Is it legal to sell branded pies at a food vendor stall?
Say if I wanted to sell Mrs Mac's, Balfour's, Four N Twenty branded buys etc under my own business branded food vendor market stall, example called Pie Fan. Can I do that?
Or would I have to take them out of the packaging? Or ask the manufacturer if I'm allowed to do this?
Ask the good ol' boys drinking whiskey and dry
But I don't have a Chevy.
And the levy is dry..
Obviously the levy is not on the east coast.
You should buy one as a high yield investment.
There's probably nothing against it, but why would you? If you sell a Four n Twenty pie for, say, $5, everyone knows they can get the same for about $1 each in the supermarkets and they're nothing special. You're better off getting unbranded pies from a bakery or distributor. The quality would most likely be better for a similar price because they don't have add the marketing side of the brand to their costs.
yet servos and the footy do this all the time.
The ones at the servo are specifically made for that purpose and are better quality than the ones we buy in bulk at the supermarket though (assuming that's what OP is talking about).
my point was that a lot of people want a hot pie when they're out and about.
they're not going to go oh I'll just head to the supermarket, buy a pie drive home and put it in the air fryer.
sure there's some people that will do this, but OP won't be targetting those customers.
@dasher86: What I was saying was more to do with customers knowing the approximate cost price on a business' products. It's not a good thing, especially if appears that the mark up is many times over the perceived cost price. People don't often think about the labour and other costs associated with running a business. For example, people say things like.. "what the..? I can get that for $5 at [insert place] and these guys are selling for $40!" etc.
@bobbified: This is silly - for example everywhere sells individual canned soft drinks for $3-4, yet you can go to any supermarket and buy a whole 24 pack for $20 (83c each), but nobody complains about that.
@Flying Ace: haha I guess you're right. People complain and whinge but most would still pay the premium.
For drinks, I think it's often the brand that sells it. Not sure about pie brands though.
@Flying Ace: Small restaurants complain all the time because they can't negotiate a better price per can than that with Coke directly.
@AustriaBargain: This. If you pay $4 for a 600ml coke the shop usually pays about $3.30.
Cans aren't $2-3 obviously but the 80c-$1 is likely
They use Vilis in some stadiums in Sydney, and Thompsons in Newcastle.
The ones sold in the servo for example, are still labelled as Four n Twenty branded pies. I'm pretty sure the OP wants to buy say Four n Twenty pies, take them out of the packet and sell them labelled as Pie Fan Pies instead.
Na the servo ones come in that plastic wrap, they would come down on you if they found out you weren’t buying through them
Unless you have a contract with them there isn't really anything the can do. Hence why Coca-Cola isn't closing down Bunnings sausage sizzles left right and centre. If you were rebranding as your own they could make a case that you were devaluing there brand, not sure if there is a test case or not but it is a reasonable argument. Selling your own as their brand is of course right out.
@Krankite: Bunnings though is volunteer; but yeah I’d imagine it’s just bad practise and the wholesale price should be cheaper anyway
@DemocracyManifest: Wholesale agreement's as a whole are better than buy retail but they aren't as simple as a price per can, sometimes you woolies per can price may be better but it's only part of the deal which is why brand's crack down on it.
Well because they can be frozen, keeping all those different brands of frozen pie in inventory shouldn't be a big issue. OP could also sell fresh pies sources from somewhere else too, maybe a local bakery that's willing to supply them wholesale, give people the choice.
Or Packaging, which is a huge chunk of the wholesale price.
There's a difference between buying a pie, taking it home, then eating it, and grabbing a hot pie for a quick bite.
The advantage of leaving them in the wrapper is they won't dry out as quickly in the oven.
NCIS: Who Ate Made All The Pies
I used to help run a canteen at my kids sporting venue. We purchased frozen pies in bulk from Vilis and sold them to club members and other random members of the public for profit. Don't see what the difference is.
Try Vilis, Thompsons or Garlos.
Is It Legal to Sell Branded Pies at Your Pie Stall if You Don't Own That Brand?
Yes, if you own them, and if you meet all you council's regulations regarding selling food.
Say if I wanted to sell Mrs Mac's, Balfour's, Four N Twenty branded buys etc under my own business branded food vendor market stall, example called Pie Fan. Can I do that?
Your store 'Pie Fan' can sell Mrs Mac's, Balfour's, Four N Twenty branded pies, but you can't pass them off as your own brand. ie you can't take a Mrs Macs pie and pretend you made/selling it as "Pie Fans beefy Pie". You can sell a Mrs Mac's Beef Pie for example in your 'Pie Fan' store as long as its still labelled as Mrs Macs Beef Pie. Basically think what servos/convenience stores do etc.
Otherwise Mrs Mac's legal team might come knocking :)
You may also have trouble negotiating wholesale prices if you are selling brand's from multiple companies. I can see it possibly working after all specialty confectionary shops can manage to sell sugar water for $5 a bottle.
Ampol sites use branded pies, but quite often take them out of the packet at some sites.
Ampol sites use branded pies, but quite often take them out of the packet at some sites.
It was an example for the OP to relate not, not a black/white rule.
a black/white rule.
If you can buy them, you're fine to resell them as is.
It's covered by what I believe is called the First sale doctorine.
They would come down on you if they found out you weren’t buying through them. Most companies have area managers/sales reps for this type of thing and it’s big business, you often see them come into cafes, your local shops, Coles/Woolies, Liquor stores. Even Bega Cheese have Reps that go around and make sure their product is placed where they have paid to put it. Much like either a store stocks either Coke and Pepsi…
Not to mention they may use 'mystery/shopper' companies to check how much stock there is.
What do you think "come down on" is?
If op bought the pies at woolies and sells them at their pie cart, all four and twenty could do is say please don't.
Assuming op isn't being misleading or something.
Is it legal to sell branded pies at a food vendor stall?
Well that's what businesses do, right? Buy stock and advertise it at their own shopfronts? As you long as you aren't taking them out of the packet and saying that you've made them, there shouldn't be an issue with this IMO.
Considered acquiring the required food handling licences and make your own pies to sell?
Given the choice of a gristle and gravy brand name pie and a genuine home made pie I know which I'd choose even though they would be more expensive.
OP still needs the licences regardless. They are selling cooked food.
I think some use the loophole of leaving the centre frozen.
Is that a trick question?
You need to make it clear that they are what they are.
It doesn't sound like a winning business model.
Forget branded. Speak to your local baker (that makes their own pies). A mate used to run a cappucino van many years ago. He would get the pies for a comparative bargain and sell them for a handsome markup, but not an unreasonable price. The pies were far batter than your 4n20/Vili/etc, and came with variety. Your customers will appreciate your quality pies.
Some crazy speculation in this thread.
Op, you can sell what you want.
Don't be misleading, respect others intellectual property (e.g. don't make a sign with another company's logo without their permission) and comply with safety regulations, but otherwise, go nuts.
The Federal Pie Act 1986 was introduced by John Howard to punish people who do what OP suggests. Section 48a -"2years or 300 penalty units for any persob selling branded pies when not holding intellectual, license, or other rights embodied under both the Copyright Act and Natoonal Standards Trading Act."
In 1986 Bob Hawke was Prime Minister and there is no way he would let such a law pass, he was Beer Guzzlin' Pie Smashin' Aussie. R.I.P Bobby
yeah yeah nah.
how do you think Howard became PM in 1996 ? because Big Pie bought him the election due to his legislative "assistance" 10 years prior
NO….. certainly NOT!
That's like selling a Toyota but you changed the badge to Joe's Auto.
It is illegal. Contact a govt body and get more information.
I can't imagine why you wouldn't be able to. Isn't that how 99% of retail stores operate? Afaik if you own something you can sell it.