Would it be legal to purchase Bulk 50 lbs of Tea, Then repackage them into smaller portions; and resell them with my brand name?

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I reside in Texas, are there any laws or licenses that i would need. Thank you.

Attorney Answers

2
Ronald Bell ·
Check with the department of agriculture dice it is a food product. You will also need to get product liability insurance if the tea is defective it is now under your company name. Consult local counsel
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John Bonica ·
This is not an area of law in which I practice but since no one else has volunteered an answer I did some preliminary research and suggest you contact The Texas Department of State health Services at 512-834-6626 for further information about whether and what type of license you might need. 25 TAC Section 229.181(2) defines "food" as "any article of food or drink for man; chewing gum; or an article used for components of any such article. My guess is that "tea" is "food." 25 TAC Section 229.181(3) defines a food manufacturer as "A person who combines, purifies, processes, or packages food for sale through a wholesale outlet. The term also includes a retail outlet that packages or labels food before sale and a person that represents itself as responsible for the purity and proper labeling of an article of food by labeling the food with the person's name and address." From your description of what you intend to do, you would appear to be a "food manufacturer." 25 TAC Section 229.181(6) defines the term "Manufacture" as "The process of combining or purifying food or packaging food for sale to a person at wholesale or retail, and includes repackaging, labeling, or relabeling of any food." A person who manufactures food or who distributes food must register or obtain one or more licenses under 25 TAC Section 229.182. I have added a link to this Section below. The regulations are complex and there are numerous exceptions. For this reason, I suggest you find a lawyer who has experience in the food manufacturing business.
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