Bill In Maryland To Legalize Home Kitchens! Need Your Help!

Decorating By Jodiedew Updated 8 Jul 2011 , 5:48pm by stevel

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kelleym Posted 2 Mar 2009 , 10:02pm
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Good luck, everyone! I will be thinking of you guys, and anxiously waiting to hear how it went.

~~~~Sending good vibes from Texas!!!!~~~~~

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jojo0676 Posted 3 Mar 2009 , 7:29pm
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Of course I just came upon this topic today. I live in MD and would love home bakeries to be legal. I haven't had time to read the whole thread but hope to soon. I will definitely contact my delegate!!

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Jodiedew Posted 3 Mar 2009 , 9:17pm
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Hi all! So, the hearing today went really well. Thanks so much to Bturpin and Sweetpea1972 for testifying, and thanks also to those who supported us in person and those who sent emails to your delegates! As a reminder for those catching the end of the thread, the bill is very simple and states the following:

A person may sell nonpotentially hazardous baked goods made in a kitchen in a private home without a license to operate a food establishment, if the baked goods are:
(1) sold to an individual for the individuals own consumption and not for resale; and
(2) clearly labeled not for resale and processed and prepared without government inspection.

Delegate Love introduced the bill, and then the 3 of us testified about why the bill was good for Maryland, personal reasons we wanted the bill to pass, and rebuttals against possible objections. The committee delegates then asked us a few questions. One delegate wanted to know the definition of nonpotentially hazardous food (apparently the legal definition involved hard boiled eggs somehow, and he wanted to know if we bake with hard boiled eggs. Delegate Love told us later hes the funny guy in the committee). We had questions on zoning (what would stop us from having an industrial oven in our house and basically acting like a commercial retailerits just not reasonable, plus local zoning laws), on labeling (would we be willing to put our name on the stickers that stated not for resaleyes), and on how we would become legal (LLC versus sole proprietor versus Doing Business As).

Then the Department of Health and Metal Hygiene (DHMH) testified against the bill, under the argument that there would be no inspections or control that we were selling nonpotentially hazardous foods. He received a lot of questions, many of which seemed to be in favor of us. Committee delegates asked if the consumer clearly saw the label that said prepared without government inspection, wasnt she putting her life in her own hands and clearly aware that there was no inspection. There was a question asking if Girl Scout bake sales were legal (apparently they are not, but the DHMH representative said they do not pursue them). A delegate discussed putting in a provision that we had to take a sanitation course prior to becoming legal. Another delegate asked about having a home inspection. The DHMH representative mentioned that inspections would be good but that they did not have the staffing or funds, but then he later stated it was at the local level where inspections occurred.

Prior to the hearing, Delegate Love said the bill would most likely fail due to the objections of the DHMH. She said she decided to keep the bill so we could see the process and maybe improve upon the bill in the following year (oftentimes it may take 3-5 years of presenting a bill before it passes). However, after the hearing she said she was surprised at how well it went. Many committee delegates seemed in favor of allowing us to have legal home kitchens. Delegate Love is going to contact some of the delegates who asked questions and had concerns, and she might consider amending the bill to be more amenable. If the bill does not pass this session, I believe we got enough great feedback from the delegates that we can try again next year and be more successful.

So, thank you everyone for your support! Keep your fingers crossed, and Ill let you know about the bills status as soon as I hear anything. And, if the bill sadly does not pass this session, I promise youll be hearing from me next year to renew this effort! We will get legal home kitchens in Maryland one day (and hopefully soon!).

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BethHansen Posted 3 Mar 2009 , 9:49pm
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I am glad the hearing went so well today! Good job! I am keeping a close eye on this (and on Texas), hoping that someday we can do the same here in Nevada.

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BCo Posted 4 Mar 2009 , 1:27am
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Thanks again Jodie- it was an interesting experience and I believe we have more insight on the types of issues they were focusing on. Seems like we could have had a little more in the bill stating that we would be fine with all of those things the delegates had mentioned. I think we will definitely be prepared for next year! The Boy Scout bake sale comment still makes me laugh just thinking about it!icon_smile.gif I think I will put their logo on my website just to be on the safeside, after all, even the HD said they really don't go after them.............. icon_lol.gif

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MrsAB Posted 4 Mar 2009 , 5:13am
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Jodie, congratulations on a job well-done!!! **patting you on the back** Ii'm glad to read all went well. I'm sorry to say that I didn't get a chance to get my letter in before the hearing. icon_sad.gif And thank you once again for the very informative summary of events.

I have one comment that may be of interest regarding the sanitation course...look into taking the SafeServ course at your local community college. It's the course that many caterers and those in the food service industry take. I took the class and learned quite a bit about safe food handling, temperatures (cooking & storing), etc. Once you pass the test you can take your passing certificate to your county health dept. and apply for a Food Service Mgr. ID card. This information is per Prince George's County but I'm sure it may be the same in other counties as well. HTH!

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Jodiedew Posted 4 Mar 2009 , 12:59pm
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Thanks MrsAB. The delegate did specifically mention the SafeServ course. Apparently the state does not require anyone in the food industry to take the course, but about 75% of people do anyway. The delegate suggested maybe adding a provision to the bill that requires home bakers to take the course. That would be fine by me, as long as I could become legal!

If anyone ever has a chance to testify, definitely do it. It feels really empowering that you're actively trying to make a change!

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Jodiedew Posted 4 Mar 2009 , 1:38pm
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Hey - we made the Washington Post: http://www.washingtonpost.com/wp-dyn/content/article/2009/03/03/AR2009030303333.html

Members of an online cake community appeared before the Health and Government Operations Committee, which was hearing the food-related bills yesterday, to ask that Maryland make it legal for them to sell "non-potentially hazardous" items baked in their homes. Unlike in neighboring states, it is illegal in Maryland for unlicensed and unregulated home bakers to sell their wares.

The bakers said they wanted the ability to start home businesses to supplement their incomes in difficult economic times. But Alan L. Taylor, director of the Office of Food Protection and Consumer Health Services, told the committee that he opposed the idea because customers would have no way of knowing whether the items had been baked in safe conditions.

"Let's consider some popular pies: Apple, lemon meringue, pumpkin, sweet potato," he said. "Many bakers can produce an excellent pie. But three of those pies are potentially hazardous."

The safer pie? Apple, in part because the filling in the others might contain bad eggs, he said.

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BCo Posted 4 Mar 2009 , 4:04pm
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Thanks for the post about the article Jodie- guess they didn't use our names after all, maybe we don't have to go into witness protection program to hide from the underground cake people police!! LOL icon_lol.gif

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bonniebakes Posted 4 Mar 2009 , 7:43pm
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Jodie - thank you SO much on all our behalf's for all of your hard work (and thank yo to everyone else who helped)!!
Do you have any idea how long it will be until they make a decision?

Please let me know if there is anything else that I can do to help as the process moves along.


Bonnie

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sweetpea1972 Posted 7 Mar 2009 , 6:40pm
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Jodie,

Sorry this is so late, but I wanted to thank you for all of your help spearheading this issue. If it doesn't pass this time, I know we'll all be back on board to help next time.

Testifying was one of the most intimidating things I've done but I was very proud of our group. Thanks to those who came to show their support. It was cool to put faces with names (or screen names at least icon_smile.gif)

Thanks also for the link to the Washington Post article. I'm glad also they didn't use our names! icon_smile.gificon_smile.gif

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stevel Posted 9 Mar 2009 , 7:15pm
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Hi,

I am new to the forum and am interested in writing a letter to get kitchen legalized in Maryland.

Thanks
stevel

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djs328 Posted 10 Mar 2009 , 8:52pm
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Wow - I am very anxious to see how this turns out...what a great opportunity it would be for Maryland bakers to be allowed to legally sell from our homes! I know it's too late for this session, but...

Jodie - do you think writing letters to our delegates now would be worthwhile/too late? I have plenty of friends and family who would love for this to happen! icon_wink.gif I'd love to help if I can!!

Thanks for all your dedication to a great cause! thumbs_up.gificon_smile.gif

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Jodiedew Posted 16 Mar 2009 , 1:20pm
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I emailed Delegate Love's office, and the committee still hasn't taken any action on the bill. Yes, definitely feel free to contact your delegates with phone calls, emails, or letters. Encourage them to tell the Health and Government Operations Committee to vote on HB 728 (and, of course, to vote to pass it!). There's only about another month left of this year's legislature, and we don't want the bill to just be forgotten in committee!

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Jodiedew Posted 25 Mar 2009 , 2:06pm
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Disappointing news: the bill died in committee. I'm attaching the email below. The delegate does think we could have a chance in the future. During the legislative break (basically, until January), we should organize ourselves a bit better. We should contact the Health Department contact and find out what will let them accept our bill (Jody Menikheim, Chief, Division of Facility and Process Review who is the DHMH agricultural ombudsman, 410-767-8454). Let's work with the Maryland chapter of ICES and get their support. Let's learn from the fantastic job Texas is doing to promote their bill. I'm confident we'll eventually get this bill to pass in Maryland!


---------- Forwarded message ----------
From: Love, Mary Ann Delegate <[email protected]>
Date: Wed, Mar 25, 2009 at 9:52 AM
Subject: RE: HB 728 status
To: Jodie Sandel <[email protected]>



Jodie: We received word yesterday that the bill was killed in committee. May I suggest that over the Interim (which is what we call the time between Sessions) you gather information and live body support. I have seen some bills be introduced for three and four years before they finally get through. I think the biggest obstacle is the Health Departments. You may want to check out the reference made in Dr. Brenchs letter of October 22, 2008 to a Jody Menikheim, Chief, Division of Facility and Process Review who is the DHMH agricultural ombudsman. He references her with regard to Farmers markets. Now while this is not what you wanted, sometimes by dialoguing with these type of people you get clues as to how to accomplish what you want. You may also want to see if you can find someone in the other states who passed this legislation to get some ideas about how they approached this with their elected officials.

As an fyi Session will be over on April 13, 2009. Right after that I go back to two/three days a week and I am the only staffer. We also go into some intense work on awarding House of Delegates scholarships. I will be here to check e-mails and I dont want you to hesitate to contact the Delegate just know that if I am on vacation for a week everything goes down but I will get back to you when I can.

The one bright side is you are now a veteran at testifying before the Committee as well as pulling together a group to testify. Again, I am sorry it did not go well and Delegate Love sends her hellos and regrets

You did a great job for your first encounter hang in there.


Kay Reiser, Legislative Aide



Mary Ann Love

Delegate, District 32

(410)841 -3511

Chairman, Anne Arundel County Delegation

Economic Matters Committee

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sweetpea1972 Posted 25 Mar 2009 , 2:25pm
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Thanks for all you did!

I'm on board for next time!

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BCo Posted 25 Mar 2009 , 2:37pm
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Jodie - I sent you a seperate email. You know I'm on board for next time.

Brandie

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kelleym Posted 25 Mar 2009 , 3:30pm
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Jodie - I'm so sorry to read this. You did a great job laying the foundation, and I'm certain it will pass eventually.

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Barbclara Posted 25 Mar 2009 , 6:27pm
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Hey Jodie,

I live in Maryland and am new to the cake baking world. I too, want to set up my own cake decorating company from my house and realized that it is illegal to do so.

I have more or less followed your thread and am thrilled with the progress you and the group made. Go CC!!

I won't be ready to open up shop for awhile as I continue to practice my skills, but as I prepare and plan out my business and practice my skills over the next couple of years, I'd love to help out and be involved in this initiative in any way I can.

thanks for the effort and please let me know how I can help over the coming calendar year!

Barb

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Jodiedew Posted 25 Mar 2009 , 6:48pm
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Thanks everyone for your support. I already know we have many people on board to help out for our bakery bill 2010 efforts! Let's all try to think of the best way to proceed and organize a bit better than I did this year icon_smile.gif Here are my initial thoughts:

Review laws in the other states. Clearly lay out the type of laws and the successes. (For example, X # of states have laws that require inspections, Y # of states require a food safety course, etc. None of the states that we contact have had any health concerns reported to them). If we could somehow get tax revenue information from some of these states (e.g. all registered home bakers of state Z contributed $XX in taxes in 2008, not including all the money invested into the economy to buy supplies, advertise, obtain insurance, etc.).

Talk to the Health Department contact. Present our findings on other state practices. I think contacting the Health Department is key. If we can get our main opposition on board with us, clearly our chances will be a lot better. Remember the Health Department wasn't against the idea in general, but it felt that the bill as written did not offer enough inspection or control. Let's turn our opposition into our main ally.

Actually draft a mock legislative bill with more detail that would be accepted. Our 2009 bill was too generic. Let's present to Delegate Love (and hopefully many cosponsors) a bill that has more substance.

Get support!! Let's contact MICES and some of the local area cake clubs (Baltimore Best Bakers, CASANOVA, GWACC). Let's try to find supporters to contact delegates from all the Maryland districts. When we get closer to the bill being introduced, let's try to make sure that the committee members are being bombarded by supporters of the bill. Let's increase our petition efforts. Texas has done (and is doing) a FANTASTIC job in this area.

Create a comprehensive website to explain everything that can help generate support. Again, Texas is a model for us: http://www.texascottagefoodlaw.com/

I by no means need to be the leader of this, but clearly I'm quite invested in the idea of legalizing the sale of baked goods from home kitchens. Let's share ideas and figure out the best way to proceed. I know we can be successful!

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Barbclara Posted 29 Mar 2009 , 12:59am
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Jodie,

I'd like to be involved. Please e-mail me at [email protected].

Cheers, Barb

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sweet_teeth Posted 29 Mar 2009 , 1:04am
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I have a question...

I have two people, one in St. Mary's county, and one in Charles County, that state it is legal to have a home bakery as long as you have a separate commercial grade kitchen in your house. Is this true?

One of them has been baking wedding cakes in St. Mary's county for over 30 years.. is very well known.. and recommended by all of the wedding venues around here.

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saygrace Posted 29 Mar 2009 , 4:36pm
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Quote:
Originally Posted by alexandrabill

I have a question...

I have two people, one in St. Mary's county, and one in Charles County, that state it is legal to have a home bakery as long as you have a separate commercial grade kitchen in your house. Is this true?

One of them has been baking wedding cakes in St. Mary's county for over 30 years.. is very well known.. and recommended by all of the wedding venues around here.





I believe that this is true. I called the State Dept. to find out about home baking and I was told that having a seperate kitchen which cannot be entered from inside the house, would be acceptable. So, if you have the space you plan on renovating...Good Luck!!!

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Sweettooth1120 Posted 8 Apr 2009 , 10:06pm
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So I heard through the grapevine that this was all happening but just found the thread. I would love to get involved. Just let me know what to do.

Kim

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djs328 Posted 10 Apr 2009 , 4:11pm
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Have you all seen this? Indiana passed a bill...maybe something to look at for wording? Worked for them! icon_smile.gif

http://cakecentral.com/cake-decorating-ftopic-624331-0-days0-orderasc-.html

(I think I posted the link right?!???)

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StarbucksAddict Posted 10 May 2009 , 6:12am
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I was wondering what the status of this was? I'm almost on summer break and would have the time to do the research on neighboring states as well as draft something up... and would have no problem doing so (would love to actually!). I don't want to spend time re-doing stuff everyone has already found/contributed when that effort could be used elsewhere thumbs_up.gif

And also on that note, when does the session start again? It would stink to have to wait a whole year, especially if we could get something in front of committee to hammer out the issues and whatnot this fall!

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Jodiedew Posted 11 May 2009 , 12:32pm
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Hi StarbucksAddict! I admit I haven't progressed much on this, and if you'd like to take over since you're free for summer break that would be fantastic!

The Maryland General Assembly meets January - April each year, but the delegates work on a part time basis during the rest of the year (so we can still contact them, but there will be no votes). What we can do until then is research the other states where this is legal and definitely contact the Health Department (I can PM you a copy of the original response from the Health Department with their concerns; a contact name is listed there). Once we do that we can present suggestions to the delegates on how best to frame a bill that will pass. Last year's attempt was a bit too vague and that's a reason we weren't successful (but we did have a lot of delegates on our side, so that's promising).

Thanks so much!!!

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FiveAlarmBakery Posted 11 May 2009 , 8:50pm
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Jodie,

I got the email about this from one of the MICES ladies, but due to some crazy home circumstances, I was delayed in sending in my letter.
I would love to keep up with the news of what the group is doing to get homebakeries on the "legal page". Let me know if there's something I can do, or if I can come lay witness or testify with you. If you need a warm body, I'm up here in Whitemarsh, baking away.

I'm all for this and excited that you're doing so much!!! Thank you thank you for everything you're doing!!!

Let me know how I can help!!

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StarbucksAddict Posted 12 May 2009 , 12:37am
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Sure, send me whatever you have.

It would be great to get something going, maybe through this thread of even starting a Google Group for e-mails etc if desired.

Hopefully we can get this up at the beginning of session in January, and get something passed this session (yes, I'm a dreamer!)

Thank again! icon_smile.gif

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KimErskine Posted 24 May 2011 , 3:27am
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I have been doing cakes for a year and it is going pretty well. I would like to advertise and expand from just family and friends but because of the Maryland law I can't. I see these post are from 09 and 10 but I was just wondering if there has been any change or progress. Contact me at [email protected] or respond on here. Thanks

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