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 Lynne Salmon on
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........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 Jenifer T on
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No I dont think so. Here in NC you are still allowed to bake from your kitchen, I had mine inspected a couple years ago. But there still is the "sue-happy" issue. I was able to find insurance that wasn't crazy expensive.
Tazkera nur said: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 Karen Marie on
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Lynn I agree...my daughters fiance smokes and so does his mom..whenever she sends food over it reeks of smoke..it is disgusting! So if you plan on making cakes in your home either quit smoking or stop smoking in the house....people who dont smoke can smell it immediately....and no animals in the kitchen...hair can get everywhere and sometimes you cant see them....it is very important to keep the health and safety of your customers your top priority...that is why the sanitation laws exist.
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 Theresa Happe on
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I just called up the Dept. of Health in NY and, apparently, decorated cakes don't fall under the list of exceptions allowable in the home. According to the woman I spoke to, if your kitchen is set up completely separate from your living space, then you can get approved. The list of "good manufacturing practices" tells you what is required to pass inspection.
LindaF144 said:Also if you are in NY State there is such a thing as Home Processing Permit. It is Very, Very limited in where you can sell, but it is a start.
Here is the link:
http://opal.gorr.state.ny.us/gorr/pas/paslib.nsf/WebDocIDs/95C993AE...
I called the number for my location and I am now waiting for a second person so call and make the appointment to inspect my kitchen. I have no idea where I will go from there. The farmer's market at my local town shuts down in October or November. But I wanted to get this done so that I would at least have a legal venue no matter how limited it is in scope.
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Permalink Reply by Roseann Filosa Atkins on
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I have checked the Nassau County website and it states that there are no exceptions for a home based food business.
LindaF144 said:Sorry, I forgot to mention one other thing. I don't know if you live in NY. But I did not contact anybody at the state level. I contacted my representative for my county as it varies from county to county. I have had this discussion on CC with some other NYers and evidently in the county for NYC, the rules are bit different. Or at least they are stretched. I'm not too sure which one. I don't live in NYC, so it is not my problem. I just want to confirm to the rules for my county. I also talked to someone from the next county over and it is different for their county also. This person sold at farmer's markets, not cake decorating. I have not met anybody locally who decorates or owns a home bakery, so I can't help with that part.
I do know that if you call the number for your county on the link I posted they are very helpful in answering your questions, especially if you know nothing, like I did. :D It has been quite a learning experience.
I for one and am glad for all the rules, like the OP said. Although I can say I have seen some "professional" kitchens that I know I will not eat at their establishment again. But maybe my idea of clean is different than what is legal I guess.
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Permalink Reply by Donna Voelker on
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I find most of this so ridiculous. The government only wants to get a share. O.K so some people get a professional kitchen, that does'nt mean they follow all the health codes, some people have really nasty habits, like they dont wash hands after going to the bathroom. A piece of paper only states that they get some of the money. I am glad I only bake for family and friends
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Permalink Reply by Apryle Murphy on
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No, each state has different laws on selling food from your home kitchen. I'm in Las Vegas and have set up shop legally, here it's about zoning. So in some parts of Vegas you cannot get a permit for home sales and in some areas you can. Before I went through that hassle and all the red tape that came with it....I was renting space from a commercial kitchen for $30 an hour. Thats where the real money is...renting out kitchen space lol
Tazkera nur said: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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Linda, which state do you live in?
LindaF144 said:I didn't pay a thing to get my home processing permit.
Donna Voelker said:I find most of this so ridiculous. The government only wants to get a share. O.K so some people get a professional kitchen, that does'nt mean they follow all the health codes, some people have really nasty habits, like they dont wash hands after going to the bathroom. A piece of paper only states that they get some of the money. I am glad I only bake for family and friends
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Permalink Reply by Gigi on
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This question might be alittle off topic, but borders on the "legal-ness"..I do not bake for the public..and can no way afford opening something of my own..but if you register as an LLC..your private assets are protected..if you register as a sole proprietor..is there a way to protect your home? I would like to sell cake toppers, etc...but "for decoration purposes only"...would I still have to register as an LLc to protect my home if someone sues me?
LindaF144 said:NY. But please notice that I said I am not using my license for cake decorating. It is a home processing permit that has limited ways in which you can sell to the public. The main way you can sell is wholesale and at Farmer's Market. I am still not too sure which avenue I am going to pursue, but wanted to have everything done legally first. I still need to contact the NYS state to find out about collecting sales tax at Farmer's Markets, and Weights and Measures to see if I need to weigh products already made and I think the Board of Health too for package standards. It seems that if I take them out of a display case and put them in a bag them I am considered a retail bakery and I can't do that with this license. So I have to find out if I need to have the stuff prepackaged.
I have lots to learn first before I sell one thing.
Donna Voelker said:Linda, which state do you live in?
LindaF144 said:I didn't pay a thing to get my home processing permit.
Donna Voelker said:I find most of this so ridiculous. The government only wants to get a share. O.K so some people get a professional kitchen, that does'nt mean they follow all the health codes, some people have really nasty habits, like they dont wash hands after going to the bathroom. A piece of paper only states that they get some of the money. I am glad I only bake for family and friends
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Permalink Reply by Bettina Dwyer on
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In Australia if you are a member of the Cake Decorators Association, you are also covered by their insurance - it is null and void as soon as you start to sell through a store. Unless your turnover is in excess of $AUD30000, it is considered a hobby, and therefore you don't have to declare yourself as a business.
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Gigi...liability insurance covers you in case someone gets injured while either on your premises if you are a business or if someine gets injured while using your products...it would be a good idea to contact a few insurance agents who offer such coverage and find out what exactly they do and how much you might need for your type of business.....
Gigi said:This question might be alittle off topic, but borders on the "legal-ness"..I do not bake for the public..and can no way afford opening something of my own..but if you register as an LLC..your private assets are protected..if you register as a sole proprietor..is there a way to protect your home? I would like to sell cake toppers, etc...but "for decoration purposes only"...would I still have to register as an LLc to protect my home if someone sues me?
LindaF144 said:NY. But please notice that I said I am not using my license for cake decorating. It is a home processing permit that has limited ways in which you can sell to the public. The main way you can sell is wholesale and at Farmer's Market. I am still not too sure which avenue I am going to pursue, but wanted to have everything done legally first. I still need to contact the NYS state to find out about collecting sales tax at Farmer's Markets, and Weights and Measures to see if I need to weigh products already made and I think the Board of Health too for package standards. It seems that if I take them out of a display case and put them in a bag them I am considered a retail bakery and I can't do that with this license. So I have to find out if I need to have the stuff prepackaged.
I have lots to learn first before I sell one thing.
Donna Voelker said:Linda, which state do you live in?
LindaF144 said:I didn't pay a thing to get my home processing permit.
Donna Voelker said:I find most of this so ridiculous. The government only wants to get a share. O.K so some people get a professional kitchen, that does'nt mean they follow all the health codes, some people have really nasty habits, like they dont wash hands after going to the bathroom. A piece of paper only states that they get some of the money. I am glad I only bake for family and friends
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Permalink Reply by floursugareggsandbutter on
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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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