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consignment agreement including food safe glaze clause???

updated fri 21 sep 07

 

Linda R Hughes on wed 19 sep 07


Hi All,
A new life has begun for me as part owner of a gift shop specializing in
handmade ceramics created by folks in Whatcom county, WA.
We are planning to rewrite our consignment contract and are thinking
of including a clause pertaining to food safety of glazes used on
utilitarian items.
Any suggestions?????
Thanks, Linda


Linda R Hughes
lrhughes.akamamahug@yahoo.com
or mamahug@yahoo.com

May you always be blessed
with a sense of wonderment

Lynn Goodman Porcelain Pottery on wed 19 sep 07


On Sep 19, 2007, at 6:42 PM, Linda R Hughes wrote:

> Hi All,
> A new life has begun for me as part owner of a gift shop
> specializing in
> handmade ceramics created by folks in Whatcom county, WA.
> We are planning to rewrite our consignment contract and are thinking
> of including a clause pertaining to food safety of glazes used on
> utilitarian items.

Hi Linda,

Most potters do make work that is food safe. They'd quickly go out of
business if they didn't! A question to the potter should cover this;
I don't believe that it needs to be part of the contract. If a potter
doesn't know, or won't tell you, you don't want their pots anyway.

Lynn

Lynn Goodman
Fine Porcelain Pottery
Cell 347-526-9805
www.lynngoodmanporcelain.com

John Hesselberth on wed 19 sep 07


On Sep 19, 2007, at 6:42 PM, Linda R Hughes wrote:

> A new life has begun for me as part owner of a gift shop
> specializing in
> handmade ceramics created by folks in Whatcom county, WA.
> We are planning to rewrite our consignment contract and are thinking
> of including a clause pertaining to food safety of glazes used on
> utilitarian items.
> Any suggestions?????
> Thanks, Linda

Hi Linda,

Congratulations! What an exciting new venture for you.

I strongly support your consideration of clause regarding food
safety, but there are a couple problems. In the U.S. "food safe" is a
pretty low standard. The FDA only requires low release of lead and
cadmium. So a glaze can contain both and still be food safe legally.
It can also release loads of barium or copper or other undesirables
and be labeled as food safe.

I would suggest instead you broaden your clause to something like
"potter warrants that any pot designed or likely to be used for food
meets the FDA limits for toxic metals release and, in addition, will
withstand extended exposure to acidic foods and dishwashing detergent
without fading in color or dulling of the surface gloss." I have not
the slightest idea whether or not that would hold up in court (I am
not a lawyer and don't play one on TV), but I bet it would cause the
potters to be pretty careful about what they offer to you.

Good luck on your new gift shop.

John

lela martens on thu 20 sep 07


> > A new life has begun for me as part owner of a gift shop> > specializin=
g in> > handmade ceramics created by folks in Whatcom county, WA.> > We are=
planning to rewrite our consignment contract and are thinking> > of includ=
ing a clause pertaining to food safety of glazes used on> > utilitarian ite=
ms.> > Hi Linda,> > Most potters do make work that is food safe. They'd qui=
ckly go out of> business if they didn't! A question to the potter should co=
ver this;> I don't believe that it needs to be part of the contract.=20
=20
Hi,
One would think so Lynn, but it ain`t necessarily so. I have seen barium g=
laze
on the insides of tumblers by a well known potter in a tourist gallery.
I have seen raku bowls by experienced and newbie raku potters without a wo=
rd or a label
here and in Europe.=20
I think a clause in a contract is a good idea.
Best wishes from Lela who will be the fly in the ointment again at the next=
guild
meeting to get that friggin `microwave and dishwasher safe` sighn down.
=20
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