Cake Decorating Community - Cakes We Bake

Can you please tell me what states / counties you live in and the limitations you have on your home decorating?

 

I am taking up the fight in Wisconsin to try and implement a level of licensing called "Professional Home Baker".  Rather than starting from scratch, I'd like to review other states' / counties' laws.

 

I read all the discussions about the member who got called by the Health Department (uh, yep, that was me).  I understand that it is for the safety of the general public that Health Department's inspect commercial kitchens.  When I go into a restaurant that deals in massive amounts of different kinds of foods, I like knowing someone has their eye on them.  That they aren't storing raw meat over their tossed salad.  I get it.

 

Here's my problem.  Did you know that in Wisconsin, you can provide daycare for up to 3 children without being licensed by the state? You can advertise in the newspaper and everything.  Nobody checks up on you.  The people who drop off their kids make the educated decision to pick you to watch their children.  These same people, however, cannot make the educated decision to choose me to make cupcakes for their kids' birthday party because nobody has come in and wiped a white glove over my counters.  That seems a little off-kilter to me.  The general well-being of children in a daycare situation is not as important as a batch of cupcakes.  Hmmmmmmmm.

 

That said, if it's a matter of paying my taxes and licensing fees - sign me up!  I'll pay them!  I have no problem with letting Uncle Sam have a portion of my very eager earnings.

 

I've taken the ServSafe Food Manager's class and passed the test with flying colors.  I even got my Food Manager's license.  I work alone.  I work in a clean kitchen in a smoke-free home.  My friends and family who order cakes from me know they are going to get a safe product (it's kind of a running joke among my friends that I'm so anal about throwing things out the day they expire) that tastes good.

 

I can't afford to go commercial.  I can't even afford to lease space from an existing kitchen because I live in a town where I if I charge too much for cakes I won't have any customers.  I do it because I love it.  My friends come to me because they trust me. 

 

O.K. - I'm done with my rant.  I'm still looking for the information I asked for in the first sentence. LOL. :)

 

 

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Eileen - have you seen this? http://www.cakeswebake.com/forum/topics/legal-home-bakeries-a-state

I'm about to start the process here. The church I attend has agree to let me use the kitchen there in exchange for keeping it clean. What a deal!
Deah - I thought about using a church kitchen too, but the issues I have are 1) I have a LOT of equipment that would need to stay at the facility (you can't bring your stuff in and out and still be "legal" - it needs to be under controled health circumstances) and I'm leery of leaving my stuff where the volume of people who move in and out of a church kitchen can get to it 2) Where do I store my elements that need several days to harden (fondant, gumpaste, etc.) - see #1 for concerns about people; 3) What happens if I have a wedding cake to do and someone dies and they need to use the kitchen for the luncheon??

I hope the church thing works out for you, though! Maybe regarding the equipment it's different in your state - but here everything used must stay on premises. UGH.
Hi Eileen,
You are right about the outrageous costs to rent a commercial kitchen, not to mention the fee for licensing, and typically the health deptartment charges an hourly rate to do the initial inspection on top of the license fee.

Wyoming has a Cottage Food Amendment which allows for limited non-potentially hazardous foods to be made in a home kitchen. I am not sure if there is a cap on the amount of money that can be made. I thought I read it somewhere, but it isn't on this attachment I am going to post for you.

There are about 25 states that allow for home baking in some fashion. Here is a link to the list of states with a Cottage Law: http://homebasedbaking.com/knowledgebase/cottage-laws

You can go to each state's Department of Agriculture and search "cottage law." Most of them have the amendment or bill posted.
Attachments:
Thank you so much, Lisa. That is very useful information! I appreciate you taking the time to respond. :)

Lisa Seidling said:
Hi Eileen,
You are right about the outrageous costs to rent a commercial kitchen, not to mention the fee for licensing, and typically the health deptartment charges an hourly rate to do the initial inspection on top of the license fee.

Wyoming has a Cottage Food Amendment which allows for limited non-potentially hazardous foods to be made in a home kitchen. I am not sure if there is a cap on the amount of money that can be made. I thought I read it somewhere, but it isn't on this attachment I am going to post for you.

There are about 25 states that allow for home baking in some fashion. Here is a link to the list of states with a Cottage Law: http://homebasedbaking.com/knowledgebase/cottage-laws

You can go to each state's Department of Agriculture and search "cottage law." Most of them have the amendment or bill posted.
I've been looking for this information and had NO IDEA to use the phrase "cottage laws" for my state of Utah which happens to be one of the fortunate states to allow home food businesses. We have farmers market in our area all the time and I see breads, jams, jellies, salsa etc. besides home-grown veggies and fruits! This is just terrific information that I will share with a friend who I think and encourage to sell her cakes.
Thank you!!!!
Well, my church thing fell through. County zoning won't allow it because the building is zoned residential. I just can't catch a break. :-(


Eileen S said:
Deah - I thought about using a church kitchen too, but the issues I have are 1) I have a LOT of equipment that would need to stay at the facility (you can't bring your stuff in and out and still be "legal" - it needs to be under controled health circumstances) and I'm leery of leaving my stuff where the volume of people who move in and out of a church kitchen can get to it 2) Where do I store my elements that need several days to harden (fondant, gumpaste, etc.) - see #1 for concerns about people; 3) What happens if I have a wedding cake to do and someone dies and they need to use the kitchen for the luncheon??

I hope the church thing works out for you, though! Maybe regarding the equipment it's different in your state - but here everything used must stay on premises. UGH.
Aw, Deah, I'm so sorry to hear that. Yep - that's the other thing you have to watch out for is zoning. Stupid beauracracy.

Deah said:
Well, my church thing fell through. County zoning won't allow it because the building is zoned residential. I just can't catch a break. :-(


Eileen S said:
Deah - I thought about using a church kitchen too, but the issues I have are 1) I have a LOT of equipment that would need to stay at the facility (you can't bring your stuff in and out and still be "legal" - it needs to be under controled health circumstances) and I'm leery of leaving my stuff where the volume of people who move in and out of a church kitchen can get to it 2) Where do I store my elements that need several days to harden (fondant, gumpaste, etc.) - see #1 for concerns about people; 3) What happens if I have a wedding cake to do and someone dies and they need to use the kitchen for the luncheon??

I hope the church thing works out for you, though! Maybe regarding the equipment it's different in your state - but here everything used must stay on premises. UGH.
Do you have any of those "Souper Supper" or "Dinner on the Go" type of places that allow people to come in and make dinners for the week to freeze and take home? The reason I mention it is that I was going to try to get licensed in Colorado (I am in Wyoming right now). I found that these places will rent their kitchens. It is a little pricey, ($15/hour was one quote I got), but that may be a start. I also called some of the smaller caterers in the area I would like to be licensed in, and found one that is willing to trade the kitchen time if I will come in and do some of her baking and help at events occasionally. Maybe you could find someone that would be willing to work something out with you as well.

Deah said:
Well, my church thing fell through. County zoning won't allow it because the building is zoned residential. I just can't catch a break. :-(


Eileen S said:
Deah - I thought about using a church kitchen too, but the issues I have are 1) I have a LOT of equipment that would need to stay at the facility (you can't bring your stuff in and out and still be "legal" - it needs to be under controled health circumstances) and I'm leery of leaving my stuff where the volume of people who move in and out of a church kitchen can get to it 2) Where do I store my elements that need several days to harden (fondant, gumpaste, etc.) - see #1 for concerns about people; 3) What happens if I have a wedding cake to do and someone dies and they need to use the kitchen for the luncheon??

I hope the church thing works out for you, though! Maybe regarding the equipment it's different in your state - but here everything used must stay on premises. UGH.
That's an idea I hadn't thought about. Thanks!

Lisa Seidling said:
Do you have any of those "Souper Supper" or "Dinner on the Go" type of places that allow people to come in and make dinners for the week to freeze and take home? The reason I mention it is that I was going to try to get licensed in Colorado (I am in Wyoming right now). I found that these places will rent their kitchens. It is a little pricey, ($15/hour was one quote I got), but that may be a start. I also called some of the smaller caterers in the area I would like to be licensed in, and found one that is willing to trade the kitchen time if I will come in and do some of her baking and help at events occasionally. Maybe you could find someone that would be willing to work something out with you as well.

Hi Eileen,
I just saw this thread the other day; any progress in getting information, are there others already lobbying for a wisconsin cottage food law? I know that would be the answer to my prayers:) I would love to actually make money on cakes; I've tried to find out about the kitchen co-ops; but I think Appleton is the closest to me (an hour) and though $10/or so an hour doesn't sound bad; for something like a cake that takes forever I can't imagine what I'd have to charge to actually make any profit.
Let me know what I can do to help with the laws.

Julie
Hi Ladies :-)

I live in Florida and we are NOT allowed to have a home baking business. We are in the process of trying to get the Cottage Food Act passed here. What I don't get is we can bake cakes, pies and cup ckaes for school functins and bake sales, but God forbid we do it and make money. It's a win-win situation for the state and the baker if they pass this law. I have no problem paying the license fees and taxes.
In Illinois it varies apparently. I was under the impression you have to have a separate kitchen and entrance. My friend who lives in another county only has to have a commercial sink? As broke as IL is I think they would welcome the extra revenue. I'm all for passing a cottage law in IL too.

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