[Ansteorra-chirurgeon] Waterbearing Law clarification

[Aingeal]

Greetings,
I was asked to repost this at the waterbearing discussion at Pennsic.
Please feel free to forward to any list as long as you forward the entire
post. 
 
In Service to Ansteorra,
HL Aingeal Mac an Ghabhann
Kingdom Waterbearer
 

  _____  

From: Aingeal [mailto:clan_mac at charter.net] 
Sent: Wednesday, June 18, 2008 4:41 PM
To: Ansteorra WB; ansteorra at ansteorra.org; ansteorra-chirurgeon;
SCA-Chirurgeon at yahoogroups.com; SCA-Waterbearers at yahoogroups.com
Subject: Waterbearing Law clarification


Greetings,
     Let me see if I can give everyone a little more background. The SCA is
having to deal with compliance to the federal and state laws.  This is not
about liability of law suits.  This is about being held accountable for an
investigation, such as the bad press and cost that can occur. In Texas we
would have to pay for the cost of the investigation including lab work. In
the states I have looked at, an individual is recommended to follow standard
sanitation but is not liable to the sanctions of the Health Department.  The
only one who can come in if there is a problem is the Center for Disease
Control and by the way they can come into a private home if certain
illnesses appear.  But they only look to stop the problem and to try to
prevent a reoccurrence, there is no cost to the individual.  As you look at
feast, that is an individual who volunteers to do it, no official warrant
making them an officers of the corporation while in this capacity.  
    The biggest change that affected waterbearing is the change in 2005 to
the Federal Food Code on their definition of Food Establishment which I have
quoted below.  Some states have not changed their definition to reflect this
at this time, but that does not change the fact that Corpora requires us to
follow all laws.
    While I enjoy my job as Kingdom Waterbearer, I took an oath to protect
the Kingdom and the Society. So if this is what is necessary I will do
waterbearing as an individual looking after my SCA friends and family. I did
it 20 plus years ago and I can do it now. We used to put donation cans out
on the tables. When I have needed donations to provide what the fighters
wanted, they stepped up and gave money. Please do not see this as end to
waterbearing just a possible change in how we do things.  
   I am not a lawyer, but I worked in state and federal compliance for water
and food safety.  I knew which rules applied and where to find them when I
worked on our Kingdom Handbook.  I spent hours researching to make sure that
the book I wrote would cover both states in Ansteorra.  Please feel free to
contact me if you have questions 817-480-2444.   Please feel free to cross
post. 
 
HL Aingeal Mac an Ghabhann
Kingdom Waterbearer Ansteorra
 
(2) "Food establishment" includes: 

 

(a) An element of the operation such as a transportation vehicle or a
central preparation facility that supplies a vending location or satellite
feeding location unless the vending or feeding location is permitted by the
REGULATORY AUTHORITY; and 

 

(b) An operation that is conducted in a mobile, stationary, temporary, or
permanent facility or location; where consumption is on or off the PREMISES;
and regardless of whether there is a charge for the FOOD. 

 

 
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