Health hazards and liability

[hickory88]

Bare with me folks. I'm new to the forum and not even sure if this is the appropriate place to post this question.  I've been in discussions with a community/ arts and cultural center to place a triple style vending machine in their facility.  From what I can see, it's a great location.  Tons of programs for all ages including a dancing school that runs all day Saturday and in the evenings Mon-Fri. The owner has concerns about the health risk of candy that is not pre-packaged.  Also, he wants to know who would be liable "if someone gets sick from the candy".  Is this guy going overboard or are these legitimate concerns from potential clients?  What is the health departments stance on bulk vending machines as far as rick is concerned?  What other queries have you guys encountered from business owners when trying to secure a location so that myself and others can be well informed when discussing placement of a machine?

[whaletail116]

I'd say he is a bit overboard.  The candy does come pre-packaged, then you put it in your machine.  But if someone were to get sick, you'd be responsible.  You should check out alyssamma's LLC info thread.  I believe one member here had a situation where a lady ate some trail mix mixed with maggots that came from his machine.

Good luck.

[alyssamma]

You can also give the owner a short letter informing him that you are responsible for any issues. Here's a sample:

Vending operator will supply and install vending equipment at the above location. Vending operator will stock and clean the equipment as needed to insure fresh product and clean equipment. Manager or owner of the above location may request more frequent stock and cleaning visits if required.

 

The vending equipment shall remain the property of the vending operator.  The vending operator assumes all responsibility for theft, vandalism, and equipment maintenance. Furthermore the vending operator assumes any and all liabilities arising from the normal operation of the vending equipment. 

Kevin