Cake Decorating Community - Cakes We Bake

A member here just informed me that the Department of Health found her here and she got in trouble for saying she sold her cakes, being that she is not licensed to do so.

If you are "flying under the radar", so to speak, you are taking the risk of getting caught. Just beware that if you tell people in an open forum like this or on Facebook that you sell cakes, you can get in trouble. What you decide is your business, but if you choose not to go legit, watch what you say. It's not worth getting fined or sued.


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it also depends on which state you live in.  Some do not require a business license if you sell under a certain dollar amount per year.  Also each county has regulations regarding a sanitary inspection, etc. 

 

Always best to check the regulations in your state and county.

 

FYI, Florida passed a law beginning July 1st of this year, where you can sell your cakes made in your home kitchen as long as they are specifically labeled and you don't make over $15,000 a year.
One of the reasons why I love living in a third world country. So much opportunity for small businesses and no funny laws!
:-)
Thanks for this info...

Linda Oesterreich said:
FYI, Florida passed a law beginning July 1st of this year, where you can sell your cakes made in your home kitchen as long as they are specifically labeled and you don't make over $15,000 a year.
Looks to be a good one, Jen.  I wish our Texas Baker's Bill had some of your provisions!!
Yes, it really is!  Now, to establish a kitchen...

Charlotte Shaw said:
Looks to be a good one, Jen.  I wish our Texas Baker's Bill had some of your provisions!!
They also required the no internet sales too.  I haven't figures out the WHY yet.  Maybe we will see in the future. 

In California you are to report anything you bought out of state on your yearly income tax return- even if you pay tax on it.  If the tax you paid was lower than CA's - you have to pay the additional tax to the state... individuals, too, not just businesses.  Seeing as we are one of the highest taxed states in the nation..... we always owe.

 

Yes, really.

I understand the out of state tax part, Denise.  The few that might ship out of state or even in state wouldn't make the State much money.  I see it for big companies like Amazon, etc.  But for home bakers???   But as long as I can have a website, it really doesn't matter to me.  I would rather talk to my people anyway!!  Less chance of miscommunication that way and you can ask more questions.  The part that baffles me is the farmer's market.  I really wanted to participate in my area's program.  And that IS face to face!  Oh, well, maybe next session, if we don't complain too much and make them come back with more stringent rules!!  lol

Yippee!! That would be enough for me.  I undertand that it was in the bill to start with but Harris County HD told them (at the last minute of course) that they had to take it out or they (HCHD) would cause the bill to fail.  Not sure how they would have done that but they didn't want to take the chance. 

 

A friend and I were talking recently about all the laws. I'm not sure they are all that great and sometimes I think the government and health department get into our business too much. I can remember when we lived on the farm and my dad and the neighbors butchering on our kitchen table in our little 4 room house and NO running water!! We all lived and I never heard of anyone getting sick or dieing. I know cleanliness is a good thing, but you can sometimes overdo a good thing! My daughter is so paranoid that she throws out anything that is one day over the due date and she sure didn't learn that from me. :)

thanks for that. I see so many web sites with sculpted cakes and wonder how did they get around the copyright laws, I guess they just haven't got caught yet.



mimi said:

Don't mean to hijack this thread, but while we are on the "legal or not" topic I am taking some space to mention copyright laws.

If you make (and sell) a popular cartoon figure or a specific purse or shoe , for example (the list is a mile long) you must obtain in writing, a copyright release from the owner of said item.

Disney?

Forget about them!

They have a whole department dedicated to finding and prosecuting copy infringement.

How do I know?

A friend was busted.

Since it was her first time, she only had to pay a small fine.

Around ten thousand.

Thank goodness she was licensed and insured.

 

mimi

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