If it's illegal to sell cakes from home, can I do this? - Page 2

Oh definitely! I just mentioned finding a HD rated kitchen so that you wouldn't have to pay that fee. But like indydebi said, don't let that stop you!

I'm amazed that a HD person would "give permission" to someone to sell cakes to "just family/friends" in a state that doesn't allow home kitchens to be licensed.

Is this "permission" he gave "in writing as law"? Is it "an exception" to the current law? IDK...I'm just asking.

Here's an interesting scenerio...an unlicensed baker sells a wedding cake to a family member (with permission from the HD inspector)....people at the wedding who don't know the baker get ill or have an allergic reaction to something in the cake, inevitably they sue the baker. Will that HD inspector stand behind his "word" that he gave the baker permission to sell to "family/friends"?

That's a chance I'd be afraid to take.

There are just too many gray areas when it comes to this.

To the OP, I know it's frustrating....I lived in a state for 20 yrs that didn't allow home kitchens to be licensed...we moved to MA 5 yrs ago because I wanted to pursue this business. Personally, I always felt that the repercussions that could come from selling cakes illegally were just not worth the risk of losing my home.

I think that's the important thing to think about. Does the reward outweigh the risk?...for me it didn't.

I agree that you need to check with the Dept of Ag in your area.

For the record, my local (MN) rep told me that as long as I was not advertising and only getting cake orders via word of mouth, that I did NOT need a license. And, I would be violating any law if I took payment for said cakes.

So yes, you can believe what the Dept of Ag tells you. Am I still going to get licensed? Yes, because I want this to be a business and not a hobby. But, it's nice to know that I don't have to go into debt while I'm in the "practice" stage.

HTH!

This totally makes no sense to me. Sounds like a case of "As long as you're not advertising, then I can pretend I don't know about you, and then I dont' have to actually do any work and track you down."

The health dept has a concern about proper food handling ONLY if it's an advertised business that they can't pretend doesn't exist, therefore if you DON'T advertise, they're not at fault for NOT making the person comply with the rules and guidelines because they can hold up their hands and claim 'Gosh *I* didn't know nuthin about 'em!.

It sounds to me like a lot of HD employees are giving out the old "As long as we don't know about it we won't do anything about it" advice (I got some of that when I first asked about opening a business.) I personally think it's too risky to operate in that kind of situation. If it's not legal in your state, it's not legal, so if you get in trouble with a customer they won't let you off because "someone said it was okay." It just makes me nervous for people who think it's okay to get around the laws because of some questionable permission given by random HD people...Be careful taking advice just because it's what you want to hear.

Exactly what I was thinking.....cuz I'll guarantee you if there's a lawsuit, they'll pretend they never spoke to these bakers or gave them permission.

I'm completely flabbergasted by this.

It's a "she" and I have her name and phone number if you're really interested and you'd like to speak with her.




What does it matter? The Health Department didn't give me liability insurance, they told me they won't come after me if I sell cakes to a VERY limited circle of my own friends and family (and most of my friends are cakers, y'all, they don't need to order cakes from me). I'm not a licensed business so I can't have liability insurance. If someone decides to sue me, I'm SOL. Yes, I am taking the risk wholly upon myself if I provide the cake for someone else, paid or unpaid. This is another very good reason for me to limit my cakes to friends and family.

A health department license is not liability insurance. She didn't exempt me from being sued, she told me that the HD won't come after me if I stick to my own first-hand circle of friends and family.




You betcha. I'm glad my HD Rep recognizes that.




It wasn't "questionable permission" in my case, it was a detailed conversation with a high ranking member of the health department who was also my rep when I DID have a licensed business. And I am not "getting around" a law. I am not "operating". But if a friend from church calls me and says I am the only one she would want to make her wedding cake, then yeah, I'm doing it. And getting paid for it.

I am not advocating that anyone "operate" without a license. I'm saying, call your Health Department and have a conversation with someone.




So what if there's a lawsuit? What does the HD have to do with that? They don't sell insurance, they license food establishments.
I'm "completely flabbergasted" that some people can't understand the difference between a license and liability insurance.

Kellym I own 2 businesses, one is a very successful spa/salon with 12 employees which is also inspected and licensed by the BOH, the other my home baking business.

You don't have to tell me that the "HD license isn't liability insurance", I think I'm well aware of what liability insurance is, I pay the bills for it.

What I'm "flabbergasted" about is the fact that he/she or whoever in whatever state, would tell someone it's OK to sell to family/friends because "I'm not coming after you."

Why the heck do we have laws if these people who work for these very departments are basically telling people that they don't have to follow these laws? "There are loopholes in these laws and I'll tell you how to get around those loopholes". That's basically what these people are saying, no?

THAT'S what I'm flabbergasted about.

You obviously understand that there is a risk and you're willing to take that risk, that's your business.

I'm sure there are others out there that have been told the same thing and feel that this "conversation" with the HD person protects them. I want them to understand that it doesn't....because I'll guarantee if there's a complaint or a sickness reported from a cake, the HD WILL come after the baker. They'll be sure to cover their own butts, not the bakers.

No, I don't want your HD persons number thank you.....after dealing with the HD in both MA and RI where my salon is, I can tell you their employees don't impress me at all.

As they say, the only law is the law of public opinion.

I mean it's ok to bake a coupla cakes for your family and close friends. It's not that the Health Department is not upholding The Law. It's that The Law has interpretations and lines are drawn.

For Kelly, she spoke to someone and they said, the line is drawn right outside your close circle of friends and family.

What's a matter with that.

I'm gonna say something ridiculous a bit--I mean the republic is not gonna fail for us to make a damned cake for our daughter's or our neice's wedding or something.

Here's something else that really irritates me.

Read this in my favorite whiney high squeeky voice ~~ "If someone gets sick from your cake and they sue you..." Oh. My. Gawd. I just can't even think about this one more time.

I have it firmly placed in my mental file box named, "When The Sky Fricken Falls..."

Life is risk. It's gonna be ok. We are insurance rich and life smarts poor. What if What if What if
Do we want out life's work to be that of insuring ourselves against every maybe on the planet?
I'm not Susie-take-big-risks. I'm pretty shelf stable, chicken-ish in my own way but I don't know. ..relax a little. It's really gonna be ok.

Maybe we should all add one clause that says "and I am protected from anything else that happens too. a.) on sunny days b.) when it rains."



Go 'head, shoot. I live in Memphis I'm used to gun fire. (kidding... kinda...)

LOL Kate, I'm not gonna "shoot".

Thank goodness in the almost 30 yrs I've been baking I haven't harmed or killed anyone yet....knock wood. LOL!!

I just think a lot of these public officials are a bunch of clowns that's all I'm saying.


Here's another example of my dealings....we have "protected wetlands" on our property....we had to dig a new septic a couple of years ago (and my house was built in 03/04 ).

We had the Dept of Environmental Management out here to inspect the new location and he asked us why we were digging a new septic on such a new property. We were having issues with our washing machine causing our septic to back up....ya know what he told me? "Run a hose into the woods." We told him those were protected wetlands (which he should have known since he inspected the site) His response "I won't tell".


Well, we spent the 20k and dug the new system because I wanted to be able to sleep at night.

They're MOSTLY clowns these people....and our tax money pays their salaries.

You don't have to look at just your church or schools. I'm going to rent a kitchen from a donut shop. It works great for me because they go in early and out by noon. I'll be going in after I get off at 5:00 on Monday thru Thursday. I work Mon - Thur for 10 hour days and I'm off on Friday. On Friday, the busy cake day, I can get to the donut shop by 1:00 or 2:00 and work and late as I need to.

We were looking at the some restaurants that serve breakfast or breakfast and lunch only. We were so blessed that the first place we inquired was all for allowing us to rent. she is a super nice lady and will be easy to work with. We came to a lease agreement together, we've had our lawyer write it up and she is taking it to her lawyer. This will protect both of us. It isn't far from my house and will be an awesome work situation.

If you really want to do this, look around at other options. I have all of my legal paperwork, business license, tax permit, LLC operating agreement, tax ein number, liability insurance. My plan is to open a storefront in about a year and everything will just transfer with appropriate updates for insurance, address, etc.

Sorry this is so long. I just wanted to let you know that you don't have to limit yourself. There are other kitchens available.

Deb, yeah say you took that guys advice and then the next Dept of EM comes out and says, you're getting a big fine and you gotta fix it. Danged if you do danged if you don't.

20K <faint>

Okay, I was going to quote another message to refer to, but my response screen is acting crazy...

Kelley, of course we recognize the difference between HD licenses and liability insurance, that's not the issue. The issue is that if someone is taking advice from a HD rep who tells them that it's okay to sell cakes to a certain group only (family and friends) even though it's not legal to sell out of your home, that's bad advice.

You also said that you're not "operating" anything, but also said that if you got a request from a church friend to do a cake then you'd do it and get paid for it. That's operating a business, albeit on a small scale.

If you want to take the risk, then go ahead. I don't want to, so I follow the laws and get my licenses and insurance. I just know that when I call my HD with a simple question I'll get three different answers from three different people, so I think that we need to be aware that a long conversation with someone doesn't supercede the laws as they're written for your state. If you don't like the laws, try to get them changed, but don't assume that people at the HD can waive the regulations by virtue of aying "we'll look the other way." You can rest assured they won't if it comes down to whatever they have to do to cover their own butts.

No.

In my case, she's telling me where the line is before her department considers me a food manufacturer, which would require a license. Contrary to popular opinion, the law is not "you can't take any money for a cake or else you're a business!!"

Selling a wedding cake to a friend does not make me a food manufacturer.

Everyone takes a risk preparing food and serving it, whether to their own family, a church potluck, or a friend's wedding - whether money is exchanged or not. Food carries inherent risk, but fortunately many states, including yours, have recognized that some bakery items carry lower risk of making people sick. I don't lose any sleep at night after I make a cake for someone I know. Cake is pretty safe. And thank goodness for that.

ok, have read most of this, not all so maybe this has been covered. a cake that is made for donations only is legal. the donation can be as little or much as you suggest. think bout it..a cake goes to the fair, anyone concerned about the judges sampling it....a cake is donated to the fire department or a church for a cake walk...anyone concerned where it was made or who made it. A person with severe food allergies usually will ask before eating ( make all ingredients from your donation knowlegable) and there should be no problem.