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I suppose it's possible that herpes could be transmitted through vegetables, but I'd be surprised.

As far as legal recourses go, you could certainly try suing a homeless man to recover medical costs, but remember that he's homeless and probably doesn't have a lot of assets.

Also, remember that you didn't pay him a wage that would be considered a legal wage, so the end result would probably be that the Department of Labor, Wages and Hours Division would make you pay him back wages and also fine you. If you pay promptly, you'll probably avoid jailtime.