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r <br /> MINUTES February l, 1996 2 BOARD of HEALTH <br /> Mr. Doherty stated, "Basically, the Massachusetts Law requires any vendor's of <br /> food be it wholesale or retail be licensed.930 "The pose for that is that there is <br /> record of this individual or corporation should problems arise and to inspect the facilities <br /> to ensure that the food is kept 'in a safe manner and handled properly.11) "We did discuss <br /> whether dry ice is suitable versus a refrigeration unit." "We have pretty much come to <br /> conclusion that under the proper conditions of dry ice it's suitable."' "One of the questions <br /> that came to mind is that are you a W-2 employee of Horizon's on's Food or are you a 1099 <br /> independent contractor?" <br /> Mr. Sneider responded, "A 1099 contractor."' <br /> Mr. Doherty relayed, " s a 1 099 independent contractor I don't believe that <br /> Horizon's Foods permits or liabilities would extend to you and therefore it would be my <br /> opinion that you as an individual somewhere, somehow either through the State or <br /> through the towns that you do business that you must be permitted." "It's very clear <br /> that Massachusetts Law requires a vendor of foods to be permitted.'' "You are not <br /> permitted through Horizon's food."" "For you to sell food in M shpee then you must have <br /> a retail permit in Mashpee.' <br /> Mr. Sneider questioned, "Why isn't this required in other towns.'' <br /> MT. Doherty responded, "I don't know and quite frankly the other town's are not <br /> my concern." <br /> MQuaid commented, "'You're buying from a wholesaler and your retailing it <br /> out.,' "You don't work for the wholesaler whereas, were you working for the wholesaler <br /> if something ever happened then we could go after the wholesaler but your an independent <br /> so your rets the food from this wholesaler." <br /> Mr. Doherty stated, "If you were a v-2 employee of Horizon's Food and you had <br /> a regular ay check comm <br /> p g in, the liability, if there ever vas a problem, goes back to <br /> Hori on"s Food and their permit covers you as an employee.�� <br /> Mr. Sneider questioned, "What's involved in obtaining a pe=t` " <br /> Mr. Doherty explained, "-Mr. Evans has inspected you vehicle, apparently you've <br /> got a nice container and the dry ice is a suitable material. <br /> Mr. Evans stated "I would say we would do it under a peddler's license which is <br /> $50.00 per year." <br />