Selling Cakes Illegally
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.
Replies to This Discussion
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Permalink Reply by Wes & Jaci on
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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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Permalink Reply by Brittany Miller on
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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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Permalink Reply by Theresa Happe on
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No one enjoys turning money over to the IRS. But, these days, your biggest problem is sue-happy people. Setting up a business gives you protection from losing everything you own.
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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Permalink Reply by Shari on
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What about if you're baking for a bake sale? How do you get out of that one? It IS for profit, maybe not for yourself, but money is involved. :-(
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Permalink Reply by Tazkera nur on
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I live in Bronx, NY. So this Law is for every where?...U have to have a bakery store for sealing ur cake?!!!
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Permalink Reply by Colleen on
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Holy Canoli =-/
Honestly, i had no idea until i became a member of this forum that you had to be licensed to sell cakes at all, much less out of your home. I understand the premis now, but had no idea.
I am still a year or two away from that point, but i wish i knew all the steps i had to do to accomplish that.
States are different so when i read posts it gets a little confusing, so im still doing my research.
Im not sure i'll be in Cleveland by the time im ready, but we arrnt sure if it will be Denver or Salt lake, so i need to get info on all 3.
If you are licensed in one state, does it transfer to another if you move ?
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Permalink Reply by Jennifer Cintron on
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I put on my lawyer hat this morning and did a little bit of research, which was long overdue as I have been thinking about this as a side business for a while now. Anyway, the states are all different so it's necessary to check with your local/county health department to find out what's required in your area. For all NY bakers, here is a link to some information (and based on what I read, cake designers would fall under the category of "food processors""
http://www.agmkt.state.ny.us/FS/general/license.html
Here is another link which has links to various websites for state-specific information. Note that it doesn't appear to have been updated for a few years so you may want to do additional digging:
http://cake-business.com/blog/2007/05/what-are-the-permits-needed-for-a-home-bakery/
Neither of these links gives the SPECIFIC requirements for running a home-based bakery business. However, the first link does contain another link for the application. The NY fee is $400 and that doesn't factor in any potentially required upgrades to your kitchen (e.g., I think a double sink is a requirement). Good luck to anyone out there interesting in starting up!
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Permalink Reply by Karen Marie on
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All states have health laws that govern food service and production. The important thing to remember here is that the laws are generally in place to protect the consumer from getting food-borne illnesses. Some states allow home kitchens to be licensed and some do not...they want a commercial kitchen that conforms to their local health department codes. Here is a link that was posted on another discussion listing the agencies for all 50 states so that you can research the laws about home kitchens used for selling food. Cakes are food so they all come under that category. Most home kitchens dont meausre up to a commercial kitchen and will have to be modifed in some way. But here is the information:
http://cake-business.com/blog/2007/05/what-are-the-permits-needed-for-a-home-bakery/
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Oops sorry Jennifer I didnt see that you posted that link...well we have it twice now :D
Jennifer Cintron said:I put on my lawyer hat this morning and did a little bit of research, which was long overdue as I have been thinking about this as a side business for a while now. Anyway, the states are all different so it's necessary to check with your local/county health department to find out what's required in your area. For all NY bakers, here is a link to some information (and based on what I read, cake designers would fall under the category of "food processors""
http://www.agmkt.state.ny.us/FS/general/license.html
Here is another link which has links to various websites for state-specific information. Note that it doesn't appear to have been updated for a few years so you may want to do additional digging:
http://cake-business.com/blog/2007/05/what-are-the-permits-needed-for-a-home-bakery/
Neither of these links gives the SPECIFIC requirements for running a home-based bakery business. However, the first link does contain another link for the application. The NY fee is $400 and that doesn't factor in any potentially required upgrades to your kitchen (e.g., I think a double sink is a requirement). Good luck to anyone out there interesting in starting up!
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Permalink Reply by T.J. Schellman on
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I am new to this, and just dreaming about a day if I "got good" at cake decorating, what would I do, what are my options? So, I started a google search. It seems like one option people are looking at is renting commercial kitchens with prices ranging from $25-65/hr. or using a kitchen at a community space or church that has a kitchen up to code. I think a kitchen co-op would be an awesome idea. I just wanted to tell someone what I found out... y'all probably already know all this. :>)
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Permalink Reply by Teresita (Terry) Hernandez on
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Thank you for informing the forum of that.
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Karen & Jennifer
Thank you SO much !!!!!
you guys are wonderful =-D
Jennifer Cintron said:I put on my lawyer hat this morning and did a little bit of research, which was long overdue as I have been thinking about this as a side business for a while now. Anyway, the states are all different so it's necessary to check with your local/county health department to find out what's required in your area. For all NY bakers, here is a link to some information (and based on what I read, cake designers would fall under the category of "food processors""
http://www.agmkt.state.ny.us/FS/general/license.html
Here is another link which has links to various websites for state-specific information. Note that it doesn't appear to have been updated for a few years so you may want to do additional digging:
http://cake-business.com/blog/2007/05/what-are-the-permits-needed-for-a-home-bakery/
Neither of these links gives the SPECIFIC requirements for running a home-based bakery business. However, the first link does contain another link for the application. The NY fee is $400 and that doesn't factor in any potentially required upgrades to your kitchen (e.g., I think a double sink is a requirement). Good luck to anyone out there interesting in starting up!
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