What's an effective way to promote a food product in BA?

[steveinbsas]

I wonder why would anyone sue me specifically for not being registered?

While it seems highly likely that one of your customers would sue you, anyone can make a denuncia to AFIP.

I've made a few denuncias to Mercado Libre when shopping for items like cell phones and the seller advertises payments without interest (when paying by credit card using mercado pago) and the text of the ad reveals they accept only cash. I hate wasting time reading false ads when I searched specifically for sellers offering 18 monthly payments without interest and free delivery.

A cheesecake is a far cry from a cell phone, but the more you promote your product, the more likely you are to be detected.

Don't get me wrong, I wish I could feel comfortable and safe enough to operate legally, I just don't. I'm scared.

If you're uncomfortable about operating legally, may I respectfully suggest you check out the consequences for not doing so?

I've heard of some very large fines levied on some very small businesses for not being completely legal and I've seen the doors to a remise taped shut for not having a restroom for clients and employees in their local (in Belgrano), even though hardly any clients ever waited there for a car.

I know it's "legal" for an individual to sell items (including commercially packaged foodstuffs) on line through Mercado Libre, but there is a limit on the quantity of items that can be sold monthly without paying the appropriate taxes to AFIP. I know ML figures. collects those taxes from the seller and pays them to AFIP. The last time I checked the limit of non-taxable sales per month was twenty, but I've sold less than ten items in the past five years. The monthly limit could be higher now.

I don't know if you can sell homemade cheesecake on Mercado Libre, but it shouldn't be too difficult for you to find out.

Even if you double your business on Mercado Libre and generate some tax obligations, it should be easy to take care of them and not worry about AFIP, but you might have a problem with other regulatory departments if they ever discover that you are making the cheesecake at home

 

[steveinbsas]

PS: Selling an "unregulated" product for human consumption could also lead to insurmountable problems if anyone claims it make them sick.

PS2:...or even sicker in the case of cheesecake for diabetics (even if isn't true).

 

[expat0tree]

PS: Selling an "unregulated" product for human consumption could also lead to insurmountable problems if anyone claims it make them sick.

PS2:...or even sicker in the case of cheesecake for diabetics (even if isn't true).

well, such can be the case even if the product is perfectly regulated, we are talking about people mentally predisposed to take legal action at the slightest imaginary whim. My cheesecakes are technically keto, meaning relatively low on glycemic index for not containing any flour nor sugar so diabetics notice the difference right away, most of them have a sweet tooth to begin with and appreciate not getting the sugar rush.

yeah so the risk is there, but what can i do? i feel like either going overkill by sourcing a lawyer even before i barely sold anything, or simply keeping it low key like you said maintaining that monthly quota through my MercadoPago system.

By the way I do not take cash, like it was in the case of your vendedor on mercado libre, all orders go through my MercadoPago account, nor do I take any responsibility for deliveries precisely because I do not trust the delivery people to deliver properly on time without taking a break and ruining the cake. So far, the purchasers picked up their cakes and stuck them in the fridge upon arrival, no complains, people even tagged me a few times on Instagram, totally satisfied.

 

[MatameBA]

I'm not a lawyer so don't take my advice...

But seriously people.

Is everyone selling edible goods at these street ferias following all food safety regulations? Are all of those "vianda" delivery services on Instagram up to code? Is that Venezuelan selling brownies in the Subte reporting their income to AFIP?

Think about it:

Is it really worth the govt's time and resources to go after someone selling a few cheesecakes a week? Even in Argentina they have bigger fish to fry.

Look, if you discover there is a major demand for keto cheesecakes and that you want to take this seriously, THEN you can figure out the red-tape.

But again, I'm not a lawyer so pay no mind to anything I just said

 

[Neil]

And dont forget, that highly regulated food delivery service ....Glovo,Rappi ...I'm sure they maintain your take out in optimum food storage temps..during transit!

 

[semigoodlookin]

A family member has been selling cakes and other such items from her house without regulation for years. She made 32,000 pesos clear profit in the two weeks leading up to Christmas.

That said, however you look at it, there is obviously a risk to operating a business outside the law. The chances of anything happening or authorities coming after you (someone selling a few cheesecakes) are slim, but not impossible. The advice you have been given here is good by other members is good.

 

[Bajo_cero2]

I appreciate your responses, this is interesting, I wonder why would anyone sue me specifically for not being registered? And what does "above board" mean?

Don't get me wrong, I wish I could feel comfortable and safe enough to operate legally, I just don't. I'm scared.

Nobody is attacking you.
The answer is simple. Competition is going to denunciate you. This is why it is important to full fit the legal requirements.
If one of your clients gets intoxicated by some other product, the sights are going to be on you because of the lack of minimum basic legal standards because nobody cares what do you think of believe about your higiene or quality, it only matters what police and the judge says. Negligence offenses are configured for regulatory breaches of hygiene standards such as, for example, that countertops and walls are clad in stainless steel or that all pots and pans are of the same material. A causal relationship is not sought.

If you do not have DNI, only the immigration fines are half million pesos the first time, double the second.

You can continue working at home. A lot of people do. But your question was regarding to grow. Then you need the proper registration.

 

[Girino]

There is plenty of locals selling food on FB (viandas, cakes, salads, you name it). If yours are flour-free, you can try advertise on celiac groups.
If you can make a dairy-free one suitable for vegans, there are several vegan groups, too. Unlike here, on FB the locals are not much worried by your business situation.
They look stunning, by the way!

 

[expat0tree]

Nobody is attacking you.
The answer is simple. Competition is going to denunciate you. This is why it is important to full fit the legal requirements.
If one of your clients gets intoxicated by some other product, the sights are going to be on you because of the lack of minimum basic legal standards because nobody cares what do you think of believe about your higiene or quality, it only matters what police and the judge says. Negligence offenses are configured for regulatory breaches of hygiene standards such as, for example, that countertops and walls are clad in stainless steel or that all pots and pans are of the same material. A causal relationship is not sought.

If you do not have DNI, only the immigration fines are half million pesos the first time, double the second.

You can continue working at home. A lot of people do. But your question was regarding to grow. Then you need the proper registration.

I do have DNI, I'm a permanent resident of Argentina, without it I wouldn't be able to charge customers through PagoFacil, no cash accepted.

 

[Bajo_cero2]

I do have DNI, I'm a permanent resident of Argentina, without it I wouldn't be able to charge customers through PagoFacil, no cash accepted.

In that case you should know that to break the law allows immigration to deport you cancelling your PR.