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No single person food service businesses?

Posted: Fri Oct 04, 2019 4:06 am
by chilly
Hola,

Another legal question... In the USA, there are some very small restaurant counters with one person, who takes money and cooks food. From this forum, some say that there are excess workers at some places. Does this law strictly forbid someone who does food handling (like prep work or cooking) from running the cash register, and thus force the addition of a "cash collection" worker to the business?

There is a Chile regulation called Decreto Nº 977 - Reglamento Sanitario de los Alimentos. It is available on the fao/UN website.

In Article 54, it seems that "personnel" handling food can't receive or give money. So, washing hands, putting on gloves and putting on an apron after receiving money does not allow someone to handle food (like cooking) thereafter?

ARTÍCULO 54.- El personal que manipule alimentos no deberá atender pagos del público,
sea recibiendo o entregando dinero, no deberá realizar tareas que puedan contaminar sus
manos y ropas de trabajo.

A google translation:

ARTICLE 54.- Personnel handling food must not pay payments from the public, either receiving or delivering money, you should not perform tasks that can contaminate your hands and work clothes:

Are there one person food counters in Chile, who are then essentially violating this rule or am I misunderstanding the situation or is the translation bad?

I would hope to start a very small place or food truck to adjust to the tastes of the Chile market and not hire an employee during the early stages. Also, getting a descent part-time employee sounds difficult, based on many posters' opinions.

Thanks for any input.

Re: No single person food service businesses?

Posted: Fri Oct 04, 2019 6:35 am
by 41southchile
chilly wrote:
Fri Oct 04, 2019 4:06 am
Hola,

Another legal question... In the USA, there are some very small restaurant counters with one person, who takes money and cooks food. From this forum, some say that there are excess workers at some places. Does this law strictly forbid someone who does food handling (like prep work or cooking) from running the cash register, and thus force the addition of a "cash collection" worker to the business?

There is a Chile regulation called Decreto Nº 977 - Reglamento Sanitario de los Alimentos. It is available on the fao/UN website.

In Article 54, it seems that "personnel" handling food can't receive or give money. So, washing hands, putting on gloves and putting on an apron after receiving money does not allow someone to handle food (like cooking) thereafter?

ARTÍCULO 54.- El personal que manipule alimentos no deberá atender pagos del público,
sea recibiendo o entregando dinero, no deberá realizar tareas que puedan contaminar sus
manos y ropas de trabajo.

A google translation:

ARTICLE 54.- Personnel handling food must not pay payments from the public, either receiving or delivering money, you should not perform tasks that can contaminate your hands and work clothes:

Are there one person food counters in Chile, who are then essentially violating this rule or am I misunderstanding the situation or is the translation bad?

I would hope to start a very small place or food truck to adjust to the tastes of the Chile market and not hire an employee during the early stages. Also, getting a descent part-time employee sounds difficult, based on many posters' opinions.

Thanks for any input.
Don't know what, or if, there is a law, but I've seen dozens of sole operator food trucks here, selling from completos and fries to the roast peanut guys. Seems like a bullshit rule if that's the way its interpreted, but its plausible that it exists being Chile. Either people think its bs and flout it as they always do in Chile or most people have no idea that clause exists.

Re: No single person food service businesses?

Posted: Fri Oct 04, 2019 6:38 am
by 41southchile
In fact not just food trucks, there are many many shops here that always only have one.person operating the till and giving you the food. Mini markets mostly.

Re: No single person food service businesses?

Posted: Fri Oct 04, 2019 7:25 am
by admin
gloves

Re: No single person food service businesses?

Posted: Fri Oct 04, 2019 7:57 am
by chilly
Hi Admin,

When I've read general food laws, they would be very general and require actions which prevent risk of contamination. So, gloves or outerwear could be one solution.

The Chile law specifically pointed out personnel handling food should not handle money, followed by a clarification and then the reasoning for that statement. So I interpret a food handler and cashier as separate and a different "classification" of persons. If a person could perform multiple tasks, I would think it would be worded that an action, such as a method to prevent contamination, would need to be performed between tasks.

I'd appreciate it if you could re-read the Article. If you think gloves are sufficient, I will defer to you and plan accordingly.

Thanks

Re: No single person food service businesses?

Posted: Fri Oct 04, 2019 9:00 am
by passport
Accept cards only?

Re: No single person food service businesses?

Posted: Fri Oct 04, 2019 11:59 am
by at46
I don't see many places where the same person cooks and then sells you the food. But selling prepared sealed-wrapped food falls under another rubric, I think, and there are plenty of those places.

Also, people selling prepared food items at metro entrances, for example, told me carabineros don't bother them as long as the food is wrapped/sealed. But street sellers of raw fish, on the other hand, would face confiscation of their product and fines.

Food trucks/fruit juice stands might fall under municipal ordinancies which are probably a bit more lenient than the 'laws of the republic', given how the mayors like to pose in front of funky food trucks being interviewed regarding their pro-business stance.

Then there are guys like the millionaire of the Nuts4Nuts fame who basically bribed municipal bureaucrats to have his stalls on every corner in the Centro. His story was in the newspapers. What happened to him anyway? The smell of honey roasted peanuts is such an emblematic smell of Santiago Centro for me. Now it's gone and I miss that.

One way of starting out could be to rent time in a certified commercial kitchen to be able to use their 'resolucion sanitaria'.

Re: No single person food service businesses?

Posted: Mon Oct 07, 2019 10:39 am
by Donnybrook
There is also the issue of amateur cooks who offer prepared food for sale on closed Facebook groups. It is usually "ethnic" food: Indian iranian etc. Often food not covered by the local restaurants and which appeals to foreigners accustomed to a wider range of types of food. None of them have any official vetting and no one has any idea what sort of kitchen the food is prepared in. But because the FB groups are closed these providers fly completely under the radar. I am always surprised that anyone would order food under these conditions but a lot do.

Re: No single person food service businesses?

Posted: Mon Oct 07, 2019 11:21 am
by at46
You can also certify your kitchen in your rental apartment, for example, provided the landlord agrees, as an artisanal operation. I heard it takes about 3-4 months.

Re: No single person food service businesses?

Posted: Mon Oct 07, 2019 12:20 pm
by chilly
@at46
Your post got me searching for regulations as you mentioned with “artesanal”. So far I found one that came out this year for I think sidewalk vendors. Not exactly applicable to me, but I will keep looking. It probably does relate to sidewalk vendors selling limited items. I’ll have to read more.

The title is:
Autorización sanitaria para vendedores ambulantes de alimentos
Información proporcionada por Autoridad Sanitaria
Última actualización: 26 de marzo, 2019

I can’t post links yet. I’ll see if this leads to an artesanal operation regulation at some point.

Many thanks to everyone

Re: No single person food service businesses?

Posted: Mon Oct 07, 2019 12:53 pm
by eeuunikkeiexpat
at46 wrote:
Mon Oct 07, 2019 11:21 am
You can also certify your kitchen in your rental apartment, for example, provided the landlord agrees, as an artisanal operation. I heard it takes about 3-4 months.
I believe this requires replacing the kitchen furnishings with an all stainless steel setup which I'm sure the landlord would have no problem with it the renter is paying.

Also, if an apartment in a condo, one would need to get community approval to run a business from that location.

Re: No single person food service businesses?

Posted: Mon Oct 07, 2019 1:57 pm
by admin
"artesanal" is often translated as "homemade" in English.

"artesanal" in Chile really means, "we produce crap, never had an idea how to do it correctly, but we bet some sucker will think its great and will pay us more because we slapped 'artesanal' on the label".

:lol: