Teaneck,nj Mom Sells Cakes From Home. Is That Illegal?

Business By mom2my3girlz Updated 22 Jul 2009 , 2:27am by JanH

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laneysmom Posted 18 Jul 2009 , 4:01pm
post #31 of 161

$40.00 for a 9" undecorated cake--now you all know where to direct your customers who think $3/seving is too much. icon_lol.gif

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hensor Posted 18 Jul 2009 , 4:03pm
post #32 of 161

I work for a HD in Michigan and know that "bake sales" are exempt from licensing. Also, you can get a temporary food license for a period of two weeks. She says 100 cakes in 10 days, so maybe she is covered. Hopefully for her sake it is because getting licensed is very expensive. Her website says "bake sale" but I'm thinking what she has going on is beyond the definition of a bake sale. JMO

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indydebi Posted 18 Jul 2009 , 4:19pm
post #33 of 161
Quote:
Originally Posted by dkelly

Some may say desperate times call for desperate measures however, it's still breaking the law......What will she sell to make next month's payment?


I've said it before ....

If you're going to justify an illegal activity, then you might as well just grow pot in your garage and sell it. Less work and more profit (uh, from what I hear!) icon_rolleyes.gif

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Jubilee Posted 18 Jul 2009 , 4:33pm
post #34 of 161

I will pay $40.00 for the recipe.

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Deb_ Posted 18 Jul 2009 , 4:47pm
post #35 of 161
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by dkelly

Some may say desperate times call for desperate measures however, it's still breaking the law......What will she sell to make next month's payment?

I've said it before ....

If you're going to justify an illegal activity, then you might as well just grow pot in your garage and sell it. Less work and more profit (uh, from what I hear!) icon_rolleyes.gif




icon_lol.gificon_cool.gificon_lol.gif You're right, and you don't even have to put the oven on!

BUT......

There IS always the risk of burning your house down....what with all those hot lights needed to grow the pot............Seriously, a man in Rhode Island did just that this week, he was growing marijuana for "medicinal" purposes, I kid you not, it made the 6 0:clock news! icon_rolleyes.gif

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Lenette Posted 18 Jul 2009 , 4:47pm
post #36 of 161

It's not really about Karma IMO. She has been "promoted" on mass media. The way I see it the HD is between a rock and a hard place. They may sympathize with her situation but they cannot just let it ride. People will blast them for shutting her down but they don't have an option here. They have to enforce the requirements across the board.

It could be said that we all are fighting foreclosure. Isn't that why we work?

Don't get me wrong, I feel for her and her family. I also don't think the discussion here is bashing her or any poster deserves to be frowned upon. I sincerely hope she finds a way to sell her cakes without getting into trouble. As I said before, I hope they don't fine her. She will just have another mess on her hands to deal with and lose any money made from the cakes.

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Deb_ Posted 18 Jul 2009 , 4:54pm
post #37 of 161
Quote:
Originally Posted by Lenette

It's not really about Karma IMO.
It could be said that we all are fighting foreclosure. Isn't that why we work?





EXACTLY!! thumbs_up.gifthumbs_up.gif


Heck, all of us legal home bakers would be making a LOT more money if we didn't have to pay all those "pesky" "legal" things like.......taxes, insurance, licensing etc., etc., etc., etc...........................


I really hate the karma argument.......if EVERYONE worried about "karma" this country would have a 2 TRILLION $$$$$$$ deficit instead of just the horrific 1 TRILLION $$$$$ one our great grandkids will be paying for icon_rolleyes.gif

Keep it legal then you don't have to worry about "karma" icon_wink.gif

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FromScratch Posted 18 Jul 2009 , 5:08pm
post #38 of 161

Karma? What about the woman's karma? Does breaking the law not beget "bad karma"? We all can feel for her, but none of us have turned her in. The ones who should be questioning their karma is the news media for outting her to the HD.

I think the OP was wondering how she did it so that maybe the loop hole could work for others too. So in all actuality, the karma would be good for her no?

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maryjsgirl Posted 18 Jul 2009 , 5:38pm
post #39 of 161
Quote:
Originally Posted by TCarra

maryjsgirl, just to clarify, my comments were purely out of concern for the lady that's baking from her home. Years ago you could bake from your home if the kitchen and your home met all state regulations. I was hoping that would be the case for her; but PinkZiab has kindly provided information to the otherwise.

Oh, and I believe in karma, too. But I really don't feel that anyone here meant any ill will towards this lady and what she's doing. I just thought the OP was posting a simple question on the legality of a home kitchen in NJ in light of what she was setting out to do. Also, I personally used to know someone in NJ who got busted for illegally baking from her home, and the penalties were not worth it. So of course putting something like this on the news is going to set up red flags somewhere, and possibly result in a discussion here.

And who knows? Maybe all of this is a blessing in disguise. Maybe someone has already alerted her about it, so she WON'T move forward with this endeavor and get into any trouble. I do, however, sincerely hope that she can come up with the funds to save her home. I feel bad for her and her children.





I didn't mean any comments here on this forum. I was talking of those that are posting over on the site that was linked here with the article. There was no reason for it. If people were concerned they could have just emailed the woman.

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maryjsgirl Posted 18 Jul 2009 , 6:02pm
post #40 of 161

So breaking the law gives one bad karma?

So I guess those minorities that drank from the "whites only" fountain illegally were horrible people with bad karma eh?

Or how about the thousands of dumb laws on the books that are unknowingly being broken daily? Oral sex for example is illegal in many states...I am sure there are many breaking that law.... And I really hope none of the women here from Michigan have ever received a haircut without getting her husband's permission first...heathens.

Or the fact that incest and beating ones wife is totally legal in some states.

Yes, laws made by flawed men are some sort of moral code to live by and breaking them makes one a bad person, lmao.

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AverageMom Posted 18 Jul 2009 , 6:07pm
post #41 of 161

I don't know this woman. I don't know all the details of her story. But I like the fact that she is fighting to keep her home. A piece of paper saying she is legal will not make the cake taste better (and shame on the poster who said "it doesn't even look that good"). Yes, the law is there for a reason, but really, it's not like this woman is competition for "real" bakers. I hope it all works out for her.

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Mensch Posted 18 Jul 2009 , 6:11pm
post #42 of 161

There is a big difference in laws which are OBVIOUSLY outdated and not enforced, and modern health department laws which are there for a REASON.... to protect the consumer. It's a bit illogical to compare the two.

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indydebi Posted 18 Jul 2009 , 6:21pm
post #43 of 161

I hope you (the generic you) are teaching your children how to work within our system to change any laws that they think are bad .... and not teaching them that just because they believe a law is bad that it's ok to break it.

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Kitagrl Posted 18 Jul 2009 , 6:23pm
post #44 of 161

I don't think it would be illegal unless she does it long term...I mean churches all over the place have bake sales and stuff. Isn't that the same principle? The people who sell cookies and brownies at a fund raiser don't have to be licensed. Maybe they see her as "fund raising" for a month.

I am sure the Dept of Ag/Health will keep an eye on her in the future but I doubt right now.

I prefer to kinda mind my own business when it comes to that stuff. Let her be. Its my job to make sure I'm right, not everybody else. There are government workers paid to do that.

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Deb_ Posted 18 Jul 2009 , 6:29pm
post #45 of 161
Quote:
Originally Posted by indydebi

I hope you (the generic you) are teaching your children how to work within our system to change any laws that they think are bad .... and not teaching them that just because they believe a law is bad that it's ok to break it.




Yup I agree Debi, the world is full of people just like this that break these "bad" or "silly" laws and that's exactly how they justify it, "oh those silly outdated laws made by silly men".......maddening, and scary! icon_mad.gif

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Kitagrl Posted 18 Jul 2009 , 6:34pm
post #46 of 161
Quote:
Originally Posted by dkelly

Quote:
Originally Posted by indydebi

I hope you (the generic you) are teaching your children how to work within our system to change any laws that they think are bad .... and not teaching them that just because they believe a law is bad that it's ok to break it.



Yup I agree Debi, the world is full of people just like this that break these "bad" or "silly" laws and that's exactly how they justify it, "oh those silly outdated laws made by silly men".......maddening, and scary! icon_mad.gif




Well our whole country is being run that way anymore.

tapedshut.gif

OOPS! Sorry couldn't resist.... Anyway yeah as of right now I think they are looking at her like a school bake sale fundraiser type thing. I don't suppose she'll get in trouble unless she starts running a regular racket from home.

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maryjsgirl Posted 18 Jul 2009 , 6:42pm
post #47 of 161
Quote:
Originally Posted by dkelly

Quote:
Originally Posted by indydebi

I hope you (the generic you) are teaching your children how to work within our system to change any laws that they think are bad .... and not teaching them that just because they believe a law is bad that it's ok to break it.



Yup I agree Debi, the world is full of people just like this that break these "bad" or "silly" laws and that's exactly how they justify it, "oh those silly outdated laws made by silly men".......maddening, and scary! icon_mad.gif





Yes terrifying!

I thought the same the other day as I passed an Amish family on the highway. You know it is against the law to pass a horse on the road in my state? Put me away!!!!!!!!! I don't know where this law breaking will end!!!!!

Ahhhhh!!!!!!

icon_rolleyes.gif


And I for sure hope my fellow Hoosier Indydebi, who obviously never breaks any laws, never ever takes a bath in March or October. I would definitely feel the responsibility as a concerned member of this community to put her under citizens arrest. Since that is against the law.

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Tita9499 Posted 18 Jul 2009 , 6:48pm
post #48 of 161
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by dkelly

Some may say desperate times call for desperate measures however, it's still breaking the law......What will she sell to make next month's payment?

I've said it before ....

If you're going to justify an illegal activity, then you might as well just grow pot in your garage and sell it. Less work and more profit (uh, from what I hear!) icon_rolleyes.gif




I was just wondering if I can sell crack and say i need the profit to pay off my bills. Illegal is illegal, right?

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Tita9499 Posted 18 Jul 2009 , 6:54pm
post #49 of 161
Quote:
Originally Posted by maryjsgirl



...and beating ones wife is totally legal in some states.




...carrying a registered, concealed firearm is legal in Texas...I wish my husband would try to use that law against me! LOL!

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Texas_Rose Posted 18 Jul 2009 , 7:08pm
post #50 of 161

The difference between bake sales for schools and charities and bake sales for individuals is that the ones for schools and charities aren't going to profit an individual. It may be different in different states but here at least the bake sale has to be for a school or a charity...that's the way it's worded in the law. I looked it up because someone wanted me to join his volunteer fire department and then sell my cakes as a bake sale for the department, keeping part of the profits to cover my time and supplies. I didn't do it even though it seemed like it would be legal because I didn't want to find out the hard way that it wasn't legal. (and besides I was afraid I'd have to climb a pole or something to satisfy training requirements for the VFD and people shaped like a beach ball shouldn't climb poles)


Anyhow, I think it's a shame that all the news stations in that lady's area are running the story, because it seems like it will have to come to the health department's attention.

Just on a side note, can you imagine having to peel and chop apples for 100 cakes...I would never want to see an apple again when I got done.

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jimandmollie Posted 18 Jul 2009 , 7:09pm
post #51 of 161

I feel for this woman but come on. Hasn't she ever heard the words "LIVE WITHIN YOUR MEANS."

We raise two kids comfortably on $1500 per month (I am a stay-at-home-mom until both kids are in school then our income will go up again) because we planned ahead and have no mortgage payment, no credit cards, no car payment, etc. I am of the opinion that if you can't afford it then DON'T BUY IT.

I would love to be able to sell my cakes from home and be able to afford a bigger house too. Can I have a "bake sale?"

Maybe she should have tried going through a legitimate fundraising company and tried selling premade pizzas or something of that nature. This just isn't right.

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Kitagrl Posted 18 Jul 2009 , 7:14pm
post #52 of 161

I would love to own a home period! haha. But oh well! My cake money (legal) equals a small part time job and its just helping us provide for the four kiddos as a side job.

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MyDiwa Posted 18 Jul 2009 , 7:28pm
post #53 of 161

These are my thoughts:

We all know that baking from home is illegal etc because it's something we've decided to pursue seriously as a business or a hobby and have relationships with like minded people and are on forums such as this that give us that info. For the lay person who desperately needs money and is thinking how can I raise money legitimately and quickly, their thought process might just have gone as far as "what skills do I have, what can I sell that can make me money". And that's really as far as it goes. A LOT of people don't know that there are any legal issues about making cakes and selling them. How many "newbies" so to speak have expressed surprise when they found out on CC?

The fact that she even allowed such publicity to me really means she has no idea she is breaking the law. If she knew she would have kept everything low key and relied on word of mouth.

And to jimandmollie, I notice you live in West Virginia. You do know that different parts of the country have wildly different costs of living? A $2,600 mortgage in Northern NJ does not at all mean you're living in a mansion that you cant afford. I really dont think that a person going through foreclosure is necessary an irresponsible person. We all know things have changed a lot recently, people lose jobs or their employers cuts salaries or hours to keep afloat etc. Circumstances change. There are many, many families that did everything right but have still been driven into poverty by circumstances beyond their control. I cant believe you dont know a single family who has gone through something like this. If you havent been affected, count yourself lucky, but dont berate someone whose exact circumstances you know nothing about (this is not regarding the illegal home baking, but the self-righteous "live within your means").

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Kitagrl Posted 18 Jul 2009 , 7:45pm
post #54 of 161

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!!!!! thumbsdown.gif

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FromScratch Posted 18 Jul 2009 , 7:53pm
post #55 of 161

Yes there are odd laws on the books... but health regs aren't odd laws. Certainly you don't equate health regulations with passing horses on the highway?? And I think a huge point is being missed here. No one here is saying turn her in or burn her at the stake... no one here brought this to the masses... it was already brought by the media before it came here. The purpose of this thread was to ask if there was someway that what she is doing is legal. If it was, maybe others could benefit from finding out how. In a state where you can't bake from your home kitchen, when you hear that someone is (especially having it be on TV) you get excited at the thought. Someone asked a question... is this legal. She got an answer. Why berate people for answering truthfully. I certainly don't care what she does either way. I wouldn't berate her for trying to help her family out.

I am not a perfect person, I don't even believe in karma... but why would people have bad karma for asking a question?

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FromScratch Posted 18 Jul 2009 , 8:00pm
post #56 of 161

You're not kidding Suzy... The north east is one of the most expensive areas to live. Houses are crazy expensive up here. When my husband and I watch those real estate shows on HGTV we are so often floored by what you can get for the money in other areas. This couple bought a beautiful 3 bedroom home for $180K somewhere in the midwest... you could get a double wide for that up here (if you're lucky).

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Kitagrl Posted 18 Jul 2009 , 8:07pm
post #57 of 161
Quote:
Originally Posted by FromScratch

You're not kidding Suzy... The north east is one of the most expensive areas to live. Houses are crazy expensive up here. When my husband and I watch those real estate shows on HGTV we are so often floored by what you can get for the money in other areas. This couple bought a beautiful 3 bedroom home for $180K somewhere in the midwest... you could get a double wide for that up here (if you're lucky).




I still haven't gotten over it! Down in South Carolina some friends of mine got a house in an elite neighborhood for $120,000....yeah it was 10 years ago or so, but still....its probably $175,000 or so, which up here still only buys a totally rotted out foreclosed home that needs to be completely rebuilt!

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Tita9499 Posted 18 Jul 2009 , 9:46pm
post #58 of 161

Shoot, my DH and I just went to see a house here in El Paso (don't know the sq. ft). Had 6 bedrooms, master suite with a detached "rainshower" and jacuzzi. Family room with a fireplace, formal living and diningroom with fireplace, a COURTYARD with fireplace and fountain, a 3 car garage, a HUGE kitchen with brand new Viking appliances, a laundry room and pantry, an OUTDOOR kitchen, a pool with a fountain and some water shooty thingies (came out of the fishes mouths) a hot tub and an outdoor wood-burning oven. PLUS 3 more acres of land behind the landscaped patio! All for $385,000 and she wanted to negotiate because we were military so she wanted to give us a break...I wish I had the money, I'd be moving in tomorrow.

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jimandmollie Posted 18 Jul 2009 , 10:10pm
post #59 of 161
Quote:
Originally Posted by MyDiwa

And to jimandmollie, I notice you live in West Virginia. You do know that different parts of the country have wildly different costs of living? A $2,600 mortgage in Northern NJ does not at all mean you're living in a mansion that you cant afford. I really dont think that a person going through foreclosure is necessary an irresponsible person. We all know things have changed a lot recently, people lose jobs or their employers cuts salaries or hours to keep afloat etc. Circumstances change. There are many, many families that did everything right but have still been driven into poverty by circumstances beyond their control. I cant believe you dont know a single family who has gone through something like this. If you havent been affected, count yourself lucky, but dont berate someone whose exact circumstances you know nothing about (this is not regarding the illegal home baking, but the self-righteous "live within your means").





It is common knowledge that many Americans have gone overboard on the credit and that is partially responsible for the problems we are having with our economy. I would think that if she had circumstances beyond her control such as an illness they would have mentioned that in the article. All they mentioned was a remodeling project gone bad.

We all have different opinions around here but was the "self-righteous" remark really necessary? I am not self-righteous. I just hate that the banks have given out mortgages to people that truly cannot afford them and now their families are faced with situations like these. It just isn't fair.

BTW, I was raised by a single mother with 7 kids. My mom worked hard and even went to college and became an english teacher while managing to raise us. We lost our house due to foreclosure when our alcoholic father left us. So yes I do know how that feels. I think that has a lot of influence on how I feel about this and why I hate to see it happen to other people's families. If they had just looked for something cheaper or waited on that project or hadn't bought that car it may not have happened to so many. That's why we were so careful to do everything in our power to not let it happen to us. That's not being self righteous. That is being scared and careful.

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MyDiwa Posted 19 Jul 2009 , 12:50am
post #60 of 161

jimandmollie, I think the remark was fair. Your tone has now changed - now it's the banks' fault and it's not fair to the families and you feel bad when things like that happen to other people because you've been there. If that had been your original post, I wouldn't have had boo to say. Previously your comment was mocking - "has she never heard of living within her means". Given that you don't know her exact circumstances, that comment struck me as judgmental and self-righteous when it was followed by all the things you consider to be the reason you are better than her. You don't even know but assume her house is bigger than yours. If you take out a mortgage which includes renovations you have budgeted for and those mortgage payments are well within your means and you are not stretching yourself at the time you make the commitment, that's reasonable right? Isn't that how most people buy their homes? I don't personally know of any average family that had enough money to buy a home upfront without taking a loan. If the contractor leaves you with an additional $50k tab that you had not counted on, and your income stream is suddenly changed, that would throw you for a loop. $50k IS A LOT OF MONEY. The article also says "her agent went out of business and never paid her thousands she was owed." Basically those few lines at the end of the article that are kind of vague are all we have to go on to figure out how she ended up where she was. From that you decided she wasn't living within her means and bought a big ole house she couldn't afford. That is what I read into your comment.

I don't dispute that a lack of control over credit is a reality in America and that yes, some people in foreclosure definitely fall into the category of people wanting more than they can afford. I agree with you. But I also know that a lot of hard-working families that have done everything right (went to college, saved for a decent down payment, took a fixed mortgage they could afford comfortably, had enough savings to cover at least 6 month's expenses for emergencies, saved for retirement and for their children's college etc) have lost their homes because of one thing or another and people out there assume they were irresponsible with their finances or whatever. The article seems to be more focussed on the cake making and all the hoopla than on the why. I'm sorry you were offended, but I do think the statement was fair from what I read into your post. Even if you are scared and careful - you have still been lucky because you do still have that $1,500 income coming in every month and that is not something you can take entire credit for. Also as I mentioned before, what you get in West Virginia for $1,500 won't get you nearly as much in Northern NJ.

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