So, yesterday was the first time someone has offered to pay me to make something. A friend of mine had already baked a cake, but wasn't sure how to do the decorations and offered to pay me for them. Of course I declined her offer of payment, and I just helped her with the decorations this morning.

I was telling my husband about the legalities of selling food from a home kitchen, and he brought up an interesting question:

Is it legal to sell a cake to someone if you make the entire thing in the customer's kitchen? I realize this would not be a viable option for someone who wanted to start a real business (in general, I think it would just be weird), but what do you think about friends who ask for a cake?

Well I think it would basically be the same thing as someone hiring a personal chef. They are paid to cook & purchase the ingredients (with the employer paying for the ingredients), oh and do meal plans for them. So if it is just dessert that you are preparing, and last time I checked cake was dessert Then you are their personal pastry chef

I don't know the legal answer to this question but....if you can't be licensed/inspected etc. to do cakes in your own kitchen for $$ then why would you be able to get $$ for something you baked in some one else's unlicensed/uninspected kitchen? The same safety issues, legal issues, health issues would apply, I would think.
Plus using someone else's unfamiliar, possibly dirty kitchen with an oven you are unsure of is just creepy.

I agree that it's creepy, and have not answers at all -- but isn't it ok for a nanny or maid type person to cook for you in your house?

don't personal chefs have to have some type of business license or certification?

It's not creepy at all. It's called being a Personal Chef. And yes you need training in food sanitation, liability insurance and depending on your locality, perhaps a food service license as well. As always, these food services are governed by your locality - either Dept of Ag or Health Department.

Hmmm...that's an interesting point about the personal chefs.

@ elliespartycake, it's not that someone couldn't get their own kitchen to pass inspection. I was just thinking about someone, like myself, who has no interest in starting a business and generally would not want to bake for others. But, maybe once a year if a friend or family member wanted a big cake and wanted to pay for the ingredients and my time, then I wanted to know if it was okay to receive payment if I cooked in their kitchen.

I actually thought the same thing about the customer's kitchen not being inspected, but the way my husband worded it when we were talking made it seem ridiculous that you couldn't use the other person's kitchen.

Just a thought~I never take money for payment. As I am just a hobby baker~but I dont see anything wrong with a thank you gift~a.k.a. gift card to your fave store

Thanks for the replies and thoughts, guys. It sounds like it would be too much of a hassle for what I was thinking. I'd be willing to pay for and go through the training you listed, Leah, if I wanted to go into business, but to constantly hold liability insurance when I'd probably only bake for someone once in a blue moon (if that) seems crazy. I think I'll just stick to free cakes. If I don't have the time or money to do it, I'll just pass.

Thanks again, everyone, for your input.

I believe that is an option in the state of Minnesota. I live there and I can not sell cakes out of my home, but I can bake the cake in the customer's kitchen, in a rented commercial kitchen, or if I have a separate building on my property that I've converted to a kitchen (inspected of course) then I can sell a cake.

I was thinking about it the other night and asked my hubby, "I know some vets practice out of their home, can doctors do that too?" He says he thinks so. Then I say, "Then why can't I sell a cake????" *sigh*

just a thought.. i was doing some digging myself, because im much teh same as you, dont want a busniess, but wouldnt mind the occasional cake for profit.
annnnd i talked to a whole lot of people, and apparently if you are earning under 5 grand a year the tax dept dont want to know about it, its classed as a hobby and they dont really care about it. so if your only doing one or so cake a year, so long as your not charging 5 grand per cake..LOL.. you should be fine.

mind you, im in australia, so its best to check with your local people. =)

In the US, it's not only the income that's at issue its the license from the health department or dept of Ag.

Indy: eh? You were paid in TV?? Eh? Hi, I'd like a family value pack please. Sure, that'll be $39.95, cash, efpos or credit card? Uh, do you take TV??


As for baking in someone elses kitchen, I can't speak about legalities, but to me, they are not purchasing your product (cake),they are purchasing your services (chef). However, if someone gets a whopping great dog hair in in because of their unsanitary house (not sayin it is, just a worse case here) then they are going to blame you. The only way you can quality control is by doing it in your own place.

Just watch out that you don't get paid in tv lol.

kiwigal, it was hubby who got the TV. Some kind of incentive program at work (he works for a car dealership and it was GM program). After accumulating so many points, he can redeem them for something on the list of "prizes".

"prizes" given in lieu of cash is taxed as income.

Here in Alberta you can get a certificate as 'chef for hire' whereby you do all the foodsafe certification etc, and get a business licence allowing you to prepare food in a customer's home. I can't imagine doing it for a cake though...

Wouldn't you just be being paid for your talents and time not for a cake? I mean, if you were a personal chef you are not paid per item that you create for a family, you are paid for your time and talent to create good food.