Full question:
I run a small business at home and am in the process of forming an LLC. We resell prepackaged food items, distributed by a national foodservice company. We do not handle the food in any way. If someone were to become ill on items purchased from me, could I be held liable, even though we did not handle the food?
- Category: Misc
- Date:
- State: Texas
Answer:
Even if HACCP is not yet mandatory, having a HACCP plan helps to defeat negligence and breach of implied warranty claims in a products liability lawsuit. A HACCP plan will provide records showing that food was handled safely and provide evidence that the manufacturer, distributor or seller took reasonable care of the food and was not negligent.
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