Food Marketplace Critical Provisions

Essential clauses for food and perishable product marketplaces

Food Safety Disclaimers

Liability Protection

Disclaim responsibility for food safety and handling by third-party sellers. Establish platform as intermediary, not food producer or handler.

Perishable Shipping Terms

Delivery Risk

Define shipping requirements for perishables, cold chain maintenance, and delivery timeframes. Address spoilage risk and responsibility during transit.

Allergen Disclosure Requirements

Health & Safety

Require sellers to disclose allergens (FDA Big 9). Define platform's role in allergen information accuracy and user responsibility to verify.

California Prop 65 Warnings

CA Compliance

Include Prop 65 warnings for California sales. Many food products contain listed chemicals. Significant penalty exposure for non-compliance.

Local Health Regulations

Regulatory Compliance

Require sellers to comply with local health department requirements, cottage food laws, and food handling certifications as applicable.

Seller Certifications

Quality Assurance

Require sellers to maintain appropriate food safety certifications, permits, and insurance. Define verification procedures and platform liability limits.

Standard Legal Provisions

Essential clauses required in all Terms of Service

Agreement to Terms
Limitation of Liability
Dispute Resolution
Indemnification
Return & Refund Policy
Governing Law
Platform Role
Account Termination

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