Teaneck,nj Mom Sells Cakes From Home. Is That Illegal?
Business By mom2my3girlz Updated 22 Jul 2009 , 2:27am by JanH
The point is that illegal is illegal.
Speeding is "no big deal" .... until someone dies in a car wreck.
Rolling thru a stop sign is "no big deal" ..... until it's your car that's hit.
Selling cakes from an unlicensed facility is "no big deal" .... until someone goes to the emergency room with the noro-virus from someone practicing unsafe food handling. (For those who don't know, noro-virus (and I"m not sure on the spelling) is caused by fecal matter .... folks not washing their hands.)
Yes, you can still drive safely without a valid driver's license ... but it's still illegal to drive without a valid driver's license.
So ..... all those in favor of not renewing your drivers license, raise your hand.
That's what I thought.
Exactly! Thank you Debi! You completely understand my point, maybe it's a "generational" thing. 
Illegal is illegal.
The point is that illegal is illegal.
Speeding is "no big deal" .... until someone dies in a car wreck.
Rolling thru a stop sign is "no big deal" ..... until it's your car that's hit.
Selling cakes from an unlicensed facility is "no big deal" .... until someone goes to the emergency room with the noro-virus from someone practicing unsafe food handling. (For those who don't know, noro-virus (and I"m not sure on the spelling) is caused by fecal matter .... folks not washing their hands.)
Yes, you can still drive safely without a valid driver's license ... but it's still illegal to drive without a valid driver's license.
So ..... all those in favor of not renewing your drivers license, raise your hand.
That's what I thought.
Exactly! Thank you Debi! You completely understand my point, maybe it's a "generational" thing.
Illegal is illegal.
no Im with u too.
Are we seriously debating whether or not cake baking at home is the same as selling drugs?
To set the record straight.......No, we are not debating whether or not cake baking at home (unlicensed) is the same as selling drugs.
We ARE debating whether or not they're both illegal.
I think we've determined that yes indeed they are both illegal........therefore I'll add the punishment should fit the crime.
The point is that illegal is illegal.
Speeding is "no big deal" .... until someone dies in a car wreck.
Rolling thru a stop sign is "no big deal" ..... until it's your car that's hit.
Selling cakes from an unlicensed facility is "no big deal" .... until someone goes to the emergency room with the noro-virus from someone practicing unsafe food handling. (For those who don't know, noro-virus (and I"m not sure on the spelling) is caused by fecal matter .... folks not washing their hands.)
Yes, you can still drive safely without a valid driver's license ... but it's still illegal to drive without a valid driver's license.
So ..... all those in favor of not renewing your drivers license, raise your hand.
That's what I thought.
Exactly! Thank you Debi! You completely understand my point, maybe it's a "generational" thing.
Illegal is illegal.
no Im with u too.
Yes, another level headed caker amongst us....ahem....semi-OLDIES! 
Cheyanne25, how can this possibly remind you of weeds. Selling cakes and selling drugs are two diffrent things. Drugs,no no no. Cake yes yes yes!
Drugs= 
Cake= 
Its true...one reason we still don't own a home here in Philly suburbs is because a regular old single family home with a small yard in a regular neighborhood around here is $250,000-$300,000, plus out the rear end taxes, betweeen $4500-$7000 and more per year! Its similar in NJ. Anyplace I lived before (lived here 7 years) that amount of money would buy a mansion!!!!!
same situation here, in CT....high real estate prices and taxes on our 50+ year old modest colonial are over $6,000 
It's that way in lots of the country, but apparently some people aren't aware that things can be vastly different in other regions/states.
Its true...one reason we still don't own a home here in Philly suburbs is because a regular old single family home with a small yard in a regular neighborhood around here is $250,000-$300,000, plus out the rear end taxes, betweeen $4500-$7000 and more per year! Its similar in NJ. Anyplace I lived before (lived here 7 years) that amount of money would buy a mansion!!!!!
same situation here in CT...high real estate prices and taxes on our 50+ year-old modest colonial are over $6K per year it's that way in lots of the country but apparently some people aren't aware that things can be vastly different in other states/regions than the one in which they live.
Having a license doesn't guarantee that the caker washes his or her hands.. or doesn't cough or sneeze on the cake. I can't see a decorator throwing a cake away if they accidentally cough or sneeze on it ... that is why i prefer to do my own cakes.
Should everyone work within the law, yes. Is it a cardinal sin like selling drugs, no......that's my opinion....
Selling drugs is a cardinal sin?
Please think before typing. Please. Just think about the movie Seven. There ya go. Selling drugs isn't one of them.
I wish hypocrisy was, though. As in those of you who have sold from home illegally in the past and now are saying its wrong because you have loan payments or whatever.
This woman is keeping her home by selling cakes. She isn't selling her body, her child, or cooking meth in her kitchen. Geez you guys need some perspective. All crimes are not created equal.
This woman is keeping her home by selling cakes. She isn't selling her body, her child, or cooking meth in her kitchen. Geez you guys need some perspective. All crimes are not created equal.
Doesn't everyone work to keep their home, car, food, utilities? 
Isn't that the point of having a job, or owning a business?
So IF....God forbid, I'm ever in a situation where I could lose my home, it would be OK for me to stop paying taxes on my income, stop paying my insurance on my 2 businesses etc., so that I could "keep" my home? Even though I'd be breaking the law, it's OK because I'm doing it to "save my home".......that's interesting.
I guess I'll never "get" that logic.
Oh and nobody has suggested that "all crimes ARE created equal". Some have tried to insinuate that we're suggesting that, but they would be wrong, we're not saying that at all.
I just don't understand why so many of you are demonizing her. I really don't get it. God forbid any one of us ends up in that situation. And I'm sure if it was between the street and breaking the law making cakes, we'd all chose cakes.
My grandma ironed mens shirts at night to pay for her husband's medical bills (lung cancer and too sick to work) and to also keep her home and support her 4 young (12 and under) children. Luckily that was legal. This woman is making apple cakes for goodness sake. What is the problem with that?
God forbid any one of us ends up in that situation.
I WAS in EXACTLY her situation... and I know the desperation that the situation puts you in. I did lose my house... I lost EVERYTHING.
I'm not demonizing her--I GET IT--but I still think she's going about the wrong way and it's going to bite her in the ass.
I can only speak for myself when I say that I'm definitely not demonizing her. I truly believe that she had no idea whatsoever that she was even breaking the law.....I mean why would she agree to be on TV if she thought it would get her into trouble with the HD, right?
I feel sorry for her, it's a horrible situation to be in. I think we all can agree that selling cakes to make the mortgage payment, isn't an intelligent long term solution for this family.
The legality issue hits home to us because it's what we do.......it's always the first thing that pops into my mind when I read/see these stories. The average "non-caker" wouldn't even think of this as breaking the law.
I hope someone sees her story and makes her apple cake famous.....wouldn't it be wonderful to have something good come out of this?
Pinkziab-I am sorry you went through that, and I am glad you came out of it! I have just seen the Cake Mafia enough to know that someone here will report her out of spite. And I would hate for that to happen to her, but unfortunately, it will. (and yes, I know she went on TV and announced it, blah blah blah. But someone will make it so she has to stop.)
Having a license doesn't guarantee that the caker washes his or her hands.. or doesn't cough or sneeze on the cake. I can't see a decorator throwing a cake away if they accidentally cough or sneeze on it ... that is why i prefer to do my own cakes.
This kind of logic escapes me..... the logic that "well, having a license doesn't mean it's clean!"
If everyone who says this really believes that, then I expect you all to line up at your local legislator's office and demand the health dept be repealed and done away with. If having them in place is useless, then let's just do away with them.
Let's just let ALL food establishments do whatever they want with no rules and no guidelines, just whatever the person in charge "thinks" is common sense and we can all go by his or her own personal standard of clean.
All in favor, raise their hands ....... 
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We are not demonizing this woman. I just find it odd that people think it's ok to do something illegal "as long as you have a good reason". And "good reason" is based on ..... well, I don't know what.
So far, this thread has deemed baking and selling from an unlicensed facility is ok with a good reason ... even tho' it's illegal. And that speeding and running red lights is ok ... as long as no one gets hurt, I guess, even tho' it's illegal.
But having sex for money is bad, even tho' that only involves two consenting adults. (Hey! Let's call it a "tip" and that'll make it ok! Oh! Oh! Oh! Or he can buy her dinner first and just call it a date. Then give her "cab money" and she can spend it anyway she wants ... maybe even spend some of it on a cab! )
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dkelly, I totally agree with your last post.
I just don't understand why so many of you are demonizing her. I really don't get it. God forbid any one of us ends up in that situation. And I'm sure if it was between the street and breaking the law making cakes, we'd all chose cakes.
My grandma ironed mens shirts at night to pay for her husband's medical bills (lung cancer and too sick to work) and to also keep her home and support her 4 young (12 and under) children. Luckily that was legal. This woman is making apple cakes for goodness sake. What is the problem with that?
The problem is that it is illegal. If she were baking them from a licenced kitchen, then it would be no problem.
So catch me up.....what happened to her in the end???
We are not demonizing this woman. I just find it odd that people think it's ok to do something illegal "as long as you have a good reason". And "good reason" is based on ..... well, I don't know what.
Guess someone missed Les Miserables in highschool. Jean Valjean deserved those years in prison for stealing a loaf of bread to feed his family, right? Feeding a starving family would of course be horrible cause to break the law.
Wow.... some of you really are splitting hairs here.
Interesting topic. No one is 'demonizing' this lady. No one has said that selling cakes from home illegally is EXACTLY like selling drugs.
People just LOVE to see what they want to see, and interpret things the way they want to.
Having a license doesn't guarantee that the caker washes his or her hands.. or doesn't cough or sneeze on the cake. I can't see a decorator throwing a cake away if they accidentally cough or sneeze on it ... that is why i prefer to do my own cakes.
This kind of logic escapes me..... the logic that "well, having a license doesn't mean it's clean!"
If everyone who says this really believes that, then I expect you all to line up at your local legislator's office and demand the health dept be repealed and done away with. If having them in place is useless, then let's just do away with them.
Let's just let ALL food establishments do whatever they want with no rules and no guidelines, just whatever the person in charge "thinks" is common sense and we can all go by his or her own personal standard of clean.
All in favor, raise their hands .......
I love it!! You are spot on! Someone has to be the "bad guy" and enforce the laws.
I read the article last nite. It seems she was only offering these to family and friends. Once the article got out is when it went out of control with all the orders. And the picture of this "famous" cake was not very good - you would think they would have taken a picture of a nicer looking one.
deb
So, by reading all of these posts is it safe to assume we are all in state-of-the-art, commercial kitchens? I bet we have all made hairnets a part of our daily wardrobe and those decorators gloves are "all the rage."
Yeah, whatever.
LOL Leave it to the Newbie to be radical huh? 
If we're offering our products to people who know us or by that "six degrees of seperation" then what? My friends and family know that I keep a spotless house and dare anyone to walk into my kitchen!
I'm sure we're all fans of a famous cakery in the DC/MD area on Food Network who creates the most beautiful cakes I've ever seen! However, those friends of his...whew! They handle that fondant waaaay too much for my comfort level. I'm sure CSI: Maryland/DC would find alot of DNA on those products. 
So, by reading all of these posts is it safe to assume we are all in state-of-the-art, commercial kitchens? I bet we have all made hairnets a part of our daily wardrobe and those decorators gloves are "all the rage." Yeah, whatever.
PinkZiab and Indy and DKelly are all right on the ball. The bottom line is its illegal. When this aired on our local news, my mom called me in to see it. I was floored and the first thing I said was "what is she doing on TV, its not legal to sell cake from your house".
I did not read all the posts but this is insane. For all the people who are supporting this lady (and do not shoot me) it is illegal, saving her house or not. I have bills to pay and lots of them but I can not sell my cakes because you can not LEGALLY sell cake/food from your house in NJ. There are some very dedicated members of CC trying to work with our state government to change that but until we win that battle, it is against the law.
As most have said there are reasons for the laws that are in place, dated or not. You have to wear a seat belt and you can not talk on your cell phone while driving, you also can not sell baked goods from your home here. Why is it that because she can not pay her mortgage she is allowed, to this point at least, to break the rules? That really grinds my gears because I have a hard time paying my college loans and thank goodness do not have a mortgage but what the heck people, no way. A rule for one is a rule for all, if I have to follow it then so does she. Stop feeling sorry for her, there are a million other people in her situation.
(I feel the fire already)
So, by reading all of these posts is it safe to assume we are all in state-of-the-art, commercial kitchens? I bet we have all made hairnets a part of our daily wardrobe and those decorators gloves are "all the rage." Yeah, whatever.
LOL Leave it to the Newbie to be radical huh?
If we're offering our products to people who know us or by that "six degrees of seperation" then what? My friends and family know that I keep a spotless house and dare anyone to walk into my kitchen!
I'm sure we're all fans of a famous cakery in the DC/MD area on Food Network who creates the most beautiful cakes I've ever seen! However, those friends of his...whew! They handle that fondant waaaay too much for my comfort level. I'm sure CSI: Maryland/DC would find alot of DNA on those products.
Are you by chance the apple cake lady?
I say desperate times call for desperate measures. I'm not saying what she's doing is right or wrong. I'm sure the lady had no idea it was illegal, and it really isn't her fault the media caught on to it and it got as big as it did. I'm sure if the health department had a problem with it, they'd be all over her...they obviously know what she's doing. Threads like these that turn into crazy debates and comparisons are exactly why lots of people don't post here much anymore.
I propose that any thread in which selling cakes from home is compared to growing marijuana is immedately dead, due to my newly declared CakeCentral variation of Godwin's law. In fact, I'll even rename it Kelley's Law. Someone, please lock this.
Fact: What the lady is doing is illegal in the state of NJ. Indisputable.
I haven't seen any post condemning the woman or stating that they will report her.
What people have been saying is that 1) What she's doing is illegal and now that it's been covered by the press, the HD may come
a-knockin 2) if/when the HD comes a-knockin, she'll be in bigger trouble and that's a shame because she obviously doesn't know this or she wouldn't have put herself in this situation to begin with 3) some of us believe that dire situations do not give people the prerogative to break the law, doesn't justify illegal activities
I don't understand where the anger in this topic is coming from. Why are some people so upset to hear us say that what she's doing is illegal. No one is threatening to report her to the authorities. The tone of the posts agreeing that that it's illegal imply that she has brought this on herself and the state of NJ will take action as it deems proper. No one has said that they are a better person than her because they would never do what she's doing; they've only said that if faced with the same situation, they would chose to do things differently.
The thing is we all look at the world, at statements and words, through the filter of our own experiences and values. All of look at this situation while referencing a different set of filters. Not wrong. Just different.
I'm totally with Indydeb and dkelley on this one. Illegal is illegal. We can't start making leeways or justifications otherwise where do we draw the line?
I propose that any thread in which selling cakes from home is compared to growing marijuana is immedately dead, due to my newly declared CakeCentral variation of Godwin's law. In fact, I'll even rename it Kelley's Law. Someone, please lock this.
I agree with you Kelley. None of us know what we would do if we were in her situation, and it is crazy to compare baking cakes to selling drugs or prostitution.
She's a witch, burn her!
Come on guys, our world is full of shades of gray. This the law is the law thing is ridiculous. All rules are not created equal. Circumstances are always different. If someone breaks the law for a good reason does that make it less illegal? Yeah, it does for a lot of folks. The minute the health department goes in there and shuts her down, the news will be all over that, and will vilify the health department and their rules and this woman will probably receive tons of donations from people.
Besides, what harm is she really doing here?
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