Can I buy grocery store bought ice cream and sale it as individual servings (example, in a cone) at my retail store?

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    Note that you will probably need a license from your local health department in order to serve ready-to-eat food, if you don't already have one. They might have requirements about how you store the ice cream to ensure it remains frozen at all times. Buying ice cream at the grocery store and bringing it back in the trunk of your car might not meet those requirements; you might have to have it delivered by a freezer truck. – Nate Eldredge Mar 3 '16 at 4:04

Of course you can; I am reasonably sure that the sandwich shop I just bought my ham and lettuce sandwich from did not grow the grain, bake the bread, churn the butter, slaughter the pig and grow the lettuce.

The only time this would not be allowed is if it was specifically prohibited by the contract under which you bought the ice cream. Such prohibitions do exist, for example, in bags of small confectionary or with OEM software.

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    I always understood the issue with "bags of small confectionery" (e.g. Fun Size candy bars) was not contractual but regulatory. In the US, packaged food products are required to be sold with labels showing ingredients, nutrition information, calorie counts, etc. With Fun Size candy, this information is printed on the outer bag, not on the individually wrapped candies. So you can't sell the candies individually. – Nate Eldredge Mar 3 '16 at 4:02
  • Where are the terms of the contract that regulate what I may or may not do with food purchased at a supermarket? – phoog Mar 3 '16 at 4:37
  • @phoog: The terms of the contract are implied by conduct. It's not a very complex contract: you will pay for the goods, the supermarket will hand over title to the food. The implied contract is silent on whether you can resell the food - so you can. – Martin Bonner supports Monica Mar 3 '16 at 12:51
  • @MartinBonner yet reselling individually wrapped candies is not permitted. How could that be? – phoog Mar 3 '16 at 13:49
  • @phoog: Because that has nothing to do with contract with the supermarket, and everything to do with labelling laws. – Martin Bonner supports Monica Mar 3 '16 at 21:08

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