• [ 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:1407
@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
    Thumbnail for Remy: Banana (Free Trade Camila Cabello Havana Parody)2:22
    Remy: Banana (Free Trade Camila Cabello Havana Parody)
    ReasonVids3
    1208 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    238 views
    Thumbnail for Nigger destroying the Office for Foreigners in the city of Magdeburg, Germany. He wasn't even arrested. 0:43
    Nigger destroying the Office for Foreigners in the city of Magdeburg, Germany. He wasn't even arrested.
    bestofupgoat
    831 views
    Thumbnail for 🔴Live : Arsenal vs Chelsea I English Premier League 2025 Season Full Match Live Now eFootball Pes 21 | Munna9:52
    🔴Live : Arsenal vs Chelsea I English Premier League 2025 Season Full Match Live Now eFootball Pes 21 | Munna
    invidious1
    535 views
    Thumbnail for Run0:13
    Run
    bestofupgoat
    721 views
    Thumbnail for Live Well Because We All Owe the Universe a Death | Live From The Lair20:40
    Live Well Because We All Owe the Universe a Death | Live From The Lair
    Terrence Popp
    801 views
    Thumbnail for Biden gets fact checked on Twitter0:40
    Biden gets fact checked on Twitter
    bestofvoatxyz
    1228 views
    Thumbnail for me wondering what the banana posts are about1:12
    me wondering what the banana posts are about
    bestofvoatxyz
    816 views
    Thumbnail for If We Do Nothing: Sam Francis, RIP10:21
    If We Do Nothing: Sam Francis, RIP
    AmericanRenaissance
    1167 views
    Thumbnail for Coach Boo’s Multi Jump Circuit | Joel Bernard2:17
    Coach Boo’s Multi Jump Circuit | Joel Bernard
    invidious1
    383 views
    Thumbnail for Wakanda: The Perfect Ethnostate?7:30
    Wakanda: The Perfect Ethnostate?
    AmericanRenaissance
    1930 views
    Thumbnail for The Mystery of the Missing Baby Formula4:07
    The Mystery of the Missing Baby Formula
    ReasonVids
    1292 views
    Thumbnail for Great Moments in Unintended Consequences (Vol. 8)2:33
    Great Moments in Unintended Consequences (Vol. 8)
    ReasonVids
    1400 views
    Thumbnail for [WR] Parkour Spiral 3 Speedrun in 18:42 | Zorty19:01
    [WR] Parkour Spiral 3 Speedrun in 18:42 | Zorty
    invidious1
    1132 views
    Thumbnail for Hot Air's Ed Morrissey on Not-So-Radical Republicans and Life Outside the Beltway8:04
    Hot Air's Ed Morrissey on Not-So-Radical Republicans and Life Outside the Beltway
    ReasonVids3
    1208 views
    Thumbnail for Их обстрел везде поспел. Ну, ЗАЭС, погоди! До свидания, танчики. Прощание с Трампомаском | Шейтельман1:39:40
    Их обстрел везде поспел. Ну, ЗАЭС, погоди! До свидания, танчики. Прощание с Трампомаском | Шейтельман
    invidious
    415 views
    Thumbnail for You’re Not Husband Material? Good! | Popp Culture28:18
    You’re Not Husband Material? Good! | Popp Culture
    Terrence Popp
    1367 views
    Thumbnail for Too Much Copyright8:57
    Too Much Copyright
    ReasonVids3
    1567 views
    Thumbnail for How would school choice work with special needs kids?2:34
    How would school choice work with special needs kids?
    ReasonVids
    1705 views
    Thumbnail for No One Is Above The Law1:29
    No One Is Above The Law
    bestofupgoat
    484 views
    Thumbnail for Well seasoned ethnic food0:21
    Well seasoned ethnic food
    x0x7
    559 views
    Thumbnail for Time for round two in 2024 lol6:38
    Time for round two in 2024 lol
    bestofvoatxyz
    1165 views
    Thumbnail for One Lifetime (feat. Sebastian Reyman)4:07
    One Lifetime (feat. Sebastian Reyman)
    Darude.topic
    313 views
    Thumbnail for AI too smart for jews5:30
    AI too smart for jews
    bestofupgoat
    742 views
    Thumbnail for The pogue relaxed0:43
    The pogue relaxed
    bestofupgoat
    370 views

points

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