By JASON TIDD

Staff writer

Diners hoping for a slice of pie may have found a not-so-sweet surprise at some October meals: no pie at Pop’s Diner — not apple, cherry, pecan or pumpkin.

Pop’s owner Tim Peterson said the restaurant was without its pie-maker after an employee quit. They turned to a woman in the Peabody community for fresh, homemade pies to feed customers’ appetites for dessert.

The problem? She made her homemade pies at home.

A Kansas Department of Agriculture health inspector cited the diner with a violation for the only two pies she made.

State health code 3-201.11(B) states, “Food prepared in a private home may not be used or offered for human consumption in a food establishment.”

Peterson said he did not think about the health code before arranging for homemade pies.

“That was the key right there, small town perspective,” he said, “and I didn’t think about the actual rules until after (the inspector) said that, and it was like, ‘Oh yeah, I should know that.’”

The community woman did not want to make pies full-time, Peterson said, so the diner was without pies for about a week while waiting for orders from Chef Pierre.

The two homemade pies were taken home for personal consumption.

Peterson said no one noticed a lack of pies, let alone a difference between ordered and diner-produced pies — or at least they never said anything to him.

A follow-up inspection Oct. 24 found no violations.