So, if a malicious owner decides to cause gastrenteritis to his customers just for fun, he should be free to do it ? And what if the owner simply doesn't know that his ways of preparing the food are not hygienic ? How can he be honest if he is ignorant ? And who's going to verify the owner's honesty ? Wouldn't we need some inspections ? And wouldn't it be simpler to inspect the food quality instead of the owner's honesty ?
I understand and agree with those concerns. So I'll be more specific about my libertarian vision of bar/restaurant commerce.
Now, I'm not saying that the Health Department should be abolished. (Some libertarians do--and I disagree with them.) I believe having the government inspect restaurants for cleanliness and safety is a good thing, and *I* sure as hell wouldn't want to eat someplace that hasn't passed a health inspection lately.
However, I think if a business fails (or refuses to submit to) an inspection, the government shouldn't shut the place down. Let the business owners run an unsafe, unclean restaurant. What the government should do is, require the place to erect several large signs saying:
"WARNING: The Health Department recommends you avoid this establishment. It has failed to meet basic standards of sanitation, safety, and/or quality. Eating the food here may lead to gastrointestinal discomfort, food poisoning, other illnesses, and death. The owners of this restaurant have decided that asserting their right to run an unsafe, unclean establishment is more important than protecting your health. If you eat here, you do so at your own risk."
I believe the government should work to keep businesses honest. Also, it should aid consumers in making intelligent choices about food, employment, housing, drugs, medical care, etc. However, if the consumer wants to make a stupid, horrible, harmful choice, even after being warned, then that's his or her right.
It's your body; shovel whatever crap into it that you want. Smoke cigarettes. Eat a pound of candy every day. Trepan yourself. Hang out in filthy, smoky S&M bars, and dance barefoot on a spiky carpet of AIDS-infested needles. Waste fifty dollars on a Quantum Karmatic Healing Prayer Chants CD. Whatever. But when you get sick because of your poor choices, don't expect me or the taxpayers to foot your medical bills. You have the right to do what you wish with your body, and you, and you alone, have the responsibility to deal with the consequences of your retarded-ass life choices.
It's similar to the way that the US government is treating many homeopathic remedies. Right now, if I wish, I can go into a drugstore and buy "Stamina RX-- A Maximum Sexual Stimulant!" However, written right on the package is, "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."
Or, on a pack of smokes:
"SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks To Your Health."
Caveat emptor.