Lingerie Store Required To Get Food Permit For Edible Undies

You might not consider edible panties food, but San Antonio's Sanitarian Services Manager, Stephen Barschewski, disagrees. The Shades of Love lingerie store was recently told that it needed a food permit to sell edible novelties. The permit costs $230 a year, and makes the store subject to regular health inspections. From the article: "Rosemary Benitez thought it was a joke at first. She was told her store was going to need a food permit in order to stay in business. But Benitez doesn't own a restaurant. She owns the Shades of Love lingerie store on West Bitters road. Shades of Love sells racy lingerie, high heel shoes, adult toys, and items meant to enhance a couple's sex life. However, some of those items are edible. That's why the health department ruled the store needed a food permit."

Comments

So be it.

[coniferous]

Hum, I hate to say this, but thems the rules. if someone could get sick off of eating these undies (here come the raunchy jokes) then it's a valid concern.

Re:So be it.

[Locke2005]

I hate to say this, but ANYTHING in an adult novelty store might be eaten by someone, depending on how perverse their tastes are. Especially the massage oil.

Re:So be it.

[bill_mcgonigle]

Hum, I hate to say this, but thems the rules. if someone could get sick off of eating these undies (here come the raunchy jokes) then it's a valid concern.

No, it's not - these things are containerized. Yes, if the store were producing the fruit puree there, then there's a matter for concern. But your line of inquiry requires every gas station with a soda machine to have a food-service license, and that's not reasonable or useful.

It's more likely that the local bureaucrats dislike the store on religious reasons than it is that somebody could get sick from the undies themselves (what may come to be on those undies after packaging is certainly the greater risk).

Re:So be it.

[Anonymous Coward]

Hum, I hate to say this, but thems the rules. if someone could get sick off of eating these undies (here come the raunchy jokes) then it's a valid concern.

No, it's not - these things are containerized. Yes, if the store were producing the fruit puree there, then there's a matter for concern. But your line of inquiry requires every gas station with a soda machine to have a food-service license, and that's not reasonable or useful.

It's more likely that the local bureaucrats dislike the store on religious reasons than it is that somebody could get sick from the undies themselves (what may come to be on those undies after packaging is certainly the greater risk).

Even so, them's the rules.

Re:So be it.

[hiryuu]

It's more likely that the local bureaucrats dislike the store on religious reasons than it is that somebody could get sick from the undies themselves (what may come to be on those undies after packaging is certainly the greater risk).

Agreed - this is Texas, of course, which bans the sale of dildos state-wide, and has had debates about such in very recent years within the state legislature. Molly Ivins (bless her) did a great video piece on some of the legislative acrobatics involved, but I'm unable to find a link to it at the moment.

Re:So be it.

[bill_mcgonigle]

Agreed - this is Texas, of course, which bans the sale of dildos state-wide

Oh, so it's a misogynistic theocracy then, too. I suppose that's a redundancy in the AD era, though.

I wonder what they'll ban when women come to be in the legislative majority. NASCAR, probably.

Re:So be it.

[robot256]

I wonder what they'll ban when women come to be in the legislative majority. NASCAR, probably.

I don't know, misogynistic theocracies tend to be very good at only electing women with Stockholm Syndrome who support the misogyny. Besides, there are plenty of women who like NASCAR, right?

Re:So be it.

[rainmouse]

They could surely just put up a sign saying these are sold for novelty and not actual consumption.

Re:So be it.

[K. S. Kyosuke]

Agreed - this is Texas, of course, which bans the sale of dildos state-wide

I see. The officials don't want any competition.

Re:So be it.

[Locke2005]

They would have do ban the sale of douches to eliminate competition for the officials.

Re:So be it.

[Kell Bengal]

We can only hope.

Re:So be it.

[Kitkoan]

Hum, I hate to say this, but thems the rules. if someone could get sick off of eating these undies (here come the raunchy jokes) then it's a valid concern.

No, it's not - these things are containerized. Yes, if the store were producing the fruit puree there, then there's a matter for concern. But your line of inquiry requires every gas station with a soda machine to have a food-service license, and that's not reasonable or useful.

It's more likely that the local bureaucrats dislike the store on religious reasons than it is that somebody could get sick from the undies themselves (what may come to be on those undies after packaging is certainly the greater risk).

FTFA:

KENS 5 has learned of other stores, like Dillard's department stores and several auto parts stores, that are also required to have food permits. The reason is because they sell chocolate bars.

In short, she's not being targeted for religious reasons. She's being targeted because its the local city bylaw and like other shops, she has to follow the rules.

Re:So be it.

[shentino]

Not if they don't produce it.

More like a bureaucrat found an excuse to harass them.

Re:So be it.

[ArcherB]

Agreed - this is Texas, of course, which bans the sale of dildos state-wide,.

Are you sure? I had an ex-GF buy one a few years ago in downtown Austin.

Re:So be it.

[v1]

but thems the rules

if that were the case, any store selling so much as a candybar would need such a permit.

Laws like that refer to foods prepared when ordered, not pre-packaged. And edible undies are prepackaged as good as any candybar.

The inspectors are interested in the conditions under which you are cooking and handling (and storing) the food. This has absolutely nothing to do with food being sold.

Then start thinking about all the vending machines everywhere...

Re:So be it.

[ishobo]

if that were the case, any store selling so much as a candybar would need such a permit.

Most municipalities require a permit for the sale of food. Preparing food on the premises requires a separate permit.

Re:So be it.

[ishobo]

these things are containerized.

It does not matter. In many cities and counties, any business selling food items, packaged or otherwise, needs a permit.

Re:So be it.

[bill_mcgonigle]

It does not matter. In many cities and counties, any business selling food items, packaged or otherwise, needs a permit.

Do soda machines at gas stations need a license?

If there's no public safety risk, there's no justification for the license.

Re:So be it.

[ircmaxell]

Sure there is. Revenue. With cities, counties and states (not to mention the FED) going or getting dam near bankrupt, this sounds like an ingenious method of getting added $$$.

I wish that was sarcasm...

Re:So be it.

[bill_mcgonigle]

Sure, but that's pure abuse of power, not legal/moral justification for the licensing regime.

Re:So be it.

[Anonymous Coward]

from the article:
"KENS 5 has learned of other stores, like Dillard's department stores and several auto parts stores, that are also required to have food permits. The reason is because they sell chocolate bars."

more likely it's just san antonio then

Re:So be it.

[hiryuu]

Are you sure? I had an ex-GF buy one a few years ago in downtown Austin.

It's an interesting situation, to say the least - the market for sex toys certainly exists in TX, but the shops get a lot of attention from local law enforcement. As I understand it, a lifelike "safe sex demonstrator" (marketed for showing people how to use condoms) is legal, and a vibrating "personal massager" that is only vaguely phallic is also legal. Anything marketed, packaged, or sold that doesn't fall within those bounds is ostensibly illegal and may bring unwanted LE attention. Sorry for the lack of reference links - at work and all that.

Re:So be it.

[Anonymous Coward]

Say what you want, I've never seen porn shops so abundantly advertised on billboards as in Texas.

Re:So be it.

[GasparGMSwordsman]

It's more likely that the local bureaucrats dislike the store on religious reasons than it is that somebody could get sick from the undies themselves (what may come to be on those undies after packaging is certainly the greater risk).

From TFA:

KENS 5 has learned of other stores, like Dillard's department stores and several auto parts stores, that are also required to have food permits. The reason is because they sell chocolate bars.

Funny

[masterwit]

Person: Wait, is that a tag? Washing instructions?...it tastes kind of sour.

Other Person: No just the nutritional information...

Now for a good daily "nutritional" needs joke...

Yo mamma!

[Locke2005]

Yo mamma's butt so big, her edible undies could keep a family of 4 fed for a month!

Vending machine?

[MikeFM]

I have a candy machine - do I need a food license in my warehouse?

Re:Vending machine?

[ishobo]

Generally, if it is a vending machine, the vendor is the one that needs a permit. If you are stocking the machine yourself and selling the product to your employees, you may need a food permit.

When running a business, you need to be aware of all local, state, and federal regulations.

Re:Vending machine?

[MikeFM]

You'd need a vending permit but not a food license unless you are preparing fresh food.

Re:Vending machine?

[jklovanc]

In San Antonio you would need a license if you owned the machine. Here are excerpts from the municipal code for San Antonio.

Definition:
Food establishment shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:

Food establishment includes:
(3) An establishment that offers only prepackaged foods that are not potentially hazardous;

Seems that selling anything but fresh fruit or vegetables is covered by food establishment and needs a permit. Check out the code http://library.municode.com/index.aspx?clientId=11508&stateId=43&stateName=Texas

Since the definition of food includes edible items, the edible panties would be considered food and the sellers would need a permit.

Re:Vending machine?

[jklovanc]

In San Antonio you need a food permit to sell prepackaged food http://library.municode.com/HTML/11508/level3/PII_C13_AI.html#PII_C13_AI_s13-3 check the definition of food establisment.

I thought

[Naznarreb]

I thought that stuff like that was typically sold in sealed package like a candy bar - surely people aren't buying stuff like that off the rack?! Unless you need a food permit to sell individually wrapped items in San Antonio?

Re:I thought

[Anonymous Coward]

I thought that stuff like that was typically sold in sealed package like a candy bar - surely people aren't buying stuff like that off the rack?

Most of them are sold in sealed packages, but since its clothes, you never know if they have been tried out, just to see if they fit.... (*shivers*)

Re:I thought

[Anonymous Coward]

but since its clothes, you never know if they have been tried out, just to see if they fit.... (*shivers*)

One size fits all*

*all anorexic supermodels size 0 or 00. Plus sizes available for sizes 2-4.

outrageous!

[anna_james]

this is out of line. then every store selling food should get a food permit. greedy! just greedy!

Sooo..

[Anonymous Coward]

Does that mean you could buy these with a food stamp card?? Technically it is something you're supposed to "prepare" at home :)~

It depends...

[Anonymous Coward]

Is your warehouse in the San Antonio city limits?