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.

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Permalink Reply by Susan T on April 1, 2011 at 11:42am

As far as I've read so far, both NY and CT require licensed, inspected kitchens to sell to anything even at farmers' markets.

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Permalink Reply by Lynne Salmon on April 1, 2011 at 12:57pm

You can add TX and IN to that list ^^^.

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Permalink Reply by Sandy Lampe on April 1, 2011 at 4:06pm

Thanks for the information. Luckily I am baking out of Iowa and don't have this problem. With the Cottage Act, I can bake legally. Hope this happens in Florida!!!

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Permalink Reply by Barbara on April 1, 2011 at 5:19pm

Florida Cottage Food Bill is in the Second Reading. Florida is on their way to having the Cottage Food Act. It won't be long now. I would think the legislation and senate will be done with it by June or sooner. The Bill CS/HB 5007 will need to go to the Senate which is the same process as it went through in the House.

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Permalink Reply by floursugareggsandbutter on April 1, 2011 at 6:35pm

The Texas cottage bills (yes we have 2 and are supporting both) are having a bit of trouble being scheduled for the public readings.

More important things, like choosing the state cupcake are being jumped ahead of us!

I cannot believe they are dragging heels.

We need LEGAL jobs here.

I am sure the committee members are being wined and dined by the Texas Resturant Association lobbiests.

We, however, have been pitching in and helping provide baked yummies for breakfast meetings and taking cakes, cookies, etc to the Reps offices.

Upside down world here.

mimi

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Permalink Reply by Barbara on April 1, 2011 at 8:27pm

Instead of providing goodies to the state representatives you need to give them a reason why the Cottage Food Act is important to the residents of Texas. It helps to create jobs, helps to supplement income for stay at home moms, single moms, retirees. All the ingrediants and foods are already regulated by the Health Dept and FDA. Point out the reasons why this is important and the reasons that there is nothing to fear. No one ever died from eating in your home or from your kitchen. This year was a very important year from the President on down to the mayors of our fine cities the main goal is getting people back to work. Well if they don't deregulate the rules and regulations in your state this won't happen. Write to your speaker of the house our Florida speaker is the one that got the Cottage Food act in motion. We all wrote to our Representatives but it was the Speaker who instructed the committee to investigate this bill and present it to the House. Today

Florida had it's second reading and was appointed to the Special Calendar. Once it is read for the third time it will go onto the Senate.

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Permalink Reply by floursugareggsandbutter on April 1, 2011 at 9:00pm

You mean like this?

http://www.facebook.com/TexasBakersBill

and this?

http://texascottagefoodlaw.com/

We have been working on this for over 3 years now.

The TRA has a very powerful lobby while we are a grass roots movement.

Check us out!

mimi

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Permalink Reply by Tamara Mugerauer on April 1, 2011 at 9:51pm

In Wisconsin we have a liscensced bakery and need an additional liscensce to do a farmers market... an extra $100 a year in the same city!

LindaF144 said:

I just typed out a long response and lost it all. I am not going to retype it.

You are right about needing a licenses, inspected kitchen in NY for a Farmer's market. It varies from county to county. In my county it is through the department of agriculture to sell at a Farmer's Market and not the department of health. Other counties have different laws. I have talked about this on another cake board with other NYers. It just makes any discussion on the matter rather confusing, honestly.

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Permalink Reply by Victoria Costa on April 2, 2011 at 2:19pm

I just saw this discussion, so will reply :). I wanted to answer Sheri's question about a bake sale...I dealt with this very question in 2003. I live in Central California. And I called the health dept. because I wanted to do EVERYTHING legally and by the rules. And what I found out is this...you absolutely can not bake and sell anything from your home. I asked about building an addition next to our house on the RV parking - that was still illegal. I could purchase a self contained trailer that I can bake in and park that on the property and that would be legal (don't even ask.....I didnt see any difference, and I think its STUPID...but its the law). I have a catering business and chocolate business and I just wanted to work. I then asked about all these festivals and street faires...how can these other women bake pies, and breads, brownies, cakes etc.? And the health official said that they can't bake those in their homes...either! They should work out a deal with a local restaurant to use their space to bake in a professional kitchen that is clean and approved etc. I do understand why..my idea of clean may not be my neighbors idea of clean. There can be NO pets anywhere near a baking facility. The vehicle you use to transport ingredients and baked foods has to be inspected and approved...And even if you find a co-packer (thats a factory to make your recipe) you need to do surprise checks and be there while your product is being made. I did that and walked in on the baker taking a load of fudge from the hobart mixer and some stuck on his thumb and he stuck his thumb in his mouth, scraped the fudge off with his teeth and with his nasty-spit covered fingers he proceeded to put his hand back into the fudge to get the rest out of the mixer....can e say health VIOLATION!!! Obviously his idea of clean was not mine! The first thing I did after getting my business license was to buy insurance. People can be sue happy, and I don't want to give what I have worked so hard for to anyone. Just as Theresa Posted...be careful. ....Happy Baking!!!!