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Question for those who bake and sell from home - Page 11

post #151 of 222
11/6/08 at 9:52am
Sorry I skipped a few post.Are you saying these rules apply to all of Ky or just the Louisville?I live further south in a rural area.
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post #152 of 222
11/6/08 at 10:03am
Quote:
Originally Posted by Biabeke

I read all of the posts and I was almost discouraged. Oh well, I refuse to be dicouraged! Famous cake makers like Sylvia Weinstock and Ron Ben-Israel started very small. It would be preposterous for someone to just open a business right from the beginning. For those of you who are not legal yet, be discreet and secure enough clients before becoming legal.




It can be discouraging. But I can't help but think of the cake decorators in my area that are doing it the right way, and how I intend to become a legitimate businees owner myself. I am not going to do things that put my family at risk, whether it be fines from the IRS or getting sued by someone who choked on a nut from my date bread.

I am going to practice on family members, keep myself busy with decorating competitions, and SAVE money! Not sneak around, selling under the table, hoping not to get caught. What kind of respect does that earn from the gals/guys who are operating legitimately?
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post #153 of 222
11/6/08 at 10:45am
Quote:
Originally Posted by leahs

Yeah, good luck with that strategy. I was operating on a "limited license" and got caught the second week. Had to get the full catering license immediately. And I was not advertising. The Health Department inspectors live and work in the community too.



I had a catering friend who was busted 30 days after putting up her website .... the inspectors who knocked on her front door told her their boss told them to start scouring the internet and "....shut down the home caterers/bakers".

A flyer or biz card is just as revealing as a website. You never know who was invited to that baby shower.
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post #154 of 222
11/6/08 at 10:46am
I just wonder how the conversation would go if two bakers/decorators met up at a party or something and started talking cakes. One is licensed, the other is not. When would it turn sour?
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post #155 of 222
11/6/08 at 10:47am
Quote:
Originally Posted by leahs

Yeah, good luck with that strategy. I was operating on a "limited license" and got caught the second week. Had to get the full catering license immediately. And I was not advertising. The Health Department inspectors live and work in the community too.



It depends on the state too...if the laws are easier in the state, then its going to be easier to bake nonlicensed for awhile.

Here in PA we only answer to the Dept of Ag and they are so busy they aren't going to run after somebody baking out of home, small scale.

I'm licensed...but I did it nonlicensed for awhile first.
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post #156 of 222
11/6/08 at 10:53am
[/quote]Here in PA we only answer to the Dept of Ag and they are so busy they aren't going to run after somebody baking out of home, small scale.[/quote]


And this is where integrity and honesty have to be up front and in full force, no? I couldn't operate on the basis of "they are just too busy to catch me". With my luck, someone I pissed off in high school is probably the inspector for our health department and would love to come pay me a visit! icon_lol.gif
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post #157 of 222
11/6/08 at 11:12am
Quote:
Originally Posted by kokopuff

Sorry I skipped a few post.Are you saying these rules apply to all of Ky or just the Louisville?I live further south in a rural area.



Other than my one sentence that references Jefferson county, all that other stuff applies to the entire state.

There is a third category but only applies to you if you are a farm.
Answers to the most often asked questions re: SPS. SPS instructions are on Page 15 of the Sticky at the top of the Cake Decorating Forum. Supplies can be ordered from Oasis Supply, Global or BakeryCrafts.
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Answers to the most often asked questions re: SPS. SPS instructions are on Page 15 of the Sticky at the top of the Cake Decorating Forum. Supplies can be ordered from Oasis Supply, Global or BakeryCrafts.
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post #158 of 222
11/6/08 at 11:23am
No, I do not have a farm.One less thing to worry about I guess.So do I have to get a license first or have my kitchen inspected first?I want to be legit but I am confussed as to where I should begin.Any suggestions would be appreciated.Thank you!
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post #159 of 222
11/6/08 at 11:37am
hi, just jumping in. i know this is such a touchy subject. and i dont want to add to the confusion but i do have a question. (i dont sell my cakes. i only do cakes and baking as a hobby and share with my friends/family/co-workers.)
unlicensed bakers are worried if someone chokes, or is allergic to their cakes (baked goods) and being sued etc.
does anyone know if i baked and served a cake for my, say grandaughters b-day party, and that happened could i be sued?
or i baked the cake for my daughter to bring to her friends party. what would happen then? or a co-worker got sick because my eggs were bad?
is it because no money has been exchanged that legal action can not take place. or can it?
just curious???
im sure laws are different in every state (im in connecticut) but that common concern must be everywhere???
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Wilton Method Instructor. If you're lucky enough to be on a beach...you're lucky enough.
DANCE as though no one is watching you, LOVE as though you have never been hurt before, SING as though no one can hear you, LIVE as though heaven is on earth...souza
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post #160 of 222
11/6/08 at 11:45am
Ooh, and in a state (Like Iowa, where I am) with cottage food laws (selling foods that don't need refrigeration, like at a farmer's market, as mentioned before), is it legal to advertise your goods for sale if you're not licensed? I'm looking to get my home kitchen licensed, but I rent my house, so I'm not sure yet how that will affect me. Could I advertise before getting licensed under said cottage food laws?

(I'm also looking at renting space at a church or something, but wondered at the legality of advertising, since I can't seem to find any info on that)
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post #161 of 222
11/6/08 at 11:53am
Quote:
Originally Posted by aundrea

hi, just jumping in. i know this is such a touchy subject. and i dont want to add to the confusion but i do have a question. (i dont sell my cakes. i only do cakes and baking as a hobby and share with my friends/family/co-workers.)
unlicensed bakers are worried if someone chokes, or is allergic to their cakes (baked goods) and being sued etc.
does anyone know if i baked and served a cake for my, say grandaughters b-day party, and that happened could i be sued?
or i baked the cake for my daughter to bring to her friends party. what would happen then? or a co-worker got sick because my eggs were bad?
is it because no money has been exchanged that legal action can not take place. or can it?
just curious???
im sure laws are different in every state (im in connecticut) but that common concern must be everywhere???



The money exchange has nothing to do whether, or not you get sued. Is your granddaughter going to sue you. I would think not. If I got sick from a coworker I wouldn't sue, but you can't tell with people these days.

Mike
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post #162 of 222
11/6/08 at 11:58am
FOR TN "IN HOME" BAKERS

http://tennessee.gov/sos/rules/0080/0080-04/0080-04-11.pdf

I found the info we need to know to have a legit "in home" bakery.
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post #163 of 222
11/6/08 at 12:19pm
Quote:
Originally Posted by kokopuff

No, I do not have a farm.One less thing to worry about I guess.So do I have to get a license first or have my kitchen inspected first?I want to be legit but I am confussed as to where I should begin.Any suggestions would be appreciated.Thank you!



The first thing to do is check zoning and subdivision deed restrictions. Not being permitted to have a business use will be the first thing to shut you down.

Second, call your local Health Department, or write to the nice people in Frankfort

Cabinet for Human Resources
Department for Health Services
Food & Cosmetics Branch
275 East Main Street
Frankfort, KY 40621

and ask for a free copy of the Kentucky's Food Establishment Act and State Retail Food Code.

Heck you might even find it online somewhere.

You will likely have a preliminary visit from an Inspector, because I'd be pretty surprised if your home kitchen already met the code, but who knows. Then you'll probably take your class, pass the test, then have your inspection for real.

Then incorporate, register for resale cert and biz name, and buy insurance.
Answers to the most often asked questions re: SPS. SPS instructions are on Page 15 of the Sticky at the top of the Cake Decorating Forum. Supplies can be ordered from Oasis Supply, Global or BakeryCrafts.
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Answers to the most often asked questions re: SPS. SPS instructions are on Page 15 of the Sticky at the top of the Cake Decorating Forum. Supplies can be ordered from Oasis Supply, Global or BakeryCrafts.
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post #164 of 222
11/6/08 at 12:24pm
mike, i didnt mean my grandaughter would sue me. i ment the parents etc.
i do agree that too many people are sue happy. my daughter works for an attorney, there is never a shortage.
i guess my curiosity was or my question is,
if my cake is at a party, and someone gets sick (or whatever!)
does it matter if my cake was paid for.
maybe that is more of a legal question. but with all the expirienced people here i just thought i would ask.
even more of a reason for me not to do a home business!
well that and lack of talent!!! (haha)
...........practice, practice, practice!!!
Wilton Method Instructor. If you're lucky enough to be on a beach...you're lucky enough.
DANCE as though no one is watching you, LOVE as though you have never been hurt before, SING as though no one can hear you, LIVE as though heaven is on earth...souza
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Wilton Method Instructor. If you're lucky enough to be on a beach...you're lucky enough.
DANCE as though no one is watching you, LOVE as though you have never been hurt before, SING as though no one can hear you, LIVE as though heaven is on earth...souza
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post #165 of 222
11/6/08 at 12:29pm
Quote:
Originally Posted by aundrea

mike, i didnt mean my grandaughter would sue me. i ment the parents etc.
i do agree that too many people are sue happy. my daughter works for an attorney, there is never a shortage.
i guess my curiosity was or my question is,
if my cake is at a party, and someone gets sick (or whatever!)
does it matter if my cake was paid for.
maybe that is more of a legal question. but with all the expirienced people here i just thought i would ask.
even more of a reason for me not to do a home business!
well that and lack of talent!!! (haha)
...........practice, practice, practice!!!



If you aren't a business, your homeowner's insurance would be your first option to try in this situation. Liability coverage extends from that to certain situations.
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"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
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