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Selling cakes when you're not legal - Page 3  

post #31 of 71
That $100 that you made probably could have helped you with about $1k in tax deductions not to mention the supplies you could have gotten at wholesale saving you even more $$. My first business (before opening my bakery) actually gave a tax refund the first 2 years...I'm talking we went from paying several hundred on April 15th to getting a return of a few thousand! When you all do this illegally do you realize how many laws you are actually breaking??? City, county, state, & federal.
"If you don't know where you are going.....how are you going to get there?"
"If you don't know where you are going.....how are you going to get there?"
post #32 of 71
Imartsy~ I live in KY too. I just heard from a girl last weekend who was reported to the Health Department by a caterer who thought she took some of her business. Some one from the Health Department called her and asked if she made wedding cakes. She told him for friends only. I was in shock!!!! I know this caterer and I have always thought well of her. This has really changed my mind. The company I work for uses her several times each month and she always handles our Thanksgiving and Christmas meals. Plus I know that she has other business contracts. I could not believe that she turned this girl in for making her friends' wedding cake.

When I make a cake, I only make them for friends and family. Even when I try to give them away, people give me money. When someone wants cake that a bakery or Wal-Mart can't or won't make for them, they are so excited that I will try to make whatever they want!
Debra
Debra
post #33 of 71
Thanks Mbalis.

Dear Husband!!! icon_lol.gif
I woud have never thought about the "dear" part. Coul think of MANY other words. tapedshut.gif
Never underestimate the capacity of another human being to have exactly the same shortcomings you have -Leah Steinberg in America West
Never underestimate the capacity of another human being to have exactly the same shortcomings you have -Leah Steinberg in America West
post #34 of 71
It's really skating on thin ice... Especially for this state... MN "The State Where Absolutely NOTHING Is Allowed"..

It is illegal here to bring in food/cake that wasn't baked in a licensed facility unless it is into a church (bake sale) or public location such as a park or shelter house.. The skirting around the law is if it's made in a licensed kitchen, the challenge is if the owner of the licensed kitchen is selling it under their name, no problem. If you are selling under your own name using their facility, you need your own license.. If you are just making it there and giving it to someone you don't need a license. Not a big deal to obtain, just two inspections and you're good to go, but still a lot of people don't do it..

I am basically renting space from my in-laws. Not the ideal situation by any stretch because I can only do cakes certain parts of the year, but still, that's better than nothing.

In some respects I totally think the laws are screwy. I really don't think someone who is a food manager is cooking any differently at home than they do at the kitchen other than everything might not be NSF at home. I also think that it doesn't matter as long as people keep their kitchen area spotless and free from pets that there is a problem with having a home kitchen (I'd be fine with a "No dogs/cats/hamsters/furry critters" rule)..At the same time though, I know people that I wouldn't eat at their house regardless of the reason. FiFi and Fido have the run of the kitchen and not very good personal care. It's all relative..

But, when all is said and done, it eventually catches up if you don't run things properly regardless of whether one is legal or illegal..
post #35 of 71
I agree, and I think that's why the licensing laws force some states to have people bake in licensed kitchens. Some home kitchens are totally clean; others, I don't even let my family eat there!

I do happen to know that my home kitchen is much, much cleaner than the licensed kitchen I am able to rent at a local mexican restaurant, which usually smells like tamales and fried onions..! icon_surprised.gif BUT I can't sell out of my home, and I have no desire to get turned in by local caterers, because I DO intend to make a dent in the market here, so I have to be legal.

I'm very lucky, because I rent the kitchen I use on a per-use basis. When I bake for friends and family, of course, I do it from home, but if it's for customers, I use the legal kitchen, even though most of them don't know OR care where the cake came from. It just makes me sleep easier knowing I can't get in trouble for doing business. And you never know any more. How many law suits have there been in recent years over food, hot coffee, foreign items in food, etc., farcical or real?

It's depressing to try to start, though, because you can't just say "Hey, I think I'll start a bakery", rent a building, buy a zillion supplies, run some ads, flip on the lights, and sit there waiting to see if you'll get enough business off the street every month to pay the rent. (that's a LOT of cake, most places!). Plus, most of us, if I'm not mistaken, are mothers and wives who aren't necessarily in a position to leave the house for 8 hours in a rented shop every day trying to do a new business start-up. And to get enough clients to justify a shop, you have to start somewhere first, right? Catch-22 if I ever saw one...

Keep looking for a local kitchen to work something out with, if you're serious about doing it as a business. If you just like making cakes for people, I'd stick with not actually selling them. I just didn't like going to bed at night wondering if the phone's going to ring and it's "the State Department of Health" calling with "a few questions" or whoever.... icon_surprised.gif

Not doing cakes any more, moved on...

Now blogging about life after cake and other randomness here:  http://itsa-long-story.blogspot.com/

Not doing cakes any more, moved on...

Now blogging about life after cake and other randomness here:  http://itsa-long-story.blogspot.com/

post #36 of 71
I have been on boths sides of the fence, even though I don't advocate ratting anyone out. I have to give you guys the view from the "OTHER SIDE".

I don't think that it's fair to me or any lic. bakery to have a "homebaker" undercut me.

to have someone that hasn't 'jumped' through the hoops as I have to set up shop, and because they do not have to pay rent or any fees and basically everything they make is pure profit does drive me mad sometimes.

I have to earn 67 dollars a day JUST to pay rent! Over 400 dollars a week! So, yes, my prices are a bit high!!

Is it fair that someone sees one of my cakes and says to themselves or their friends, I can do that cake and charge you 1/2 of what you just paid?

Is it fair that I have to, after I close, steam clean my kitchen? Tired from making, baking and decorating cakes..I have to wash up, clean up and steam clean everything from my ovens to my floors so I can keep my place open?

I would love to be sitting at home, with my feet up, cat on my lap, cuppa coffee and tv blasting while I wait for cakes to bake! Not, working on my financial statements, bank account, web site, customer call backs, wheeling and dealing trying to earn my next dollar.

The beach is right outside my door, I can't even just say, let me take a few minutes and get some sea air and relax.

After I put in my 12 hour day at the store, I have to go home and if don't fall dead sleep in my shower, I can actually talk to my family for a few minutes before I have to go to sleep!

So, do I approve of a "HOME BAKER"? No, not in the LEAST. Have I been a "HOME BAKER?" Absolutely!! that's how I put food in my child's belly when she was a baby! Would it be easier to do this from home! OH YEAH BABY...but I wouldn't get the same validation from the media that I have been getting.

Would I EVER call and report anyone....ABSOLUTELY NOT! I just have to work, 2x's 3x's harder to knock people's socks off!!

I absolutely believe in KARMA!! so, if there are any sneaky cheeky bakers in Miami, cutting into my business...hahahahaa! well, I just hope that your gain was worth all the stress that I go through every day...!!! lol

Now, that's the business woman in me speaking...so....PLEASE DO NOT GET OFFENDED! or mad at me or throw tomatoes at me...lol
post #37 of 71
Thanks for that post RisqueBusiness - that makes a lot of sense.

I absolutely LOVE your avatar! It is hilarious!!!
post #38 of 71
Quote:
Originally Posted by Fancymcnancy

Thanks for that post RisqueBusiness - that makes a lot of sense.

I absolutely LOVE your avatar! It is hilarious!!!



Thanks, I was a bit apprehensive about making that post, because I know how sensitive people can be! But, I work hard for my landlord..lol

Somedays I don't even have time to eat!!

But would I change anything? Absolutely NOT.

I just hope that I can continue doing what I'm doing for my clients and not get so burnt out or discouraged when I lose an order ( coz I KNOW someone went with an unlic homebaker..lol)

It is also very hard to be a creative person, constricted by the every day, mundane workings of keeping a place open.

I don't want to worry about paying my bills!!!...i want to sit and play with sugar all day! I want to bring the cakes that live in my head to life!!!

Whaaaaa icon_cry.gif

Welp...let me drink another cup of rocket fuel...( strong coffee with an envelope of Hot chocolate!!..and here I thought stressing over the bills was keeping me from a good nights sleep! haaaaa! )
post #39 of 71
Some of you may remember that a while ago I posted about the filthy condition of the restaurant whose kitchen I was using. I called my county health inspector to ask some questions about the inspection scoring system and she told me that the cleanliness of the facility is only worth 3 "points" because they're cooking food in there, and "everything can't be clean all the time". She also said that the inspectors pay the most attention to food safety issues - things like food temperature and storage issues.

Here is also something from their web site:
Quote:
Quote:

The latest version of the Texas Food Establishment Rules (TFER) went into effect March 15, 2006. The new format focuses on causes for food born illnesses. Demerits are given for any deficiencies in the acquisition, storage, handling, and preparation of food found during the inspection. Demerits are not given for items such as dirty floors and walls. These issues are addressed under a different time schedule for correction. The goal is to leave our restaurants with all deficiencies corrected.



This almost makes me cry, y'all. "Demerits are not given for items such as dirty floors and walls." Yet my lovely home kitchen is "contaminated" (per my conversation with the inspector) and I can't even make a fondant bow for a cake here.

If they don't care about the cleanliness of the facility, why don't they just issue me a food handler's certificate and let me cook in my kitchen!!???

It's a moot point. I can't change the law. I found a licensed kitchen, got my food purveyor's permit and food handler's permit. I'm legal. I jumped through their hoops and I'm paying through the nose for it.

But I don't have to like it.
post #40 of 71
Quote:
Originally Posted by kelleym

It's a moot point. I can't change the law. I found a licensed kitchen, got my food purveyor's permit and food handler's permit. I'm legal. I jumped through their hoops and I'm paying through the nose for it.

But I don't have to like it.



I agree with you 100%...I am legal, paying through the nose, I don't have to like it, but I have to do it....so, if I get a little burnt under the collar at home bakers..so be it! lol...


But I still would NOT report ANYONE! lol...I just can't do it....I will just keep on raising the bar on quality, design and customer service!! lol
post #41 of 71
Quote:
Originally Posted by kelleym

Some of you may remember that a while ago I posted about the filthy condition of the restaurant whose kitchen I was using. I called my county health inspector to ask some questions about the inspection scoring system and she told me that the cleanliness of the facility is only worth 3 "points" because they're cooking food in there, and "everything can't be clean all the time". She also said that the inspectors pay the most attention to food safety issues - things like food temperature and storage issues.

Here is also something from their web site:
Quote:
Quote:

The latest version of the Texas Food Establishment Rules (TFER) went into effect March 15, 2006. The new format focuses on causes for food born illnesses. Demerits are given for any deficiencies in the acquisition, storage, handling, and preparation of food found during the inspection. Demerits are not given for items such as dirty floors and walls. These issues are addressed under a different time schedule for correction. The goal is to leave our restaurants with all deficiencies corrected.



This almost makes me cry, y'all. "Demerits are not given for items such as dirty floors and walls." Yet my lovely home kitchen is "contaminated" (per my conversation with the inspector) and I can't even make a fondant bow for a cake here.

If they don't care about the cleanliness of the facility, why don't they just issue me a food handler's certificate and let me cook in my kitchen!!???

It's a moot point. I can't change the law. I found a licensed kitchen, got my food purveyor's permit and food handler's permit. I'm legal. I jumped through their hoops and I'm paying through the nose for it.

But I don't have to like it.



Amen to that. I feel your pain, I really really really do.
Life's too short to drink poison- Alton Brown
I'll start being nicer when you start acting smarter.
Life's too short to drink poison- Alton Brown
I'll start being nicer when you start acting smarter.
post #42 of 71
Does anybody know about getting legalized in TN!! I've looked on tennesse.gov and I've had them send me informations, but it is all so confusing!! I've even talked to the guy over this department and he acted like he didn't know what a home baker was!! He asked if I meant separate from the house.

I only bake for close friends and by word of mouth nothing major at all; but I just want to be on the safe side!!


Help!!! icon_cry.gif
I dream about cakes and stilettos!!
I dream about cakes and stilettos!!
post #43 of 71
Reading this thread makes me so glad I live in Ohio. As long as we don't have indoor pets or carpet in our kitchen, we can operate under cottage foods. Smack an ingredient label on the box and we are good to go! I really feel for all of you who have to jump thru hoops. Like someone said before...licensing and all takes money, and you have to start somewhere! Good luck to all of you!
post #44 of 71
WOW!!!!! I am super confused now! I did not know that there was something this serious out there for us non- professional bakers. I am just your run of the mill mom who enjoys making cakes for others. I don't make more than 80 bucks a month on cakes. I usually do birthday cakes and that is about it. I can't help it that people want my cakes and enjoy the work I put into it. I have not advertised anywhere and just go by word of mouth. People just keep ordering from me and they know I don't have a liscense. So with the fact that I only make 80 to 100 bucks a month ( if I have a good month) does this mean I am in trouble? The most I have ever charged for a cake is 35 and that is it. I don't even make a profit but break even with them basically paying the ingredients. I don't mind though because I don't need that money. I just literally like creating cakes. I love making people happy and seeing what new things I can do out there. So am I doing wrong by this? I live in MO as well so I was shocked to see this thread!
post #45 of 71
OMG, RisqueBusiness! You took the words (making them nice) right out of my mouth! THANK YOU! THANK YOU! THANK YOU! Everything you said is RIGHT on the money!!!
"If you don't know where you are going.....how are you going to get there?"
"If you don't know where you are going.....how are you going to get there?"
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