• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

Texas Says 'Pickles' Only Come From Cucumbers. So This Couple's Farm Went Out of Business.

Views:1354
@ReasonVids

The way Texas defines a "pickle" is absurd. And it's killing small farm-to-market businesses. Anita and Jim McHaney are suing to overturn "preposterous" regulations on cottage food production.

Subscribe to our YouTube channel: https://youtube.com/reasontv
Like us on Facebook: https://www.facebook.com/Reason.Magazine/
Follow us on Twitter: https://twitter.com/reason
Subscribe to our podcast at iTunes: https://goo.gl/az3a7a

Reason is the planet's leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won't get from legacy media and old left-right opinion magazines.

----------------

Anita and Jim McHaney are retirees who moved from Houston to the Texas countryside in 2013. Their plan was to live well and grow food on a 10-acre homestead, earning extra money selling produce at the local farmers market. They grew okra, carrots, kale, swiss chard, and beets. Lots and lots of beets.

"That soil out there is very sandy, and those beets just grew like mad," says Anita. "Now the obvious thing to do when you have more beets than you can sell, is to make pickled beets and can them."

And this is where the McHaney's ran into trouble.

Like most states, Texas has a so-called cottage food law that exempts certain items sold at farmers markets from the state's commercial food manufacturing regulations—foods like bread, produce, nuts, jams, popcorn, and, of course, pickles.

But what constitutes a "pickle," and who gets to decide? The McHaneys discovered that the Texas Department of State Health Services (DSHS) taks the narrow view.

According to the DSHS, "A pickle is a cucumber preserved in vinegar, brine, or similar solution, only pickled cucumbers are allowed under the cottage food law. All other pickled vegetables are prohibited"

"The legislature didn't say that, the health department did," Anita explains.

So in order to sell their pickled beets at the farmers market, the McHaneys needed a commercial food manufacturers license, to build a commercial kitchen, submit their recipes to a government contractor at Texas A&M University, and register for a $700 food manufacturing class. However, the class is only offered once a year.

"We got right down to signing up for the class...even though people said 'you won't learn a damn thing in there,'" says Anita. "Then I saw that $700. I thought, you know, this is crazy. This is insanity."

The McHaney's neighbor, Virginia Cox, also grows and sells food at the local farmers market. she'd like to be able to pickle her leftover okra.

"I can make a whole lot more on it pickled because if it doesn't sell this week, I can take it back to the market next week," says Cox. "If it's fresh and it doesn't sell this week, it's not gonna sell next week."

Today, the McHaney's farm lies fallow. But they have decided to take the state of Texas court with the help of the Dallas law firm Drinker, Biddle & Reath, who took on the case pro-bono.

Their main argument is that the regulations on cottage food production are unreasonable and stifle their economic opportunities.

"People can't afford that stuff, it shuts them out," says Anita.

As precedent, the McHaney's case invokes the landmark 2015 decision by Justice Don Willett striking down occupational licensing for Texas eyebrow threaders.

They're challenging the health department's definition of pickles and subsequent regulation on the grounds that it impinges on their "constitutionally protected right to earn an honest living."

The Texas Department of State Health Services wouldn't comment on the pending lawsuit, but defended the agency's rule as reflecting "the most common" interpretation of the word "pickle."

"It forces you, if you want to do a pickled beet, to go a $700 class that has nothing to do with home canning," says Jim. "And now we've got hundreds and hundreds of occupations where you have to pay the government to do your job….

For now, the case is still pending and it's just entered the discovery phase, but the McHaney's are optimistic about its outcome.

"You know, we talk about pickling beets, but it's a lot, lot, bigger issue. It's about economic freedom," says Jim.

Video produced, shot, and edited by Mark McDaniel.

Brass Buttons by Blue Dot Sessions is licensed under a Attribution-NonCommercial License.

Inessential by Blue Dot Sessions is licensed under a Attribution-NonCommercial License.

Long and Low Cloud by Blue Dot Sessions is licensed under a Attribution-NonCommercial License.

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Movie Night
    Thumbnail for Remy: Banana (Free Trade Camila Cabello Havana Parody)2:22
    Remy: Banana (Free Trade Camila Cabello Havana Parody)
    ReasonVids3
    1152 views
    Thumbnail for If We Do Nothing: The Truth About Tuskegee8:05
    If We Do Nothing: The Truth About Tuskegee
    AmericanRenaissance
    1200 views
    Thumbnail for If We Do Nothing: Is a Multiracial Nation Possible?13:31
    If We Do Nothing: Is a Multiracial Nation Possible?
    AmericanRenaissance
    1222 views
    Thumbnail for Promoting Hatred in America8:54
    Promoting Hatred in America
    AmericanRenaissance
    1901 views
    Thumbnail for If We Do Nothing: The Folly of Women in Combat11:41
    If We Do Nothing: The Folly of Women in Combat
    AmericanRenaissance
    1126 views
    Thumbnail for Groid gets btfo by his own computer1:21
    Groid gets btfo by his own computer
    bestofupgoat
    655 views
    Thumbnail for 3d Printed DEW0:35
    3d Printed DEW
    bestofupgoat
    344 views
    Thumbnail for If We Do Nothing: Sam Francis, RIP10:21
    If We Do Nothing: Sam Francis, RIP
    AmericanRenaissance
    1109 views
    Thumbnail for George Floyd One Year Later14:39
    George Floyd One Year Later
    AmericanRenaissance
    2380 views
    Thumbnail for Inuit hunters talking about changes in the wind, sun & stars from the earth's axis shifting.3:11
    Inuit hunters talking about changes in the wind, sun & stars from the earth's axis shifting.
    bestofupgoat
    340 views
    Thumbnail for Polyamory is Narcissism: Change My Mind | Popp Culture26:18
    Polyamory is Narcissism: Change My Mind | Popp Culture
    Terrence Popp
    1761 views
    Thumbnail for Wango Tango: Kids Are Not For Teacher | Popp Culture31:18
    Wango Tango: Kids Are Not For Teacher | Popp Culture
    Terrence Popp
    1660 views
    Thumbnail for Don’t worry that many of the ballots have the same signature and don’t appear to even have a crease in them just keep counting2:10
    Don’t worry that many of the ballots have the same signature and don’t appear to even have a crease in them just keep counting
    AOU
    3331 views
    Thumbnail for Who's your sexy now?0:15
    Who's your sexy now?
    bestofupgoat
    782 views
    Thumbnail for The universal solvent0:27
    The universal solvent
    bestofupgoat
    375 views
    Thumbnail for The nose trick0:16
    The nose trick
    bestofupgoat
    84 views
    Thumbnail for This is what mass migration does to a country. Even the white people get turned into niggers. 0:29
    This is what mass migration does to a country. Even the white people get turned into niggers.
    bestofupgoat
    509 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle