Restaurant waste regulations...

Re: Restaurant waste regulations...

Postby Fancy » Nov 29th, 2017, 7:08 am

https://en.wikipedia.org/wiki/Liebeck_v ... n_incident
Many think this lawsuit was frivolous. Eight days in hospital getting skin grafts would be at a substantial cost.
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Re: Restaurant waste regulations...

Postby W105 » Nov 29th, 2017, 7:36 am

exactly Alien..that lady had serious 3rd degree burns (google the pictures, it will shock you) and Mickie Dee's just spinned the story to dismiss their negligence of not dealing with the complaints of how hot their coffee really was..

I have never heard of any store drilling holes in pot and pans ?? and I know many people who are store Managers..they do throw the damaged goods away but it's all claimed thru their insurance which they pay for...and many stores do put the damaged items back on the shelves and mark them "as is" with a deep discount..

as for suing for eating bad food (cause a homeless person might sue for eating a bad muffin ???) not gonna happen ever...anybody in this thread ever gotten sick from eating somewhere and sue and actually win ??? betcha no one..I have gotten food poisoning before and all one can do is phone the place where they think it occurred and let the owner/manager know...if it's serious and you head to the hospital and they define it as some like E Coli, then the hospital calls in the local public Health Authority and they take it from there...

companies discourage dumpster diving because people can get stuck in the dumpster or sleep in them and get killed when the garbage guy comes along...it happened many yrs ago at a place that I worked for downtown...the guy fell asleep and did not wake up until he was being thrown into the compacter and starting being crushed...that's why everyone started locking them..now people lock them because people like to dump their household garbage and crap like dry wall etc which costs the company big $$..

also the Food Banks prefer money instead of food items...the article I read said they have greater buying power when purchasing food...the eg they gave was on a can of tuna...someone can donate a can of tuna that they paid $1 for and the Food Bank (with cash) can buy case lots of the same canned tuna for half the cost...as for wealthy people using the Food Banks (which is pathetic but some try) in order to get food from the food bank they want some info from you..it doesn't take much to find out if someone who's making a half decent living is trying to scam the system...so it's really not that easy to scam them...

yes, we do waste alot here in North America, that I do agree with...but in my opinion it's the household items that bother me the most..how many people in this thread have a couple of old cell phones sitting around because every yr they buy the newest phone ?? (crazy) it's cheaper to buy a new printer (that comes with brand new ink cartridges) than to replace the ink when they run dry...washing machines etc used to be built to last for decades...now they last an average of a few yrs (if you maintain them properly maybe longer, but many people don't)...they are manufactured so cheaply now (made in China) for that exact purpose...I know people who buy BBQ's every few yrs just because they don't wanna clean them..so out they go to the landfill cause someone didn't wanna use a sos pad and just clean it...
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Re: Restaurant waste regulations...

Postby Fancy » Nov 29th, 2017, 9:03 am

W105 wrote:exactly Alien..that lady had serious 3rd degree burns (google the pictures, it will shock you) and Mickie Dee's just spinned the story to dismiss their negligence of not dealing with the complaints of how hot their coffee really was..


The lady was found 20% responsible.

as for suing for eating bad food (cause a homeless person might sue for eating a bad muffin ???) not gonna happen ever...

We know it happens in the States:
https://foodpoisoningbulletin.com/2017/ ... estaurant/
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Re: Restaurant waste regulations...

Postby alanjh595 » Nov 29th, 2017, 9:17 am

Do you really want to pay a lawyer to defend yourself and your business against a frivolous lawsuit? That's why business settles out of court, the lawyer will sometimes cost more than the value of the payoff.
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Re: Restaurant waste regulations...

Postby gman313 » Nov 29th, 2017, 9:28 am

Even Steven wrote:
GordonH wrote:As asked why the pet food is not donated, company policy on returned food has to be discarded into the trash.


Walmart drills holes through any pots or pans they're throwing away if they were brought back. They don't sell them or ship them back, they simply throw them away. Apparently if you don't drill holes, some local enterpreneurs bring them into the store for a refund (apparently no need for a receipt).

So, perfectly good pots and pans that were returned go to waste.


That's pretty weak. I have heard the following works well. Most people throw out their receipt once they walk outside Walmart. The cunning con artist will grab said receipt, find the item on the shelve and go "return it" with their receipt. Works best if cash is paid since normally refunds go on the original method of payment

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Re: Restaurant waste regulations...

Postby birdsandbeetles » Nov 29th, 2017, 10:05 am

alanjh595 wrote:The problem is that the food companies are still liable if someone is to get sick and sue. This place should just grind all of these throw-aways and lock their garbage box. They pay rent on that garbage box, so everything in there belongs to them until it gets dumped in the truck.
I certainly wouldn't risk being sued over old buns that can't be sold.


This is absolutely false. There is legislation in BC as well as in many, many jurisdictions in Canada and the US that protect food donors from liability. These fall under Good Samaritan Laws.
In BC we have the Food Donor Encouragement Act, which reads as follows:

Liability of donor
1 A person who donates food, or who distributes donated food, to another person is not liable for damages resulting from injuries or death caused by the consumption of the food unless
(a) the food was adulterated, rotten or otherwise unfit for human consumption, and
(b) in donating or distributing the food, the person intended to injure or to cause the death of any person who consumed the food or acted in reckless disregard for the safety of others.

Almost every province and territory in Canada has similar legislation. The United States has the Bill Emerson Good Samaritan Act, 1996 which also protects donors from liability.

There has never been a reported case of food donation-related litigation in the United States or Canada. Huge misconception! Larger companies who are aware of food donation laws are more concerned with a potential risk to their reputation by donating food that is no longer the freshest than they are with liability.
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Re: Restaurant waste regulations...

Postby Fancy » Nov 29th, 2017, 10:10 am

Stating if someone gets sicks and sues (I'm assuming from rotten food), then it wouldn't be a misconception as noted in your post:
the food was adulterated, rotten or otherwise unfit for human consumption
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Re: Restaurant waste regulations...

Postby birdsandbeetles » Nov 29th, 2017, 10:16 am

Fancy wrote:Stating if someone gets sicks and sues (I'm assuming from rotten food), then it wouldn't be a misconception as noted in your post:
the food was adulterated, rotten or otherwise unfit for human consumption


Yes, of course, the legislation clearly states that this is an exception to protection from liability, but day-old baked items wouldn't fall under that category.
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Re: Restaurant waste regulations...

Postby W105 » Nov 29th, 2017, 10:19 am

food thrown in a dumpster is not "donated" food..it is expired food being thrown away..

by some people's logic on here, if a regular person threw out a rotten chicken in their garbage bin and dragged it out on garbage day and someone walked by and decided to eat that chicken, then they could sue that person for having rotten food in their garbage bin ...I mean come on...
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Re: Restaurant waste regulations...

Postby Fancy » Nov 29th, 2017, 10:20 am

birdsandbeetles wrote: but day-old baked items wouldn't fall under that category.

Considering as you know Tim Horton's used to sell day old, I don't think that's what anyone is really talking about.
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Re: Restaurant waste regulations...

Postby birdsandbeetles » Nov 29th, 2017, 10:24 am

Fancy wrote:
birdsandbeetles wrote: but day-old baked items wouldn't fall under that category.

Considering as you know Tim Horton's used to sell day old, I don't think that's what anyone is really talking about.


From the article that led to this thread: “Day-old items are being tossed into the garbage can,” said Stefanski.

There is no reason these can't be donated. Tim Horton's would be protected from liability as long as the food is fit for human consumption, not rotten, etc.
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Re: Restaurant waste regulations...

Postby alanjh595 » Nov 29th, 2017, 10:32 am

W105 wrote:food thrown in a dumpster is not "donated" food..it is expired food being thrown away..

by some people's logic on here, if a regular person threw out a rotten chicken in their garbage bin and dragged it out on garbage day and someone walked by and decided to eat that chicken, then they could sue that person for having rotten food in their garbage bin ...I mean come on...


If it was a residential bin, NO. If it a commercial bin behind a business that is selling food, that is a different scenario. Regardless of the legislation, does a business want to risk of defending themselves? It costs money and time for lawyers and it is bad for business via "word of mouth", No pun intended.
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Re: Restaurant waste regulations...

Postby Fancy » Nov 29th, 2017, 10:51 am

birdsandbeetles wrote: There is no reason these can't be donated. Tim Horton's would be protected from liability as long as the food is fit for human consumption, not rotten, etc.
Don't misread what I was referring to which isn't day old breads. I had already mentioned Tim Horton's used to sell day old and head office should step in about donating.
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Re: Restaurant waste regulations...

Postby Bpeep » Nov 29th, 2017, 11:23 am

Lets feed all the homeless day old doughnuts when we can vaccinate them for diabetes.
Otherwise it might be cheaper to feed them broccoli and chicken.
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Re: Restaurant waste regulations...

Postby AlienSoldier » Nov 29th, 2017, 11:29 am

Bman wrote:Lets feed all the homeless day old doughnuts when we can vaccinate them for diabetes.
Otherwise it might be cheaper to feed them broccoli and chicken.


If that's the case there should be a tax on donuts due to the affect it creates on our health system. Although you might contribute to through taxes I am sure it does not take this into account.
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