Selling Cakes Illegally
Replies to This Discussion
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Permalink Reply by Carolyn Grace Duvall Lawrence on
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Lynne Salmon said:........Oh mY lord,......I cant beleive this, besides its just cakes , it shouldnt be illegal ............
And why not?? Have you ever been in a really dirty home? I have seen homes where 6 or 8 cats climb all over all the counters, dishes etc, etc and the smell of their litter box (is there really even one?) just about knocks you out. Would you like to buy a cake that was made in that place?
I am against smoking. I would *NEVER knowingly* order any food item from anyone who smokes. The smell totally permeates (sp?) all food, clothing, cake boards, etc etc.
The HD is there for *everyone's protection*.
Yes, they sometimes make it extreemely hard for someone to get started in this business *and stay in it*.
And before you all get all over me.....YES, I started out making/selling cakes out of my home....some 30 yrs ago. I basically had my HD's o.k. (I was told in a phone call that I could make/sell all the cakes I wanted as long as I didn't advertise).....but like I said, that was a little, out of the way county, some 30 yrs ago.
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Permalink Reply by Joanne Trcka on
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I've gotten sick from a few "legitimate" restaurants - that's a ridiculous concern
Brittany Miller said:It might "just be cake" but if an entire wedding party gets sick because the baker has unsanitary baking conditions, who will be at fault???? The red tape is a hassle to get through, I agree, especially as a beginning baker, but it really is for safety. And of course, the IRS! lol
Wes & Jaci said:Oh mY lord,
I cant beleive this, besides its just cakes , it shouldnt be illegal , but thats just my opinion as a beginner cake decorator who does isnt selling cakes casuei am not that good yet LOL
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In Texas it's not about the IRS it's about a powerful bakery and restaurant lobby that prevents bakes sales, church groups selling pies, etc. There is no baking/cooking from home allowed.
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Lynne, how are you? I just found this forum a week or so ago and haven't yet played on it much. Was so good to see you in Oklahoma in October. Will you be at ICES this year?
Carolyn
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Permalink Reply by Lynne Salmon on
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Hello Carolyn! No I will not be at ICES. I actually don't decorate any more - just on occasional special -maybe 3 or 4 a yr.
It waS very nice to get to OK - my 1st time. I actually drove some 12 hrs each for 3 days to get there:) Didn't know many people anymore or maybe I just missed them. I think I talked to only 4 that I knew from my yrs in ICES.
Lynne
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Oh, Lynne, you didn't tell me you had given up cake decorating. I think about it, but then think that I'd be bored to tears. However, some days when I'm up at 3 or 4 a.m. on the weekend, I wonder why I'm torturing myself!! However, I get started and I'm o.k. I'm trying to dream up what I want to do for our 50th anniversary which is coming up in July and we are having a luau to celebrate. Any ideas for me?? What did you do with all your cake toys?
Carolyn
Lynne Salmon said:Hello Carolyn! No I will not be at ICES. I actually don't decorate any more - just on occasional special -maybe 3 or 4 a yr.
It waS very nice to get to OK - my 1st time. I actually drove some 12 hrs each for 3 days to get there:) Didn't know many people anymore or maybe I just missed them. I think I talked to only 4 that I knew from my yrs in ICES.
Lynne
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Carolyn, let's take this conversation to private message or Email. You can contact me at kake1adi @ frontier . com.
My reply to your ?s will be very personal and I would rather not post it publicly.
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Permalink Reply by Trisha Stryjewski on
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I know we have this going around facebook to help us out. It's a home bakers bill
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Permalink Reply by Deidre Kent on
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in Michigan was have the Cottage Food Law, enacted in 2010, allows individuals to manufacture and store certain types of foods in an unlicensed home kitchen.
http://michigan.gov/documents/mda/MDA-CFFAQ-MASTER_327558_7.pdf
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Permalink Reply by Barbara on
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The Florida Cottage Food Bill CS/HB 5007 is now having it's Third Reading and has made it to the Senate http://www.flsenate.gov/Session/Bill/2011/5007
It won't be long now when the Senate passes the bill I believe it will go into effect July 1, 2011
Happy Baking
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Permalink Reply by Dawn Becker on
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Brittany Miller said:
It might "just be cake" but if an entire wedding party gets sick because the baker has unsanitary baking conditions, who will be at fault???? The red tape is a hassle to get through, I agree, especially as a beginning baker, but it really is for safety. And of course, the IRS! lolSorry - I am so sick of this. Most home bakeries have much better standards than most restaurants. Just because it's out of the home does not make it unsanitary. The people running the establishment decide that, not the type of building it is in.
I lived in a state where home baking was legal but still had to have the same inspection as the big boys. I heard over and over about how I ran my kitchen was so much better than 99% of the restaurants they inspected.
Now I live in CA where we are not allowed to have a home licensed kitchen. I'm the same person as I was before with the same standards. I didn't change just because I moved from one state to another. But now I have to jump through all sorts of red tape and spend thousands upon thousand of dollars to sell the same cake. Go figure. I'm legal - but under protest. I welcome any inspector into my personal kitchen and watch me work any day of the week. Come on! Tell me my standards aren't high - I dare ya.
Also - any one that does decide not to get a food grade from the HD -pay your taxes regardless! Period. Uncle Sam will call it tax fraud and throw you in jail. The health department simply closes you down with a possible fine..... but not jail. You can call it hobby income and pay your taxes. Keeps you legal with the IRS. Don't stack up your offenses by trying to avoid taxes. MR. Taxman is not someone to contend with - ever.
The IRS could care less where the money is coming from. Just declare the income and pay the tax. Don't be stupid about this.
I'm not saying it's OK to not have a food grade (when people are talking about being legal, this is really what they are talking about, your food grade - anyone can get a business license and Uncle Sam will take your income tax without even asking about a business license)... get a food grade or take the risk..... but if you do decide not be legal where the HD is concerned - pay your taxes anyway!!!
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Permalink Reply by Grace DeStefano on
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Thanks, Trisha. I just found this site and joined and was going to mention our bill.
For those of you that don't know, it is currently illegal in NJ to sell home-baked goods. Like TX (much thanks to Kelley for all her help!!), FL, CA, WA State, IL, and I'm sure there are probably a few others out there, NJ Home Bakers are working hard to have their state pass a bill that will legalize the sale of home-baked goods. If you're not sure about your state, a good way to find out is from a cake-based website (such as this one) and/or a Google search.
Back in 2009, a friend and I decided we wanted to do something about the lack of a Cottage Food Law in NJ and did manage to get a bill introduced which, unfortunately, eventually died in Committee. This time around, we have another bill (actually it's basically the same bill with a new number) in Senate and we're expecting a companion bill in the Assembly next month or June. I did a bit of research and received a lot of help and information from Kelley of Texas and I'm very hopeful that with all the other states that are working to pass similar bills, and those that have recently had bills signed into law or are about to (Michigan and Arizona, respectively), that our legislators will realize this is a good thing for constituents and the state as a whole. Please, if you haven't done so already, write to your legislators and let them know that you want this. We need your help and support. Thanks.
www.facebook.com/NJHomeBakersBill for information
-Grace DeStefano
New Jersey Home Baker
Trisha Stryjewski said:I know we have this going around facebook to help us out. It's a home bakers bill
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