I went legal at the beginning of this year, and what was aggravating to me was that the inspector was trying to tell me that as long as I did not advertise, I would PROBABLY be fine. WHAT?? From the inspector coming to check my house!! I told him, I really wanted to do things the right way, and he was trying to talk me into something else. I had the inspection, he was very nice. He did a thorough inspection because he was training someone, but when he handed me my copy he said do with this like you want to, but I would just keep doing what you are doing now, but if you want to spend the money getting licenses and stuff, go ahead. Well, I went ahead and did everything I was supposed to, and business is booming!! Where would he have been if I got caught!!

Just wanted to chime in on this one, I usually try to stay out of these tiffs.

But I am in Ohio, and you have to see what is required in your area.

Ohio still has a Cottage Industry, which allows baking from the home as long as you are not selling anything that has to be refrigerated (cheese cake, pumpkin pie, etc) after baking. And proper labeling is being followed.

Found this out just 5 minutes ago from the agricultural dept. If you are making items that require refrigeration you have to have your kitchen inspected at a $10.00 cost for the license.

So before we get in a huff about this again, check the rules in your area to see what you need to do to get a license or not. It may cost just pennies on th dollar and keep some of our fellow bakers in their shoes.

I'm not "legal" and I sell cakes. I live in a really rural town and it just started as me making a few cakes for my family. I was really horrible too at it but liked doing it. Then after awhile my family was telling other people and I was getting cake orders. It was just one every few months, but ever since the summer now it has gotten to one a week.

I was really worried about this and talked with Kim Morrison a few weeks back while taking a class from her. She lives about an hour from me in a small town but close to bigger cities. Anyway, she said she stayed illegal until she was doing 2-3 wedding cakes a week, after she started competing and winning and her name was getting out there. She told me not to worry about it too much, especially because of where I live, until I get to a point where I'm doing a lot of business and could actually make a decent living on that business. I haven't even done a wedding cake yet.

She told me if I'm going to worry about anything, it should be using characters and other copy righted things on cakes. I'm not really concerned with this either, as I don't really make too many of those anyway.

It just made me feel better and right now I'm not going to worry about it too much. There are people in my town that sell pumpkin rolls and other holiday treats from their home and advertise and aren't legal.

I'd rather risk it until I know for sure I'll be doing this for awhile. I'm not normally a rule breaker by any means, I've always followed rules and laws and never gotten into any trouble whatsoever. But this is just something I'm not going to follow until I know it is worth it for me to do, plus I'm only selling to people that I know and I only charge for supplies basically at this point.

I think to each their own and nobody should be judged either way. We all have our reasons for doing things...right? If I get caught, than I'll have to pay the fine. That is just how it goes. Though, I'm hoping that won't happen...maybe I'll get warned first

ashley87, you might find this link helpful (scroll all the way to the bottom where it talks about catering):

http://www.scdhec.gov/health/envhlth/food_protection/permits.htm

I stumbled upon it this weekend when I was looking around for information about what's legal/what's not in SC. Looks like unless you only sell 4 cakes a year to one single person, you're supposed to have a license.

Here is the full document describing what the requirements are:
http://www.scdhec.gov/administration/regs/docs/61-25.pdf

This article brings me to my biggest worry! I am not licensed. And I don't want the responsibility of owning my own bakery. I have often thought of getting a job at a bakery but I don't think I can afford the pay cut. I love cake decorating but I can only make so many cakes for my family before the want to be sick from all the sweets. I could give them away as presents but that would be a lot of money to be throwing out. So this leaves me to What do I do??? A lot of my friends requests cakes and they love them but I'm affraid I'll get caught. And I definitly can't afford the fines. AAAAAAHHHHH!!!!!!!!!

Kelleym, I have no idea where the thread is you said was "pinned" to this forum? I really want to find and read what you are talking about but can't find it? Help? I'm in Iowa, not licensed and don't have a clue how to change that or if I even need to and don't know how to find out! HELP! Thanks! Anna

Oh, I also forgot to mention that I live in a very small town and sell an average of about 2 cakes per week. Nothing that needs refrigerated, just cakes and the occasional cookie. Anna

Anna -- the thread is second from the top of the Business forum, but here is a link:

http://forum.cakecentral.com/cake-decorating-ftopict-32550.html

The good news is that you are in Iowa, and according to my information, you can get legal from your home.

I wonder how many people remove those pain in the backside tags from pillows and mattress's. "protected by law" Legal? or Illegal?


sorry couldn't resist.

Thank you for the link and the info! You are most helpful! Appreciate that! Anna

KellyM
I went to the thread you had posted - Thank You! I actually just make cakes for my friends and family. Everyone told me that I really should go into the business and in my town there is absolutely no one that makes cakes anymore. I know of a lady who use to out of her home and never was licensed, and everyone bought cakes for weddings, bdays etc. I live in NY and I know it says depending on County. I went to the site and how do I know if my county will allow it? Sorry if anyone could help me!

Thanks
Angela

What happened to cakesbyallison?

kelleym, I have read through it several times and the way I read it, I am not required to get a license. I don't sell wholesale to restaurants or grocery stores, just the general public. Also, I don't advertise. It's all word of mouth in my small town. Sometimes gossip is a good thing! HA! I will have my DH read through it when he gets home and see what he thinks. But I thank you for the info. Thanks for taking the time to help me out! And thanks to whoever it was that started this thread! Anna

Thanks for posting this thread. I read all the threads pertaining to getting licenses, legal vs. illegal, etc.

I live in a state where you cannot have a home-based business relating to baking, cake decorating, etc. It's very depressing being one of the "illegals" that wants so desperately to become licensed. It's March and I've only had 4 paying orders so far this year. So financially, getting licensed is unrealistic right now. Every one of those 4 times when I got paid I didn't like accepting money "illegally" either. But how do you get your name "OUT THERE" if you don't start somewhere? The word of mouth philosophy....
It gets REALLY depressing when you hear, "... you need to open your own business...". People, or the average person, don't realize the expense that pertains to owning your own place. Then when you tell them, "I can't because I don't have enough orders coming in to support owning my own place", you get this la la look from them.

My hat is off to all those that have legal businesses for this profession!!!

Some times it isn't as unrealistic as you all think. Go to your bank, see if you can get financing.

As someone who is legal, I get quite frustrated at all the "illegals" we have quite a few in my town. And they "undercut" my prices because they do not have as much over head as me. So it is frustrating when I bride says "well so and so only charges $2 and your charging $3.50".

Dh says to just keep doing what I'm doing, and people will realise the quality they are getting from me. But it still sucks...

Sorry, that's my 2 cents. If it is illegal to sell cakes where you live in the conditions you are in, you shouldn't be doing it no matter how much you love it.

I live in CA. Where do I even begin to find out about it. I've searched the web and can't find a thing!

I have been doing cakes for 29 years....back in the late 70's early 80's they weren't as strick as they are now days with all the health codes, etc. Each state will vary even now days....and some counties will have different rules too. I started out not having to worry about if I had a license or not.....but it changed and now I have my own seperate shop/kitchen that I work from. Took out a small loan and converted a garage into the shop. The Health Dept., worked with me and told me tips they would pass that would help save me $$$. I am legal and even though I have to be inspected a couple times a year....it's worth it. Another factor some of you may need to think about.....is your homeowners insurance. Many cake decorators who do this in your home....your insurance will NOT COVER you doing cakes and selling them from your home. Be very, very careful. If someone would get hurt at your home while picking up a cake....they could sue something terrible. My homeowners would not cover our house any longer with the attached business....so I had to find a company that would cover it all....with plenty of coverage for anyone getting hurt while on my property picking up cakes. Just another thing you need to think about if you don't set it up legal.

Diane's Cakery

I have some info that I have typed up and have on hand to pass out to those who would like some info on starting your own home cake business. I also have Earleen's cake site listed on there as well and she has a load of information that can help you.

Diane's Cakery

[email protected]

wonder how many people remove those pain in the backside tags from pillows and mattress's. "protected by law" Legal? or Illegal?


Not to be rude, but if you read the rest of the label, it says "before sale" or something along those lines. Once the final owner has the blanket or pillow, they can remove the tags.

Diane, I there is an error in that page link.
Thanks though!

sugarbean..what I would suggest doing, is tell the brides that if they want something that is not reliable or have someone do their cake who may not have nearly as much experience as yuo, let them do it. but if they want to know that it will be great, go to you

I think ShyanneAutumn was only trying to provide levity to the situation.

YAY!! I'm not breaking the law!! Thank you for posting the link. I called the number for my area and I found out that I do NOT have to get licensed as long as I am not selling to stores or restaurants and my products do not need to be refrigerated.

Anna31 - I also asked if I am okay to advertise even though I am doing this from my home (in Iowa) and she said yes, I am perfectly fine. I can advertise any products assuming they are not breaking the law.

I'd just like to say I understand where the business people are coming from. I am a horse trainer, and the cost of having a facility, paying help, insurance (which is the killer as it is sky high) paying for property, educating youself and your help, feed and grain for your own investment horses, etc. really adds up. We are 600 a month board and train (which isn't the highest), yet there are people who are 3-400 a month because it is their hobby and only have 5-6 stalls, and it is their second job. It gets really frustrating to compete with them. Not to mention the slew of people out there who think they can do it themselves.... And to top it off, those people only getting 3 or 400 a month try to keep it on the DL that they are getting paid and then they compete in non-pro classes.

So, yes, people making money off selling cakes should be legal. And if I did it as a business I would probably turn in businesses who weren't legal as I have a huge expense, and they get to do it for cheaper because they don't, it's part of their home, that they have to pay for their home regardless of the cakes....

Rural, this might help...
http://www.extension.iastate.edu/incubator/