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Selling Cakes out of your home in Texas - Page 4

post #46 of 57
It is illegal to make cakes for money from home in Texas. icon_sad.gif
post #47 of 57
Txdiann, the info you posted is from this website, which helps you through the steps to starting a business in Texas: http://www.tded.state.tx.us/guide

I posted the same info almost a year ago. There's a wealth of information on this site, just do a quick search in the forums.

I looked into all of this back then and came up with a startup cost (for me) of around $500, including all permits (except tax) and food manager's licence. Health department stuff is usually handled by the city or county. Local regs supersede state. It doesn't make sense to me. Why even bother with state regs then?

As far as building a kitchen onto the house, it can't be done here. Although zoning would allow me to run a business out of my home (as long as there is no signage and minimal traffic) I can't build an addition that is for the express purpose of operating a home-based business.
Ali
That is the saving grace of humor, if you fail no one is laughing at you



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Ali
That is the saving grace of humor, if you fail no one is laughing at you



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post #48 of 57
In July I will be renting space out of a resturant zoned in Dallas. When I called the City of Dallas I was told that as long as the resturant is a licensed kitchen, my business does not have to apply for any type of permit. So in order to cover myself I am making the resturant invoice me for the rent (as proof that I operate in a licensed kitchen) since we really don't have a contract (I rent as I need it). I also made sure to add them to my insurance policy...just in case something happens while I am on their property. I did have to get a Foodhandlers Certification, but I believe that is good for 5 years.
Best Regards,

Pamela I. Ramirez
www.cakes.busylittlebee.net
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Best Regards,

Pamela I. Ramirez
www.cakes.busylittlebee.net
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post #49 of 57
WOW Good for you piramirez I to am close to Mckinney I'm very happy for you.

Molly
Encourage Do Not Discourage
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Encourage Do Not Discourage
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post #50 of 57
STATE OF TEXAS HEALTH & SAFETY CODE

CHAPTER 434. PUBLIC HEALTH PROVISIONS RELATING TO PRODUCTION OF
BAKED GOODS

SUBCHAPTER A. BAKERIES


  § 434.001. DEFINITION. In this subchapter "bakery" means
a business producing, preparing, storing, or displaying bakery
products intended for sale for human consumption.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.


  § 434.002. BAKERY REQUIREMENTS. (a) A building used or
occupied as a bakery shall be clean and properly lighted, drained,
and ventilated.
  (b) A bakery shall have adequate plumbing and drainage
facilities, including suitable wash sinks and restroom facilities.
Restroom facilities shall be separate from the rooms in which the
bakery products are produced or handled. Each wash sink area and
restroom facility shall be clean, sanitary, well lit, and
ventilated.
  (c) The floors, walls, and ceilings of a room in which dough
is mixed or handled, pastry is prepared for baking, or bakery
products or the ingredients of those products are otherwise handled
or stored shall be clean, wholesome, and sanitary. Each opening
into the room, including a window or door, shall be properly
screened or otherwise protected to exclude flies.
  (d) A showcase, shelf, or other place from which bakery
products are sold shall at all times be clean, wholesome, covered,
properly ventilated, and protected from dust and flies.
  (e) A workroom may not be used for purposes other than those
directly connected with the preparation, baking, storage, or
handling of food. A workroom may not be used as a washing,
sleeping, or living room and shall at all times be kept separate and
closed from living and sleeping rooms.
  (f) Each bakery shall provide, separate from the workrooms,
a dressing room for the changing and hanging of wearing apparel.
Each dressing room shall be kept clean at all times.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.


  § 434.003. SANITARY REQUIREMENTS. (a) A person may not
sit or lie on any table, bench, trough, or shelf intended for dough
or bakery products.
  (b) Animals or fowl may not be kept or allowed in any bakery
or other place where bakery products are produced or stored.
  (c) A person engaged in the preparation or handling of
bakery products shall wash the person's arms and hands thoroughly
before beginning the preparation, mixing, or handling of
ingredients used in baking. A bakery shall provide sufficient
soap, washbasins, and clean towels for that purpose.
  (d) A person may not use tobacco in any form in any room in
which a bakery product is manufactured, wrapped, or prepared for
sale.
  (e) A person with a communicable disease may not work in a
bakery, handle any product in the bakery, or deliver a product from
the bakery.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Carol
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Carol
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post #51 of 57
Let's hear it for McKinney!
post #52 of 57
Quote:
Originally Posted by piramirez

In July I will be renting space out of a resturant zoned in Dallas. When I called the City of Dallas I was told that as long as the resturant is a licensed kitchen, my business does not have to apply for any type of permit. So in order to cover myself I am making the resturant invoice me for the rent (as proof that I operate in a licensed kitchen) since we really don't have a contract (I rent as I need it). I also made sure to add them to my insurance policy...just in case something happens while I am on their property. I did have to get a Foodhandlers Certification, but I believe that is good for 5 years.



Piramirez, I would double check on that. Call the health dept and ask to speak with the person that handles the permits, only because I know that from past experience, anything sold in the city needs a city permit. NO EXCEPTIONS. You dont need one for the state, but you need one for the city. If they still tell you that you dont need one, get that persons name and make sure you keep good record of the conversation. They pulled that crap with me 2 days before an event and I was out my time and effort and I could not sell a darn thing, even thought it was all baked in a licensed facility.
I wouldn't want you to get mislead and get in trouble.
Life's too short to drink poison- Alton Brown
I'll start being nicer when you start acting smarter.
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Life's too short to drink poison- Alton Brown
I'll start being nicer when you start acting smarter.
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post #53 of 57
Gee I have been reading some of these posts for Texas businesses to be and Gee They do make it hard don't they, can't you borrow a Restaurant Kitchen?
post #54 of 57
Hello ladies! I'm new to this site but I've been reading through this topic and to be honest....it's not as hard as it looks. I own a bakery & catering company in the Houston area. First of all, in Texas you have to go through your COUNTY health department to get a license to operate. The procedure in Harris County (and they are pretty similar in all counties of texas) is this: 1. you find a location 2. you submit plans (either that you've drawn or paid an architect to draw) showing your kitchen design like where the stove will be, where the sink is, how large the room is, ect 3. you go to the health dept and submit your plans with a $25 check THEY WILL TELL YOU THAT DAY IF CORRECTIONS NEED TO BE MADE or whatever 4. you get your food manager permit (the county health department offers the 1 day course free of charge 5. you schedule a pre-inspection, this is when you have everything the way you will use it so an inspector can come out and make sure all of your ducks are in a row..if you pass you can open your shop/kitchen to business 6. a full inspection is next, you will not know when, who, or anything. they will just show up one day while you are working and inspect your kitchen and your techniques. 7. you mail a check for $250 to Austin that is good for one year.

If you visit the website for you county health department it will give you instructions and guidelines. You have to decifer them. The county license is for your kitchen to operate the state license is only if you intend on selling things that require labels.

I hope this helps. I have been open 1 1/2 years and I did it on $5k and that including building my kitchen. I have a store front in a "tourist" area. check it out at www.oldtownspringtx.com my company is Sweet Confections Bakery. I've never sold cakes from home because of the fear of someone getting sick and sueing me. It's just not worth it. You MUST have insurance. I pay $250 a year for the best piece of mind you can have when operating a business like this! The laws are created for the morons out there that don't want to use bleach, keep there kitchen clean, and wash their hands. Just because we know we do...we all eat out and by things pre-made...aren't you glad EVERYONE is required to? The laws are designed to protect US as business owners and consumers. Sorry this is so long.
"If you don't know where you are going.....how are you going to get there?"
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"If you don't know where you are going.....how are you going to get there?"
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post #55 of 57
not sure if this was mentioned, but you can look for incubator kitchens or "community" kitchens for small bizs. Fort Worth has a really good small biz network to try to help entrepreneurs and loaded with info. I believe they even have a list of those kitchens in the DFW area.
post #56 of 57

This thread caught my eye and caused me to do some research.  As of 2011, Senate Bill 81 passed and as of 9.1.11, we home bakers are legal (with limitations) in Texas.  Look up the "Texas Cottage Food Law".  However, Rep. Eddie Rodriguez is introducing HB970; it will be debated on 3.27.13 at 8 AM.  HB970's goal is to expand the law and make it even "friendlier" to conduct a baking business (limited still but less limited) our of our home kitchens. FYI and happy  baking to all my TX friends! 

Nothing "normal" created since 1984.

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Nothing "normal" created since 1984.

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post #57 of 57

We sell our cakes out of our home using the Texas Cottage foods law.....here is the site for all the info...

 

http://www.texascottagefoodlaw.com/

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