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Anyone ever get busted? - Page 2

post #16 of 63
My husband is in the insurance business and yes there are sue happy people looking to cash in on anyone they can. In VA I believe our homeowners umbrella policy covers this type stuff but not sure about KY. Also, have you considered doing the cookie bouquets for a "donation"? Meaning that you would not "charge" them as a business transaction but rather take a "donation" from them? That may help out as far as not getting the license, not sure though. Just a thought. I did my cake business out of my home for years and no one ever had an issue. One of my Wilton students recently got her home inspected and got her license and she said that he just went thru very quickly. So sounds like it may not be a bad idea to get licensed where you are "just in case".
post #17 of 63
Having a license does offer a certain amount of protection and gives a line of defense. It proves that you are operating legally, and within the health department's guidelines. Without any type of inspection, you have no proof your kitchen isn't infested with rodents, etc.

Anyone who gets "busted" or sued will surely clean up the mess then (before anyone sees)- but that doesn't prove to a court that you had any knowledge of safety and sanitation, or that you were operating within state and federal guidelines.

This isn't PROTECTION from lawsuits, but it can limit your liability. You still need liability insurance (which is cheap, compared to a lawsuit).

My advice - don't bake from home unless you are not doing it for pay. I'd ask someone to provide the ingredients if you want to keep doing cakes or cookies without incurring the expense - but you're asking for a world of trouble if you get caught, or someone tries to sue you.

That's my only issue with home bakers - I worry about someone losing their home, etc. Where will you bake from then?!? icon_wink.gif
Plank.
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Plank.
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post #18 of 63
There are only a handful of states where you can get a license to operate out of your existing home kitchen, so it's not a matter of running out and getting a license "just in case".

Believe me, from reading these threads day after day, I believe the vast majority of home bakers would be licensed and legal if they could be.
post #19 of 63
Yes I would but we would be talking major expense! I live in California.
post #20 of 63
Amen Kelley thumbs_up.gif
post #21 of 63
Thread Starter 
I just read the KY requirements and I can have kitchen in my basement. It just needs to have two/three compartment sink, washable floors and walls, adequate plumbing, and the usual sanitation requirements. Some said earlier that your homeowners would be null and void. Am I to take it that my existing policy would cancel and I would have to get a whole new policy or just a new for the business? I don't ever plan on having customers come to my home. I just want to take orders by phone or e-mail. So I don't see why this should effect my homeowners if actual customers aren't entering my home.
post #22 of 63
Thread Starter 
My husband and I were discussing this over lunch yesterday. We both decided that the government seems to always be helping the big guys (corporations and franchises). I'm curious about home based businesses in Europe. Same guidelines?
post #23 of 63
It is kind of funny because my husband and I were talking about how this is really to protect us. He said would you want to buy a cake not knowing what precautions were being taken for your safety. I was like ya but.... I want to sell my cakes!!

I think I read on here somewhere that some states are even making it hard on the actual bakeries too.
post #24 of 63
Quote:
Originally Posted by lhayes1976

I just read the KY requirements and I can have kitchen in my basement. It just needs to have two/three compartment sink, washable floors and walls, adequate plumbing, and the usual sanitation requirements. Some said earlier that your homeowners would be null and void. Am I to take it that my existing policy would cancel and I would have to get a whole new policy or just a new for the business? I don't ever plan on having customers come to my home. I just want to take orders by phone or e-mail. So I don't see why this should effect my homeowners if actual customers aren't entering my home.



The lawsuit issue was the reason that I refused to bake for anyone other than my family for the last 6 years. In July I started doing a little research about it because I was considering starting a business. The insurance wasn't as bad as I thought it would be.

Your liability license covers your business and your homeowners covers your personal stuff. You would need both. I have my insurance through Nationwide Insurance, it is for $1 million & cost $300/year. My agent said the premium is based on sales, so if I were to do $50,000 the premium would be more. The higher your exposure the higher your premium. I have a friend who has a restaurant and she pays $4,000 per month, but then that is based on her sales too. You need to check with the agent to see what the policy specifically covers, and you may have to purchase additional rider policies.

HTH
Happy Baking! Melody Z
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Happy Baking! Melody Z
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post #25 of 63
Quote:
Originally Posted by cathyfowler662

What about if someone keeps telling people to order cakes from me. I don't tell anyone that I make cakes but a friend at work is always telling people to order from me. Whenever that happens, I even need to buy the pans that I need!



Just because someone asks you to do a cake for them doesn't make baking it any more legal. If you are afraid of getting caught making cakes for people then you could tell them no. icon_confused.gif

As I said earlier, this always brings out lots of opinions for both sides of the issue.

Diane
Lord, If you can't make me thin, please make my friends fat.
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Lord, If you can't make me thin, please make my friends fat.
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post #26 of 63
Quote:
Originally Posted by marthajo1



I think I read on here somewhere that some states are even making it hard on the actual bakeries too.



Thank you for noticing the difference between the home kitchen and an actual bakery. icon_lol.gif

The state of Louisiana is also hard on us bakeries and our inspector comes in every three months. And if she finds contamination she has no problem pouring bleach all over the product. She told us she had to shut down someone illegally serving food and she poured bleach all over $1600 worth of food.

She said if she catches someone setting up a wedding cake without a license she will pour bleach all over the wedding cake and too bad on the bride.

She also told us she recently destroyed $21,000 worth of meats at the Isle of Capri Casino because they were outside barbeque-ing without an
outside food certificate. And that was the mafia! icon_surprised.gif

I don't know what the fines would be.
I did meet a lady that got caught about 15 years ago and she said she would never sell another cake in her house. She said she had to pay a $10,000 fine. And pay back taxes to the IRS.

Sounds like anything is possible, depending on how strict the inspector is.

mpc
post #27 of 63
Quote:
Originally Posted by mypastrychef


The state of Louisiana is also hard on us bakeries and our inspector comes in every three months. And if she finds contamination she has no problem pouring bleach all over the product. She told us she had to shut down someone illegally serving food and she poured bleach all over $1600 worth of food.

She said if she catches someone setting up a wedding cake without a license she will pour bleach all over the wedding cake and too bad on the bride.

She also told us she recently destroyed $21,000 worth of meats at the Isle of Capri Casino because they were outside barbeque-ing without an
outside food certificate. And that was the mafia! icon_surprised.gif

I don't know what the fines would be.
I did meet a lady that got caught about 15 years ago and she said she would never sell another cake in her house. She said she had to pay a $10,000 fine. And pay back taxes to the IRS.

Sounds like anything is possible, depending on how strict the inspector is.

mpc



IMO that inspector is on a major power trip. I fully understand the need for health inspections and that the rules should apply to everyone, but if that is what she is actually doing, then I think it is wrong. Again, JMO.
Happy Baking! Melody Z
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Happy Baking! Melody Z
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post #28 of 63
Oh yes Melz!!! I completely agree. I can see fining, punishing, but ruining thousands of dollars worth of food and a WEDDING CAKE!!!!! That just isn't right. icon_evil.gif
post #29 of 63
Quote:
Originally Posted by gabbenmom

Oh yes Melz!!! I completely agree. I can see fining, punishing, but ruining thousands of dollars worth of food and a WEDDING CAKE!!!!! That just isn't right. icon_evil.gif



If I understood the inspector correctly she was implying that the product was contaminated (even if it wasn't) and she was following health department code. So I don't think it was out of being evil, she was following the state regulations.

She also said we have to correct any violations because if her bosses come in to inspect behind her, they will want to know why she didn't enforce the rules. Crazy things like painting all exposed wood surfaces even if canned food is stored in these areas. Man we have had to do alot of wild things that really don't make sense! But we sure don't want to get shut down!
mpc
post #30 of 63
There are some crazy rules out there when it comes to food handling. I owned a cafe for 13 years and a bar for 13 years and had to be inspected by the health dept. in both. One thing that I got marked down for was the lid not being closed on the dumpster in the alley. Never mind that four different businesses used it! Never understood why the women's trash had to have a lid but the men's trash didn't. I assume because of feminine products but it just seemed stupid.

Can you imagine an inspector coming in and pouring bleach on a wedding cake if you were the bride? I'd be for killing someone!

Diane
Lord, If you can't make me thin, please make my friends fat.
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Lord, If you can't make me thin, please make my friends fat.
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