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 JJ Becker on July 20, 2011 at 10:53am

I've heard of people having the best luck making these kinds of arrangements with organizations like the Elks, or the Lion's clubs, volunteer fire companies, V.F.W.s, all of these places have commercial kitchens, and many of them are interested in finding a preferred vendor for cakes and pastries for the weddings and events people hold there. Another place to look is at summer camps, you won't be able to use the kitchen for two months out of the year, but they will be the slowest two months for the bakery business anyway.

Deah said:

If the church is up to date on the tax laws they will know that they aren't allowed to rent their facilities to a "for profit" entity. They could have their tax-exempt status revoked.

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Permalink Reply by Dawn Becker on July 20, 2011 at 12:33pm

I've worked my way into being the preferred caterer at a local lodge. It's so nice. I had to do a sample dinner first. They paid costs, but I donated my time. I catered a small event they had at the lodge. It was worth my time in the end.

But I don't use the lodge for other catering events I'm doing elsewhere. I'm sure they would let me. I would have to pay the hourly fee, of course. It's actually cheaper for me to just rent by the hour at my local commercial rental kitchen.

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Permalink Reply by Charlotte Shaw on July 20, 2011 at 2:06pm

TX cottage food law was passed and signed by the Governor. We can as of September 1, 2011, bake and sell from our home as long as it follows the guidelines. Only non-perishable ingredients and we can't sell from the internet or at farmer's markets. We don't have to have licenses either but it is just good business to have a health certificate but not a requirement. We do have to label our products with our name and a statement that it comes from a non-inspected home. It is a start and hopefully in the future it will be fine tuned but we are more than happy with it!!

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Permalink Reply by Debbie Bachmeier on July 20, 2011 at 4:25pm

All I know is you have to have a license and no pets in the home if anyone does business with food... It was told to me from the courthouse when I went to get my license to open my online business ( not cakes or food LOL )

But yes, Have to be very careful

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Permalink Reply by Suzan Awad on July 20, 2011 at 4:57pm

What does non perishable ingredients mean? Anything you bake/cook at one point becomes perishable. It's not like a canned good that lasts for years. Any clarifications? Thanks

Charlotte Shaw said:

TX cottage food law was passed and signed by the Governor. We can as of September 1, 2011, bake and sell from our home as long as it follows the guidelines. Only non-perishable ingredients and we can't sell from the internet or at farmer's markets. We don't have to have licenses either but it is just good business to have a health certificate but not a requirement. We do have to label our products with our name and a statement that it comes from a non-inspected home. It is a start and hopefully in the future it will be fine tuned but we are more than happy with it!!

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Permalink Reply by Charlotte Shaw on July 20, 2011 at 6:19pm

Thanks, Denise, I knew I would forget something really important. I'm just excited that it passed at all!!

Denise said:

Items that require refrigeration to avoid food born illness would fall under these regulations. Also Candies are NOT allowed.

Suzan Awad said:
What does non perishable ingredients mean? Anything you bake/cook at one point becomes perishable. It's not like a canned good that lasts for years. Any clarifications? Thanks

Charlotte Shaw said:
TX cottage food law was passed and signed by the Governor. We can as of September 1, 2011, bake and sell from our home as long as it follows the guidelines. Only non-perishable ingredients and we can't sell from the internet or at farmer's markets. We don't have to have licenses either but it is just good business to have a health certificate but not a requirement. We do have to label our products with our name and a statement that it comes from a non-inspected home. It is a start and hopefully in the future it will be fine tuned but we are more than happy with it!!

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Permalink Reply by Judy Foshee on July 20, 2011 at 6:28pm

I just printed the updated Cottage Food Legislation in Florida yesterday, and it says you CAN sell at farmers's markets and roadside stands, and you may advertise on the internet. If you go to the Florida Dept of Agriculture, then go under Food Safety, then Cottage Food Law.

Charlotte Shaw said:

Thanks, Denise, I knew I would forget something really important. I'm just excited that it passed at all!!

Denise said:
Items that require refrigeration to avoid food born illness would fall under these regulations. Also Candies are NOT allowed.

Suzan Awad said:
What does non perishable ingredients mean? Anything you bake/cook at one point becomes perishable. It's not like a canned good that lasts for years. Any clarifications? Thanks

Charlotte Shaw said:
TX cottage food law was passed and signed by the Governor. We can as of September 1, 2011, bake and sell from our home as long as it follows the guidelines. Only non-perishable ingredients and we can't sell from the internet or at farmer's markets. We don't have to have licenses either but it is just good business to have a health certificate but not a requirement. We do have to label our products with our name and a statement that it comes from a non-inspected home. It is a start and hopefully in the future it will be fine tuned but we are more than happy with it!!

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Permalink Reply by Charlotte Shaw on July 20, 2011 at 6:31pm

Judy, I was speaking of the TX Cottage Food law. Those were things added to allow the bill to pass. Wish we could sell at Farmer's Markets and we can IF we produce our product in a licensed kitchen but not our homes.

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Permalink Reply by Charlotte Shaw on July 20, 2011 at 6:33pm

Oops I forgot something. We can advertise on the internet with a website but we cannot have any way to purchase the product on the internet. A question being batted around is Paypal but that remains to be seen.