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Calling all FLORIDA home bakers - Lets get the law changed! - Page 5

post #61 of 238
Just a little interesting tidbit i found out when i was looking to open my cake shop, and this would go for residential as well, if it ever passes.
If your location (either commercial or residential), is on a septic system, you would most likely be required to put in an entirely separate septic tank to accommodate your work facility. i tried renting a unit, and when i was told it was on septic, the dept. of ag told me i had to get my own tank. no thanks!
i was, however, able to get a waive on a grease trap. i had to fill out an affidavit to explain why it wasn't necessary. it worked! saved me $1500!
just a couple of things ive learned, thought i would share.
I'm in shape - round is a shape, isn't it?
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I'm in shape - round is a shape, isn't it?
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post #62 of 238
I'm here icon_smile.gif ready to make cakes "legally" from my home.... Lets think positive!!!! I think that we can do it. I dont understand much about the laws here- (i just know you cant sell from home, baked goods) but it will be nice that we could use the home kitchen, rather than a separated kitchen, it's quite difficult to do a separated one, so I guess the petittion has to be quite specific. Thanks for the effort!
post #63 of 238
hey guys,

Just had a few thoughts. I think when talking to our representatives there are some points that i think are very important. The fact is there are currently hundreds if not thousands of at home bakers that the state receives no tax benefit from. If at home licensing goes into effect this new revenue stream of taxes would benefit our already budget cutting state. Also the entry into the bakery business is very high more then most businesses due to the kitchen and equipment, but as our at home bakers build there business I would probably guess that a good percentage would ultimately transition to a commercial business in which additional revenue and jobs would be made for our state.

I also think it might be worth looking into seeing if we could find someone considered a food safety expert and see if they could outline an at home risk assessment. If we could get an expert to show that baking is low risk in the grand scheme of food safety then i think this would go a long way in debunking their worries about food/public safety. I think as said earlier the fact that we are dealing with sugar and only 1 (eggs) ingredient that is the biggest risk of contamination. Safety is far more controllable then a typical restaurant with hundreds of ingredients being worked daily and dozens of those having cross contamination risks.

Just some thoughts i had.
post #64 of 238
Thread Starter 
We were totally on the same page with the tax benefit and the eventual transfer into a big bakery operation. Can anyone say "Mrs. Fields" - "KFC" - there are a bunch of others - which i really think that we need to research as well to add to the information.

I saw on the public hearing from Texas that the food safety manager person (don't know her exact title) obtained information from the CDC concerning the total number of food born illness and the percentage that came from home bakers - it was only 25% - and that was all food prepared in a home kitchen not just baked goods. Now - I can't remember if that was a national number or a texas number - I can also do some research on the CDC to find out the numbers in florida or the national numbers or both.
post #65 of 238
i think its sir...i have a friend that had work in tallahasee..and he always uses Sir....
post #66 of 238
Count me in. Although I'm not interested in selling cakes now, I would love to see this law passed thumbs_up.gif You have my support.

Delia
post #67 of 238
Hi..Kayla was nice enough to send me the link to this thread. I am in Miami and I would also love to legally sell cakes from my home. Renting a commercial space is not a possibility for me right now and it would be great to able to do this from home without being "afraid".

I havent had time to read through all the posts but please know that you have my support and I think you are awesome for doing this!

Thanks!!!!
post #68 of 238
I just graduated from Le Cordon Bleu a few months ago.

Im gonna vistit the school 2morrow and talk to the sanitation teacher. he was a health inspector for a long time and now he teaches serv safe classes

maybe ask him whats really the risk for home bakers
*BELLY DANCER*
May Cause Fascination, A State of Desire, And Make You Want to Get Up And Dance! Grab Your Coin Belts, Veils, And Choli Tops! Its Time To Shimmy And Shake!
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*BELLY DANCER*
May Cause Fascination, A State of Desire, And Make You Want to Get Up And Dance! Grab Your Coin Belts, Veils, And Choli Tops! Its Time To Shimmy And Shake!
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post #69 of 238
You can count me in - I'd love to be able to sell my cakes legally from home! If i can get the time at work today, I'll try doing some research on my lunch hour about representative names and so on.

I'm ready to do this! icon_biggrin.gif
Vegetables are a must on a diet. I suggest carrot cake, zucchini bread, and pumpkin pie.
Jim Davis, 'Garfield'

http://buttercreamlove.blogspot.com/
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Vegetables are a must on a diet. I suggest carrot cake, zucchini bread, and pumpkin pie.
Jim Davis, 'Garfield'

http://buttercreamlove.blogspot.com/
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post #70 of 238
janelwaters Here is the code concerning home based baking:

6-202.111 Private Homes and Living or Sleeping Quarters, Use Prohibition.
A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting FOOD ESTABLISHMENT operations.

It is on pg 154 of the code. It is the exact same wording as the Texas code. I think Indiana's bill is up for vote today. Here's luck to them.
post #71 of 238
Linedancer! You rock girl!! Thanks for getting that for janel!

Come on everyone! PLEASE find out who all your rep's are! Addys too, so you can mail them one of the letters Janel will post!!! And dont forget CALL them also!!
We all have different ones so you must find who yours are!!

And like Linedancer said: Good Luck Indiana!!!
I'm NOT 40 something ... I'm $39.99 plus shipping and handling!!

~*~*~*~*~*~*~*~*~*~*~*~*~*

Words from the lovely caterer Goldy: "When in doubt; Bundt"
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I'm NOT 40 something ... I'm $39.99 plus shipping and handling!!

~*~*~*~*~*~*~*~*~*~*~*~*~*

Words from the lovely caterer Goldy: "When in doubt; Bundt"
Reply
post #72 of 238
Thread Starter 
OK - here it is - PLEASE read and review this - I have read it so many times there may well be some gramatical errors etc. Please edit this letter to suit your "story".


April 27, 2009

Representative -----------
-------------
----------, Florida -------------

Dear Representative -------:

The enactment of a Cottage Foods Act to legalize the sale of home baked cakes and cookies is extremely important to me and my family. I am writing to ask you to sponsor a bill that would allow Floridians to sell non-hazardous baked goods prepared in residential kitchens.

In Florida it is illegal to sell a cake made in a home residential kitchen. Most people are not aware of this law. Florida Statute 500, 6-202.111 states Private Homes and Living or Sleeping Quarters, Use Prohibition. A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting FOOD ESTABLISHMENT operations.

This law is in place to protect the public from unsafe foods. However, cakes and other baked goods such as cookies, pies and brownies are considered low-risk for spoilage and contamination due to their high sugar content. There are at least 9 other states that have mechanisms in place for allowing bakers and cake decorators to sell non-hazardous foods made in residential kitchen, including:

Iowa
http://www.extension.iastate.e.....PM1294.pdf
Massachusetts
http://www.mass.gov/agr/market.....itchen.htm
North Carolina
http://www.agr.state.nc.us/fooddrug/homebiz.htm
Ohio
http://www.ohioagriculture.gov.....ensing.stm
Oregon
http://www.oregon.gov/ODA/FSD/docs/pdf/pub_dk.pdf
Pennsylvania
Department of Agriculture (717) 787-4737
Tennessee
http://www.state.tn.us/agricul.....rmit4.html
Utah (as of 200icon_cool.gif
http://ag.utah.gov/regsvcs/Cot.....Letter.pdf
Virginia
Department of Agriculture (804) 786-3520


In Maryland, Delegate Mary Ann Love and in Texas, Representative Dan Gattis are both currently bringing bills to committee to create a cottage foods act. Indiana is bringing their bill to a vote today as well. Would you consider doing the same? I would be glad to meet with you to discuss this further. I also have colleagues and contacts throughout the state of Florida who fervently hope the law will be changed, and they would also be glad to join our meeting.

I have invested time and money in learning my craft. However, for me that is all that it is right now, a craft. Because I do not want to be a lawbreaker I only bake for family and friends and I donate cakes and cookies to my church. I constantly have people want to buy baked goods from me and I have to turn them away. Most of those potential customers go to a "big box, chain store" to purchase their cakes or baked goods, thus not keeping the money in Florida. Most potential customers look at me weird when I say "I cannot bake a cake for you because it is illegal to bake from home". The word homemade conveys quality, not criminal. Everyone eats foods made in residential kitchens every day. There are bake sales at schools and churches, parents sending cupcakes to schools for their childs birthdays, people bake cookies and bring them into the office. There is nothing to fear from these items or non-profit bake sales would be illegal as well. This is not a health hazard.

A quick search for cake on Craigslist already shows many people advertising cake businesses run from their home's residential kitchen. With the economy faltering and people looking for ways to earn extra income, more will naturally turn to selling home-baked goods, unaware of the legal ramifications. Because this activity is illegal in Florida, these people cannot obtain business liability insurance to protect themselves financially. Should they be sued, they could potentially lose everything, including their homes. It would serve the public interest to regulate this already-existing industry, and de-criminalize the act of selling low risk food prepared in a residential kitchen.

I would like to request a change in the law. Inspect our homes and charge an annual inspection fee. There are many safety regulations that can be put in place to serve the public good while allowing hundreds or even thousands of home bakers to legally provide a service to the community while earning extra money for their families. There are many people out there who sell cakes and other food items from their homes already wouldnt it be safer to have a way to regulate this already-existing industry?

There is an additional benefit to the State of Florida in additional revenues from a home baking registration fee as well as an increase in the sale of business licenses. This could create an amazing amount of real jobs for those currently unemployed and provide a significant boost to Floridas economy.

America and indeed Florida were founded on the ideals of freedom and entrepreneurialism. Our founding fathers surely never envisioned a country where it would be illegal for a woman to sell a cake made in her own kitchen. I humbly ask for your help in this matter.

Thank you sincerely,



name and ALL contact information


Let's get them all out before the end of the week - I am sending one to my rep, my senator and my congressman - I will probably forward one on to the governor and lt. governor as well - I think you should too!!

Lets go peeps - get the word out!! storm the capital - and all that stuff!! hehe

Please take a moment to say a lil prayer for Indiana!!!
post #73 of 238
This is an excellent idea to try to have the law changed. I would like to garner some of the business coming my way so I'm in the process of renting a commercial kitchen and it's very expensive. I would be very happy to be a part of this drive.

Last year I tried to get my city (City of Miramar), start a community or incubator kitchen where small businesses, such as cake bakers and decorators would have a place to rent for a small fee for the hours they need. I have found a few in a number of states. Well, they were excited about the idea but said budget cuts made it impossible for them to consider. I even used the added tax revenue to the city (city, county and state). It ended there. My husband and I are still looking for a larger place we could use as a community kitchen which would help those with septic problems in their residential community.

I get regular email mails from some of our State Representatives (on their mailing list like most icon_rolleyes.gif ) and I will see to it that they get a copy of the letter once it's drafted.

I am so excited!

Cheers!
Work hard and become a leader; be lazy and become a slave.Proverbs 12:24 (NLT)
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Work hard and become a leader; be lazy and become a slave.Proverbs 12:24 (NLT)
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post #74 of 238
Great work Janel, you combined the two letters, that was my thought too!
One problem with it is the links, none of them work, at least for me, and I have been trying to find new ones. If you get them to work, let me know,it would be better to just name the state and contact numbers than to send bad links. IMHO

Will continue to work on them later today, need to go do some yard work this morning icon_cry.gif
post #75 of 238
I just copied the letter, and will "do my thing".

Janelwaters, you are doing an excellent job thumbs_up.gif
Cheers!
Work hard and become a leader; be lazy and become a slave.Proverbs 12:24 (NLT)
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Work hard and become a leader; be lazy and become a slave.Proverbs 12:24 (NLT)
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