have any liability insurance. If they are going to sue you for eating a hot pepper, they will sue you because they find a worm in an ear of corn and it caused "post tramatic stress disorder".

I dont think anyone has died from eating a bhut or other hot pepper before and if someone intentionally slips it into another's food, then it should be on them as far as any liability but some idiot liberal judge may not see it that way.

I guess I wouldn't worry about it, but then, maybe I should.
Bruce
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I sold a few peppers last year at the market here in NH, only because that's all I had were literally, a few peppers to sell. (hot peppers that is). Green peppers sold better for me, but a lot of sales is dependent on presentation. I think if my hot pepper selection was more abundant, people would have paid more attention to them. Also, recipes for salsas or other ways of using peppers helps to familiarize people to their uses. I haven't tried selling the plant itself, but I bet if you paired it with cilantro and a couple of large tomatoes, and labeled is as "Salsa kits" it would look nice and sell pretty quickly. I may try that myself! Good Luck
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In my opinion the peppers aren't to blame. You used too many for your tastes in heat. Since you seem to like the flavor you got in your recipe just cut down on the hot peppers as far as ratio goes. Also if you find to get the right heat you want but lost the flavor by cutting down on the peppers ,as suggested above use other strains or varieties of peppers. Try Jalapenolite,Jalapeno M and if you like the Chinense flavor try any of the Aji Dulce-Trinidad,Tabago,Costa Rican or Venezualian Seasoning Pepper Strains. There are Suave Orange and Red Habaneros developed by the N.M. Chile instatute too. I like some of the Super Hots a whole lot-Mostly the Trinidad Scorpions and 7 Pot varieties ,but I use them in moderation. I'm not a masochist,I like their flavor but don't eat them by themselves. Like with a campfire.I like a nice bed of coals for cooking but a bonfire to keep warm.
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I think you have to have a peddlers license and a retail merchants certificate, which I plan on getting. I was just wondering if it would be worth it. Also, to explain a bit better, I don't have 200-330 left over, that is what i plant and give away to friends. So, I usually have at least 1000 plants left over, which I just let die (please dont hang me). I know I go over kill on planting, but I usually plant 30-40 different kinds of peppers and I want the best looking, strongest growing peppers for my own. Each type is usually planted in its own 72 cell flat. I am just wasting the plants that end up dying, so I figured I could let them live and sell them off for a profit. Evan at a $1 a piece I think they would sell, but I don't know, I have never done it.
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2ajsmama
12 years ago
I wouldn't take the chance. I sell hot peppers, but the super hots (thanks ottawapepper!) I grow this year will be for our own use. Unless I have someone sign a waiver...

Eating a bhut may not kill somebody, but I can sure see (no pun intended) someone suing if they rub their eyes.
User
12 years ago
Welcome,

I hate to redirect you to another forum right off the bat but the folks over in GardenWeb's The Market Gardener forum (link below) will have more practical experience in this area. If they can't help then as previously suggested, check with a lawyer.

Bill

Here is a link that might be useful: The Market Gardener
User
12 years ago
Let the customer know what they're getting into and/or set up a little sign notifying people these are not "fool your buddy" type peppers for those that are mega-hot.

It's not judgements on lawsuits that kill small farmers as much as the lawsuits themselves...whether merited or not.

Even without signs or warning you'd probably still make it out without losing a lawsuit, but you'd still spend that money/time in court. You can't predict when crazy/weird is going to start purchasing from you.

You might have a bigger issue with local code enforcement asking whether you can legally sell off your property...hell, you might live in an area where if you do your paperwork right you can actually start claiming agriculture land tax exemptions/credits. Hawaii is big on this in some areas and all you need is the proper paperwork and a "stand" at the front of the driveway (most unattended because the tax credit is what they're after).
armac1965
12 years ago
The awarded amount in the McDonald's case was reduced, they ended up paying out around 500,000 bucks, not "the millions" people always quote. Still a lot of money but considerably less.
TimmyInMI
Original Author
12 years ago
I really appreciate all the advice, thanks! I know I can sell produce roadside here, I was just trying to avoid hassles with irate soccer moms and such. :) As nc-crn pointed out, it's not winning or losing a case I was concerned about, so much as the litigation-abusive culture we've sort of spawned. I've emailed the State's Dept. of Agriculture, asking their opinion. Anyhow, I've been using my own jal., hab, serrano, thai and such seeds but I'm looking to add some more exotic varieties this year. I've got a few vendors I'm considering, mostly eBay, but I'm open to suggestions if anyone has some really dynamite places they order from here in the states? I'm mostly looking to add piri piri and true Scotch Bonnets. Thanks again, this forum was a great find!
smokemaster_2007
12 years ago
I'd think it depends in general on how much money the person sueing you thinks you have.

Lawyers want a slam dunk case worth lots of money for as little work as possible.
A lawyer isn't going to mess with a case he can't clean up on or that is iffy as far as winning goes,if the person he is sueing has no money or...valuable stuff he wants to get/make you sell as payment for services rendered/whatever.

McDonolds has lots of money so they got sued.

A small Mom and Pop place that serves hot coffee probably wouldn't have gotten sued...

I also think there is a difference in selling a fresh super hot and selling a Taco with super hots in it.
One the person is putting it in food and the other you are.

I'd think a sign saying "Not for human consumption-too hot to eat,Ornamental or whatever" would cover your butt.

You can also post a sign saying all your plants are grown to be food safe.No DDT or whatever.
Just don't tell some one to eat them...
User
12 years ago
Hi again TimmyInMI,

I didn't want to offer an opinion on your potential legal exposure question because I'm up north in Canada and have no direct experience selling in the US.

With respect to ordering seeds from eBay, I will throw in my 2 cents. Based on numerous unhappy posts I've read over the years on various forums, you are really rolling the dice. While there are reputable vendors selling seeds on eBay, you can't easily weed them out from the idiots who don't know what they're selling or the out right crooks. eBay's complaint window closes long before your purchased seeds grow out so Seller feedback ratings typically relate to shipping, payment processing, etc. You'll never see feedback about being sent Jalapeno seeds instead of the advertised Scotch Bonnet seeds.

Other than purchasing off an established company with a proven track record for selling seeds that actually grow out as advertised, you're taking a chance.

If you're looking for Piri Piri, I was happy with the seeds I got from Two Wings Farm in BC a couple of years ago. I also noticed the other day that The Chilewoman (who has a great reputation) sells them as well.

FWIW,

Bill

p.s. I can send you a few Piri Piri seeds I saved this year from a non-isolated plant. I can't guarantee 100% they'll grow true but they won't cost you anything. You don't have email active on your profile page so send my one via my profile if you're interested.
tsheets
12 years ago
I wouldn't trust buying seeds on e-bay unless you really don't care what you get. Also, Scotch Bonnets are all over the board as to what you'll get. Just google them and you'll see a wide variety of shapes, colors, and I'm guessing flavors/heat. Be sure you know what you're getting, wherever you decide to purchase from.
capoman
12 years ago
Even established vendors can make mistakes. I bought from Richter's Herbs, a long time well known vendor in Ontario. I got seeds I thought were scotch bonnets, but were definitely not, and I'm not the only one reporting this. The other seeds I got from them were as advertised.
simsedward
12 years ago
Which region of MI do you live in? I am in Southeast Michigan. My kid wants to sell some of our stuff out front to rival the kid who lives across the street who runs a lemonade stand LOL...
User
12 years ago
Hey simsedward,

A little fresh squeezed Jolokia Juice never hurt anyone (I think)? $4 a shot to clear/cloud your mind on the drive to work! Your little entrepreneur should be able to give the lemonade snot across the street a run for their money ;-))
2ajsmama
12 years ago
Or they'll all be running over there for gallons of cold lemonade afterward!
TimmyInMI
Original Author
12 years ago
I live in SW MI, out in the country. I think every single person puts cucumbers and zuchinni out by the road in the summer; I thought I'd change it up a bit. :)
simsedward
12 years ago
HA! We may be on to something!
Good luck!

Selling hot peppers roadside

Comments (16)

kuvaszlvr

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