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Just Said Yes May 2020

Not allowed to take cake/food home from the wedding?

Donald, on January 24, 2020 at 11:02 AM Posted in New Jersey Planning 0 5
So we asked the venue if we could have the cake boxed and sent home from the wedding as there will be other desserts offered at that time and they said that we can’t due to NJ Health and Safety laws. This doesn’t make sense. Is anyone familiar with this or had the same issue? I’ve been able to take good home from other weddings that I’ve been to.

5 Comments

Latest activity by Kari, on February 5, 2020 at 10:28 AM
  • John Smith
    Expert February 2015
    John Smith ·
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    Did some research. Found New Jersey Administrative Code (NJAC) 8:24 Sanitation in Retail Food Establishments And Food and Beverage Vending Machines.


    N.J.A.C 8:24-3.3(p) (on page 19) states, "Requirements for refilling returnables follow:
    1. A take-home food container returned to a
    retail food establishment shall not be refilled at
    a retail food establishment with a potentially
    hazardous food.
    2. A take-home food container refilled with
    food that is not potentially hazardous shall be
    cleaned as specified under N.J.A.C. 8:24-4.6
    except as specified in (p)3 below.
    3. Personal take-out beverage containers, such
    as thermally insulated bottles, nonspill coffee
    cups and promotional beverage glasses, may
    be refilled by employees or the consumer only
    if refilling is a contamination-free process as
    specified under N.J.A.C. 8:24-4.2(m)1, 2 and
    4."


    N.J.A.C 8:24-4.2(m)1, 2, and 4 talks about " equipment that dispenses or vends liquid food
    or ice in unpackaged form" so that does not apply to you.


    In N.J.A.C 8:24 3.3(y) is states:

    "Requirements for returned food and reservice of food include the following: 1. After being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption, except as specified in (y)2 below. 2. Except as specified under N.J.A.C. 8:24- 3.7(a)2, a container of food that is not potentially hazardous may be transferred from one consumer to another if: i. The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or ii. The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition. "


    I don't think they have a legal argument here, but you should ask them where that specific legal language is in the State's administrative code.


    Here's the link to the chapter:

    https://www.state.nj.us/health/ceohs/documents/food-drug-safety/chapter24_effective_1207.pdf

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  • Lena
    Devoted May 2021
    Lena ·
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    Did you sign a contract? it's usually stated in there. Ours specifically said no food or drinks can be brought in or out.

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  • Cyndy
    Master May 2019
    Cyndy ·
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    This doesn’t make any sense to me. You can take home food from any restaurant. I would ask for more information on that. You are paying for all of it and you should get the leftovers. We got married in FL and they boxed everything up for us to take.
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  • Suzanne
    Dedicated July 2021
    Suzanne ·
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    While it wasn't in New Jersey, my brother's wedding caterers in Texas had a similar policy. What made their action egregious was that they purposefully brought out small portions to the buffet to trick people into thinking there wasn't enough food at the wedding when really they had TONS of it in back. It was really rude that guests had to track down servers for more food from the buffet when my brother paid over $100 per plate. My cousin had a similar issue where the caterers threw away the $900 cake because they thought it was an empty box but it was really the wedding cake that was delivered! My cousin was pretty angry that there was no cake at their wedding!

    I guess these are exceptional cases, but because of it I don't trust caterers at all, and I suspect I will have similar troubles with my wedding (even though the catering is provided through the venue).

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  • Kari
    Master May 2020
    Kari ·
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    Some states have laws about bringing your own containers to bring food home, but you should be able to take food home in containers they provide, or sterile, brand new, never used containers. There is absolutely no reason I can think of why food shouldn't be able to leave the establishment.

    I would ask for further clarification on this.

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