When it comes to barbecue, trust but verify

[corbe]

When it comes to barbecue, trust but verify

By Sid Miller,  May 23, 2017

“Differing weights and differing measures, both of them are abominable to the Lord”

—Proverbs 20:10

As Texans know, when the Legislature comes to Austin every two years, there is an avalanche of new laws and regulations that flows out of the Capitol. Most are pretty good and some are not. Some end up on the evening news, most do not. As Texas Agriculture Commissioner, I want to tell you about one bill that every Texan should know about because it affects something close to our hearts: BBQ.

House Bill 2029 by state Rep. J.M. Lozano, R-Kingsville, is on its way to Gov. Greg Abbott and needs to be stopped. This bad bill gives places like BBQ joints a license to steal by exempting them from state consumer protection laws designed to protect Texans like you and me.

Right now, state law says that any business that uses a scale in a commercial transaction must have that scale checked by the state for accuracy, and must have the scale where it can be seen by the public. When you go and buy a pound of brisket from that corner BBQ restaurant, you can rest assured the scale they use will be accurate and where you can see it. It prevents any dishonest business owner from putting their thumb on the scale and ripping us off.

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https://www.tribtalk.org/2017/05/23/when-it-comes-to-barbecue-trust-but-verify/?_ga=2.198262511.157328304.1495568071-853127467.1480034752

[thackney]

https://gov.texas.gov/contact/

[anubias]

I don't see the point of having the state calibrate the scales. Texans have bought enough BBQ to recognize a pound. If my BBQ looks short and I am unhappy about it, I have the option to tell them to keep their BBQ.  I would think any business cheating their customers would go out of business, unless the BBQ was just that damned good. If it is, then I'd order double anyway to ensure there is plenty to go around.

[thackney]

Sec. 13.1002.  EXEMPTION OF CERTAIN WEIGHING OR MEASURING
    DEVICES. Notwithstanding any other law, a commercial weighing or
    measuring device that is exclusively used to weigh food sold for
    immediate consumption is exempt from this subchapter, including the
    inspection requirements under Section 13.101 and the registration
    requirements under Section 13.1011.

http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB02029I.htm

So the rule is different from the same place of business if I eat it there or take it home for later?

[Elderberry]

http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB02029I.htm

So the rule is different from the same place of business if I eat it there or take it home for later?

I think the rule was targeted to BBQ Cookoffs so that the teams wouldn't have to have certified scales. Not so much for the brick and mortar BBQ restaurants.

[roamer_1]

unless the BBQ was just that damned good. If it is, then I'd order double anyway to ensure there is plenty to go around.

I can see that. When it comes to good BBQ, Twice as much is never enough anyhoo.

[thackney]

I think the rule was targeted to BBQ Cookoffs so that the teams wouldn't have to have certified scales. Not so much for the brick and mortar BBQ restaurants.

I could see that aspect applied, but that wasn't how it was written.  They exempted everyone selling that way.

[Elderberry]

I could see that aspect applied, but that wasn't how it was written.  They exempted everyone selling that way.

I have seen people buy BBQ by the pound to eat immediately in the restaurant, but I think they are the exception. Most people, I think, order a plate or sammich, and those don't get weighed.

[thackney]

I have seen people buy BBQ by the pound to eat immediately in the restaurant, but I think they are the exception. Most people, I think, order a plate or sammich, and those don't get weighed.

Depends on the restaurant.  There are a couple around here where I see it commonly done.

[thackney]

I have seen people buy BBQ by the pound to eat immediately in the restaurant, but I think they are the exception. Most people, I think, order a plate or sammich, and those don't get weighed.

Do BBQ cookoff teams normally sell by the pound at the competition?

[Elderberry]

Do BBQ cookoff teams normally sell by the pound at the competition?

idono

[thackney]

idono

I don't think they do normally do.  I've never seen pricing by the pound at any I have attended.  I've always seen tickets sold separately from the individual teams; then the tickets are exchanged at the team booth for a serving/sample.  Winners are either ranked by judges or measured by the amount of tickets received.

I have more doubts this loophole in the law is being created for cookoff teams.

[Elderberry]

@thackney

Looks like U may be right.  More info:   http://mix931fm.com/your-bbq-is-about-to-be-legilsated/

The Texas Restaurant Association has gotten behind Representative Lozano’s Bill. Explaining the bill’s intent,

    “HB 2029 will exempt establishments that serve food for immediate consumption from the requirement that certified and registered scales be maintained in an establishment that serves food by weight. Establishments that sell fresh produce, food by bulk, or other food not served for immediate consumption would not be exempt from this legislation.”

So why all the fuss? Well, that’s where Operation Maverick comes in. The Texas Department of Agriculture began cracking down on BBQ restaurants and their non-compliant scales in 2015. This action has led the TRA and some restaurants to advocate change.

The proposed law would eliminate the need for registered scales at places that sell the food for immediate consumption, but not delis and butchers. Critics of the bill, feel that this would be an opportunity for restaurants to tamper with the scales and potentially rip the customer off.

The TRA feels that, “Requiring scales to be visible to consumers could force a restaurateur to incur substantial costs to redesign pay stations, countertops, or service areas to accommodate a scale.”

[thackney]

@thackney

Looks like U may be right.  More info:   http://mix931fm.com/your-bbq-is-about-to-be-legilsated/

The Texas Restaurant Association has gotten behind Representative Lozano’s Bill. Explaining the bill’s intent,

    “HB 2029 will exempt establishments that serve food for immediate consumption from the requirement that certified and registered scales be maintained in an establishment that serves food by weight. Establishments that sell fresh produce, food by bulk, or other food not served for immediate consumption would not be exempt from this legislation.”

So why all the fuss? Well, that’s where Operation Maverick comes in. The Texas Department of Agriculture began cracking down on BBQ restaurants and their non-compliant scales in 2015. This action has led the TRA and some restaurants to advocate change.

The proposed law would eliminate the need for registered scales at places that sell the food for immediate consumption, but not delis and butchers. Critics of the bill, feel that this would be an opportunity for restaurants to tamper with the scales and potentially rip the customer off.

The TRA feels that, “Requiring scales to be visible to consumers could force a restaurateur to incur substantial costs to redesign pay stations, countertops, or service areas to accommodate a scale.”

Thanks for searching out that info.

The bold part reads like this is a new requirement.  It is not.  It just hasn't been enforced as strickly as they finally have been since 2015.

I have not been to BBQ restaurant that sold by the pound, and did not have the scales up at the register.  Maybe for some food trucks this is an issue, but I don't see this as unreasonable.

Treat them all by the same rules.  No special exemptions.