I have recently started to sell cakes and was concerned about the licensing, etc. One thing mentioned to me by my health department was that if I actually baked and decorated on-site then technically I did not need a license...in other words, I was getting hired for a service and not a product. Kinda like a chef is hired to come into a home and cook. I thought this concept was kinda interesting...

Then, the other day when I was driving home I had a thought as I passed by a local snowcone stand. Since I actually do this part-time, what if I actually bought cakes from a bakery (unfrosted...just the bread) and purchased frosting already made. Does this mean that I don't need a commercial kitchen since all products are already prepared?? My passion is decorating cakes, not necessarily baking them. Just wondering if anyone has ever thought about that.

Here's some info I was able to find from the TX Dept of Health...

http://www.tdh.state.tx.us/bfds/foods/faq.html

An individual who manufactures and packages food for sale is required to be licensed as a food manufacturer. A requirement of being licensed as a food manufacturer is that no manufacturing can take place in the home kitchen. Individuals who make products in their home are in violation of the Texas Food, Drug and Cosmetic Act, Texas Health and Safety Code, Chapter 431