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Confusion about home baking businesses in NY

post #1 of 37
Thread Starter 
I am watching the TLC show "Fabulous Cakes" and this episode they are focusing on some NY decorators. One of them is Kate Sullivan of Cake Power and they said that because she has to split caking with being a mom she does it straight out of her Manhattan Loft. But how ?

The camera is panning in different ares and you can see common living areas and bookshelves.

I'm so confused. I thought you absolutely cannot run a bakery out of your home in NY.

So what am I missing?
post #2 of 37
I'd be curious about this too. Although, I think it has less to do with being a "New York" question, rather than a "Town of" question. My guess would be that because of the nature of Manhattan, the Health Department rules for the "City of New York" are much more relaxed. There's hardly any commercial space in the City, and a residential space may be right adjacent to a commercial space. My guess is that as long as all the health rules are followed (such as proximity of hand-washing sinks, health department inspections etc) you'd be fine.

Here in the Town of Hempstead (Long Island), something like that doesn't fly. It's commercial space all the way.

Think I'm on the right track?


http://cmnycakes.com/
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post #3 of 37
I live in Monroe County upstate. In NYS there is such a thing as a Home Processing Permit where you can make cakes, cupcakes, cookies, muffins out of your home.

You can only sell wholesale and on farmer's markets or so the law states. But if you are at a "farmer's market" and someone asks you to make something special are you going to say no?

The one stipulation on the law is that you can't advertise on the internet. I called my local agriculture department and they are going to come out and inspect my kitchen for this. They told specifically that I can't advertise over the internet, and it states that on the NYS website also. The lady said this means no Facebook, Twitter or "any of those things the young kids are using nowadays." I guess I'm pretty young then! Anyway that is what I know so far.

I saw that episode too. Now this may be what this lady has. I'm not too sure if she advertises. But I recognized one of her cakes as a pretty popular cake that I have seen published in one of the cake magazines. But then again advertising and being published and wrote about could be two different things too.

I don't understand the emphasis on not advertising on the internet. But that is not important to me anyway.
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post #4 of 37
Quote:
Originally Posted by LindaF144

I live in Monroe County upstate. In NYS there is such a thing as a Home Processing Permit where you can make cakes, cupcakes, cookies, muffins out of your home.



I don't mean to start a flame war, but I'm not sure this is correct. First off, a quick search of "Home Processing Permit" on google returns 5 results, and I think 3 were from cakecentral?? Maybe it's called something else?

Also, from my understanding and experience of owning a bakery on Long Island, food safety actually falls under the County jurisdiction, not NYS. I may have said "Town" in my previous post, but it's actually the Nassau County Department of Health inspectors that come and inspect our kitchens every once in while. Also, we are required to be "ServSafe" under Nassau County, not NYS. Check out http://www.servsafe.com/RegRequirements/rr_state_juris_summ.aspx?st=New%20York&id=120

In Nassau County, home bakeries appear to be out, at least according to this Nassau County .gov website: http://www.nassaucountyny.gov/agencies/health/FAQ/permits.html

I would research the New York City Department of Health and Mental Hygiene website, as that's what a quick search led me to: http://www.nyc.gov/html/doh/html/home/home.shtml

Good luck!

PS: if you check out our website, we have a location in Manhattan, but it's a sales office, and therefore we don't have to worry about food prep.


http://cmnycakes.com/
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post #5 of 37
Quote:
Quote:

I don't mean to start a flame war, but I'm not sure this is correct. First off, a quick search of "Home Processing Permit" on google returns 5 results, and I think 3 were from cakecentral?? Maybe it's called something else?



Here is the link to "Home Processor" on the NYS Department of Agriculture and Markets:

http://www.agmkt.state.ny.us/FS/consumer/processor.html
post #6 of 37
Cool...interesting link. This may suggest that in NYS you can apply for something like this and make stuff out of your house.

But then again, there is a note on the site: "NOTE: In any event, all operators should consult with local zoning officials for approval before commencing any food processing operations."

So local zoning in my area would forbid this type of operation (see previous post). I'm not a lawyer, but from experience, it's the County/City level that you need to be concerned with.
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post #7 of 37
Thread Starter 
Thanks for your input I will check out these links. It's so confusing when what your research says one thing but what's blasted on TV says another. Margeret Braun worked out of her home too, and I wonder also how she pulled that off because she didn't live in a loft but a regular standard NYC apartment in Brooklyn ...

CMNY you know what, I was saying to myself why does that name look familar to me? It's because your bakery had posted a job on Craigslist and I had emailed my info. Small world !
post #8 of 37
Cool Meli, did I ever respond?? We got quite a bit of response, even with phonecalls, so it was hard to get back to everybody.

Oh, and this might have been buried a bit in the posts before, but my gut says that NYC may be more lenient with working from home, because, as you said, Margaret Braun is known for working from her apartment. I've even seen her take a tour of it in some show.

Ro
http://cmnycakes.com/
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post #9 of 37
Quote:
Originally Posted by cmnycakes

Cool...interesting link. This may suggest that in NYS you can apply for something like this and make stuff out of your house.

But then again, there is a note on the site: "NOTE: In any event, all operators should consult with local zoning officials for approval before commencing any food processing operations."

So local zoning in my area would forbid this type of operation (see previous post). I'm not a lawyer, but from experience, it's the County/City level that you need to be concerned with.



This is true that it is your local zoning law. That is why I stated I lived in Monroe county. It differs from county to county.

Here is a link to the site page that had the phone numbers to call for your area:

http://www.agmkt.state.ny.us/FS/general/contactinfo.html

I'll be glad to keep you posted on my personal experience. I called them previously to gather information which I posted here. I just called them yesterday to set up the inspection appointment.

Thanks for your response. Your cakes and the show was very interesting to watch. I love your designs. Hopefully you will be on more cake shows in the future!
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post #10 of 37
Thread Starter 
Quote:
Originally Posted by cmnycakes

Cool Meli, did I ever respond?? We got quite a bit of response, even with phonecalls, so it was hard to get back to everybody.

Oh, and this might have been buried a bit in the posts before, but my gut says that NYC may be more lenient with working from home, because, as you said, Margaret Braun is known for working from her apartment. I've even seen her take a tour of it in some show.

Ro
http://cmnycakes.com/



I can imagine all the responses you got ! I scour Craigslist almost every day looking for positions.

Yes you did respond. You said you were looking for someone further along in experience...

Were you able to fill the spot(s)?
post #11 of 37
The Home Processors License in NY is actually fairly easy to obtain, but as it states, you can only sell wholesale, at farmers markets and stands. Therefore you can sell to the wedding planner who then resells it to the bride, but you can't sell directly to the bride/client. It greatly limits what you can do. As always, laws and regulations vary by individual counties/towns, but in general, the license does NOT allow you to sell retail from your home kitchen.
post #12 of 37
You can sale wholesale to restaurants also.
Om my initial conversation with the person who returned my call, I told her my intention to try this and she did not say I couldn't. But I am not talking wedding cakes here, nor am I directing my business directly to the bride. When it comes to cakes , there are more customers than brides.

There is also a person who has this type of permit and sells baked goods at our local farmer's market and does quite a brisk business too.

The only thing the person who spoke to me emphasized is that I cannot advertise at all any where. Not a problem for me and what I intend to do.
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post #13 of 37
Sure, restaurants, grocery stores, etc all count as wholesale. My point was simply that in most cases you can not sell directly to your "normal" cake customers.
post #14 of 37
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post #15 of 37
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