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.
A couple years ago my mother told me the same thing and I read through the laws in Minnesota because I didn't believe it and there was no written exception at the time that I could find.
I didn't believe it because it's a state where any goodies brought to school have to come in a sealed container from a store, no exceptions. If you break the seal on the box of cupcakes to take out a few for home they can not serve it at the school. I figured a state that is that rigid about some cupcakes for a birthday at school wouldn't have any exceptions for any food products.
Just because the people who are supposed to enforce the law don't doesn't mean that it's legal. A good example is kids drinking up here on the res. When I met my husband the big thing was for underage kids to drive around in the town on the reservation and drink, they didn't even bother to put whatever they were drinking in new containers. If the cops did pull them over they would hardly ever arrest, ticket or fine them. The standard was to take the booze away and tell them that they didn't want to see them in town again that night.
Generally the kids would just drive around on the back road after they got new stuff to drink. I have no reason to believe that it's different now than it was 10 years ago.
Their lack of enforcement certainly didn't mean that it was actually LEGAL to drive around drinking underage in town. It also didn't mean that if the cops had wanted the kids couldn't have been in a huge amount of trouble either.