Cake Decorating Community - Cakes We Bake

So.. I'm not allowed to commercially sell cake because I don't have a separate/commercial kitchen. What if I give my cakes away for free but charge a delivery fee worth my time and effort?

Anybody know the legalities or pitfalls as to how this can be a good business model?
(I'm in Arizona)

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Here's a new twist to this...just wondering...in my state..it's illegal...next state over it is legal. It takes me a half an hour to get to my friends house who lives there...If I bake at her house can I sell it in mine?
Hmmm. Good question. Maybe it depends on whether the cake is ever in your home. You may have a loophole there. I would just call up the Dept. of Health and ask. You don't have to give them your name.

Gigi said:
Here's a new twist to this...just wondering...in my state..it's illegal...next state over it is legal. It takes me a half an hour to get to my friends house who lives there...If I bake at her house can I sell it in mine?
Do call the Health dept and talk with them directly. In our area, the cakes must be prepared and decorated in a commercial kitchen and delivered directly to the customer without any other "middle man" locations. My guess would be that if they have a commercial kitchen law, this would be part of it. Still...talk to them and know the law in your area.

Theresa Happe said:
Hmmm. Good question. Maybe it depends on whether the cake is ever in your home. You may have a loophole there. I would just call up the Dept. of Health and ask. You don't have to give them your name.

Gigi said:
Here's a new twist to this...just wondering...in my state..it's illegal...next state over it is legal. It takes me a half an hour to get to my friends house who lives there...If I bake at her house can I sell it in mine?
Carmelo if havent yet sign the Florida Cottage Law petition If this law passes we will be able to sell our home baked goods!

http://www.PetitionOnline.com/FLcottag/petition.html
I signed it! My mom is a Florida resident...as was my husband and myself! I lived in Florida for 7 years...and my husband and I are planning to move back to Florida in another year or two. I really want this law to pass, because I would love to be a stay at home mom and work on cakes!

Mirelys Calise said:
Carmelo if havent yet sign the Florida Cottage Law petition If this law passes we will be able to sell our home baked goods!

http://www.PetitionOnline.com/FLcottag/petition.html
Eileen, thanks and i will check that out, i plan to sell online and not directly in my house, just something to do since i am a cancer survivor and cannot work 9-5 anymore. Love your ideas, i am a big fan of yours.

Eileen S said:
Shirley - I was watching Fabulous Cakes one night and there was a woman who lived in New York City that was selling cakes out of her apartment where she lives with her son and husband. Is it a county thing? Or a city thing? I just found it interesting that she could do it but you couldn't.

shirley villafranca said:
I love this idea, i live in New York in fact i already bought a 20 quart commercial mixer anticipating that i can operate at home but was told it was not legal. I am seriously considering perfecting those sugar flowers, and making a business out of it. Carmelo, i totally understand your situation, maybe someday the whole United States will be allowed to operate a home business. I am a permanent resident or green card holder, i have a small bakery in my native country and i am now at the stage where i might just leave the US, go back to my country and give up my green card for good so i can go do what i love most, selling my creations. There is something magical when you made something out of your own hands and others get to appreciate it. Good luck to you Carmelo.

Carmelo Ricarde said:
Linda!!!! That is a great idea!!!!!!!!!

Linda Welch said:
Have you considered making dummy cakes to be rented for centerpieces? That way it doesn't matter about a commercial kitchen because they are not meant to be eaten. You can then sell gumpaste decorations crafted on picks to be placed on real cakes that the client either buys from a bakery or makes themselves to coordinate with the design theme. As long as what you are selling is not meant to be eaten, you are good. I've actually had this discussion with the health inspector. However, I would definately have disclaimer label on the packaging that states this is for decoration only and not meant for human consumption. It also gets you out of the last minute time crunch of trying to decorate a cake right before delivery because it needs to be fresh. Just a thought for a budding decorator who needs to keep it legal.
Hi Carmelo,
I hope this helps! I am in the same boat with you (I live in CA), but I refuse to give up. This is what I'm doing: Contact your local churches and schools, as they will offer lower-cost commercial kitchen for you to rent. I just found one for $5/hr that's right by my house! And I'm only using them when the client (i.e. a restaurant order) demands that I work out of a commercial kitchen. Meanwhile, get your national Servsafe certification (www.servsafe.com to find classes near you) and insurance so as to cover you in case a client ever asks. Continue to pursue your passion and don't let anybody (including the health dept) get in your way!

~ Jaime

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