NSW Commercial Law - Is Selling Transformed Ice Cream from Woolworths Illegal?

Discussion in 'Commercial Law Forum' started by Aishiki, 5 November 2018.

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  1. Aishiki

    Aishiki Active Member

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    Hi,

    I am thinking of selling ice cream this summer, but due to lack of equipment and capital. I am transforming ice cream instead of making from scratch.

    I bought Woolworths essentials vanilla ice cream and transformed in into different flavours. By mixing chocolate syrup, I made a chocolate ice cream. Mango syrup to Mango Ice cream, etc.

    I do not wish to deceive my customers, but this is how we make ice cream from the kitchen I used to work. The supplier only sell vanilla ice cream and told us that we can just put chocolate topping and mix it.

    Am I breaching any legal thing?
     
  2. Tim W

    Tim W Lawyer
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    The word "transforming" in the way you use it
    has no meaning at law.
    To what extent is this ice cream not merely an ingredient?

    Other things to ponder...

    1. If you're manufacturing and selling activities are not 100%,
    then you might have more trouble with the Safe Food regime
    than with the ACL.

    2. Make sure you have public liability insurance,
    and or product/liability insurance.

    3. Bear in mind that to sell food in public places,
    such as off a hand-carried rack, or even a stall or food truck,
    you can be required to have a licence and/or permit.
    There can be fees attached to this.

    4. You may care to use terms like "mango flavoured",
    as a matter of accuracy.
     
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  3. Aishiki

    Aishiki Active Member

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    I use the vanilla ice cream to make a new flavour (i.e. Pandan Ice cream) which is not available in the market.
    I am claiming that it is a hand-made ice cream because I made it by using a whisker and a bowl, no machine was used.
    When a customer ask me who made the Pandan ice cream, I always answer that I made the Pandan ice cream by hand.

    I know that many shop are using woolies' vanilla ice cream in making ice cream sandwich. I also make a new product so I think it may be same.

    I will acquire all the license and public liability. My only concern is if my method of making flavoured ice cream is breaching any law.

    Thank you
     
  4. Rob Legat - SBPL

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    You might also want to check your local Council's requirements on food production and vending. Food items for sale may need to be produced in a commercial kitchen with a valid health inspection certificate.
     
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  5. Aishiki

    Aishiki Active Member

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    Thank you, my takeaway shop has been inspected by the council for safe food and we passed everything.
    All food are being made inside the commercial kitchen. As for the ice cream safe food handling, I understand and practice that the ice cream shall not be melted and refreeze. I immediately deconstruct the ice cream and mix the flavouring within 15 minutes to prevent bacterial growth.

    My concern is not about food safety, but will customer feel deceive that the ice cream i sell is not made from scratch.
     
  6. Rob Legat - SBPL

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    Not as long as you don't give them the impression that it is. If I ordered a dessert with ice cream at a restaurant I wouldn't reasonably expect that that restaurant had made it from scratch - unless they market it that way.
     
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  7. Aishiki

    Aishiki Active Member

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    Thank you. I just market my ice cream as handmade, I never told the customers that I made it from scratch.
    Whenever someone ask me if I make my Mango-flavoured ice cream, I always answer, "I use vanilla ice cream base and mango puree, then I mixed it by hand, no machine."

     
  8. Rob Legat - SBPL

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    I would suggest handmixed instead of handmade. You didn't make the ice cream.
     
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  9. Aishiki

    Aishiki Active Member

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    Thank you, that is a good point
     
  10. Tim W

    Tim W Lawyer
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    I agree.
    This is more clearly expressed version of what I said in my items 1 and 3 above.
     
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