For some time now i have wondered how some CC's know if someone can /should bake and sell a cake.

I see newbies come on and post a question about what to charge for a certain style of cake - and next minute - they are being put through the wringer as to............ do they have workers comp - public liability - this insurance -that insurance - this document - passed this and that inspection - jumped through all 10 hoops - etc.

I am thinking that there must be a site/list somewhere for you to click on and view so as to see what City - Town - State - County - Suburb - Street has which laws.

Truely - how do you know?
Some members don't even have where they live in their location - so how do you know to ask these questions - OR - has it just become parrot fashion to ask everyone who dares ask - how much do i charge?

Because sometimes the OP comes back and says - Yes, i am legal - but i never see the CCer putting them through the wringer come back and apologise for asking so many questions - and sometimes it is in a rather brash manner.

Yes, yes - i know i can be brash at tines - but thats another thread -


If i see a fellow Australian come on and ask "how much would you charge" - i would not have a clue as to whether they are legal or illegal - let alone what laws are set in their area.

So it has me curious as to how some in the USA know what laws are set for every different place.....


Just asking -

Bluehue

When I first joined CC it was different. There were more home bakers and others didn't make an issue if they were legal or not they just helped with the question.

I don't come here much anymore because it's different. If someone wants to comtribute to a thread they need to keep those issues to themselves.

There are many issues that can stir up the pot that should be avoided but the're not.

It's the individual's business if they are legal others should move on.

All I can suggest to you, if you come across the rude members just move on to another thread.

There is a list, actually. http://cakecentral.com/cake-decorating-ftopict-586218.html

Personally, I don't care if someone is legal or not. I only mention it if it directly affects what they're asking.

The questions I (and others) ask when people post questions about pricing without mentioning what steps they have taken to get legal are important points to consider. You may consider it being put through the wringer, but like it or not you play by a different set of rules as soon as you accept compensation for something you've baked.

The legal aspect also directly impacts pricing -- if you have license fees, inspection fees, insurance premiums, etc. you need to take those into account when pricing your products to ensure you are profitable. But if the place you live allows commercial home baking then your prices could be considerably lower.

I also don't think it's necessary to apologize for asking questions based on the available information in the OP if said questions turn out to be moot based on followup posts. Part of the problem is that there is no master list of what's legal where, so forums like this are where a lot of people get this type of information.

When asking these questions, the worst case scenario would be the OP following up stating that they have already considered the legal aspects of their business and the thread would move on from there. The best case scenario would be the OP getting useful information and making an informed decision on how to proceed with their business.

If no one brings up these points and the OP forges ahead without knowing what's legal and what's not (and more importantly protecting themselves from liability) they could face a financial disaster down the road. There have been threads here where people have lost their homes because they did not have adequate protection from liability.

Here's the example that stuck out in my mind:
http://cakecentral.com/modules.php?name=Forums&file=viewtopic&p=6948695&sid=0f3281abd34905938ad9a31b079af80e

And here's another (the 2nd post):
http://cakecentral.com/cake-decorating-ftopic-612960-30-days0-orderasc-.html&sid=6e38eb0a410b3cbb8bdb11aaa255b754

Yes I get very tired of certain threads with simple questions becoming the target of the "CC legal police".

I also feel sad when I see somebody with a question and they feel like they have to say "I have a question but first yes I am licensed, yes I have insurance, no I don't put bare wires in cakes, yes I sanitize my dishes, yes I wash my hands six times in bleach every time I touch the cake, yes my cake board is food safe, yes I have insurance on the vehicle that transports my cakes, yes my clients sign contracts, yes I take deposits, and yes, I've contacted my lawyer about everything else.....and yes, I bake from scratch. Now about my question....."

LOL.

Ha!Ha! Kitagrl..You made me laugh...

I'm actually somewhat grateful for this website and the posts I found when I was first starting to think about selling cakes. When someone first asked me to make a cake for them, I was completely ignorant. I had no idea about the legalities. It didn't even occur to me that it might not be legal to do from home. Luckily, I found CC and did a ton of searching to find that Ohio does, in fact, have a cottage law. There are some rules to follow, which I would never have known without the helpful posts like the ones you've mentioned. Same with liability insurance - not a thought in my mind until I found a post about it. Now I am completely legal under the cottage law and insured, all thanks to CC. As long as it is done in a kind and helpful manner (which, granted, sometimes it's not), keep the information coming!

For some reason business questions (including pricing) that are posted in the business forum often end up being moved to the cake decorating forum. I have no idea why the mods are doing this, but a business question in a cake decorating forum is still a business question.

If the question is not business-related then I agree that licensing and insurance don't matter.

I've had people ask ME if I'm licensed and insured in a thread before. It gets old, I'm sure, to people who come here regularly. I shouldn't have to preface all my threads with "I am licensed and insured and I would like to know...."

Should I?

Perhaps CC should add options in the user profile where you can include whether you are a hobby baker, aspiring business owner, current licensed business, former business owner, cottage food business, etc. This information could be shown under your avatar alongside your join date, post count, and location.

I nominate Kitagrl for best poster of all time...we need humour ....of course, I'm in the rural south where our motto is "better to ask forgiveness than permission' ... we're used to running from the revenuers and health department inspectors!

Ok fellow cakers, checkout my tag line. I changed it before this thread was started, being one that use to be worried about asking questions and rather the "legal police" as another OP put it would be one me like flies on flypaper. Yes I am LEGAL!! I chose not to advertise or have a website, I strictly go by word of mouth. I stay as busy as I want to be. I DO NOT want a business per say, but I have jumped through the hoops to get legal so that I and my customers are protected. I have told several local people that have asked why I don't "ACT" like a business, and my reply is- "It is and was my money to spend however I wanted to, and if I want to make 4 cakes a week or 40, that too is my business. Officious people annoy me. But truly helpful people are great. Asking how much you should charge for a cake doesn't mean I want the whole run down on all the rules and regulations in my state or yours or anyone else's. I have been legal for some time, and have chosen up until now to keep it to myself. This thread caught my eye, I can't tell you how much I appreciate all of the responses I have gotten from fellow cakers when I have asked for help, I would say on average 99.9% of you are truly out to help others and then you have the .1% of the officious people!