Cake Central › Cake Forums › Cake Talk › Cake Decorating › Confusion about home baking businesses in NY
New Posts  All Forums:Forum Nav:

Confusion about home baking businesses in NY - Page 2

post #16 of 37
Unless you have taken this route,, or are a home processing inspector I believe that you are speculating.

I wouldn't be so nitpicking about it if I haven't already talked to a lot of people who do this route here in my county.

And yes, I am offended. But I can't put all the blame on you. You are right to clarify what your interpretation of the law is.

I'm sorry to have been so harsh in my response. It is so different everywhere in this state, that I have decided to go straight to the source. I learn so much more every day. Sometimes it is amazing and sometimes it is not what you want to hear, but you have to live with it anyway.

I'll go change my original message.
I am no longer active on CC.  They will not let me delete my account.
Reply
I am no longer active on CC.  They will not let me delete my account.
Reply
post #17 of 37
I have heard of people in Manhattan making cakes from their homes, Margaret Braun comes to mind. I think the laws are completely different in NYC. It definitely is a county to county law. Does anyone know about Suffolk County New York. I think the answer is no, but I have to say, I see sooo many illegal businesses and ones that advertise online and on facebook and I am wondering what the deal is. Either they have no clue they can't sell or don't care about the consequences. But I know of at least 3 advertising, home bases bakers in Suffolk County.
post #18 of 37
Quote:
Originally Posted by chrissypie

I have heard of people in Manhattan making cakes from their homes, Margaret Braun comes to mind. I think the laws are completely different in NYC. It definitely is a county to county law. Does anyone know about Suffolk County New York. I think the answer is no, but I have to say, I see sooo many illegal businesses and ones that advertise online and on facebook and I am wondering what the deal is. Either they have no clue they can't sell or don't care about the consequences. But I know of at least 3 advertising, home bases bakers in Suffolk County.

The only thing I can say about this is don't assume they are illegal. I know of several at home bakers in my area. I can't vouch for all of them, but one lady was written up in the local paper. Even though she is out of her house, she built a commercial kitchen in the basement of her home.

Possibly the ones you have heard about have done the same thing.
I am no longer active on CC.  They will not let me delete my account.
Reply
I am no longer active on CC.  They will not let me delete my account.
Reply
post #19 of 37
[quote="LindaF144"]
Quote:
Originally Posted by chrissypie

I have heard of people in Manhattan making cakes from their homes, Margaret Braun comes to mind. I think the laws are completely different in NYC. It definitely is a county to county law. Does anyone know about Suffolk County New York. I think the answer is no, but I have to say, I see sooo many illegal businesses and ones that advertise online and on facebook and I am wondering what the deal is. Either they have no clue they can't sell or don't care about the consequences. But I know of at least 3 advertising, home bases bakers in Suffolk County.

The only thing I can say about this is don't assume they are illegal. I know of several at home bakers in my area. I can't vouch for all of them, but one lady was written up in the local paper. Even though she is out of her house, she built a commercial kitchen in the basement of her home.

Possibly the ones you have heard about have done the same thing.[/quote


I was told by suffolk county that even with a commercial kitchen in the home, it would not be allowed. I personally know two of the ladies, but am not friends with them enough to feel comfortable asking them the details of their legality, and I DO know they do not have commercial kitchens anyway. The third person a friend of mine knows. I am not assuming. I know what they are doing. It is of no consequence anyway, it isn't like I would turn them in. I don't believe in that at all. I was just saying I am shocked that they would advertise and was just wondering if maybe someone knows something about the laws in Suffolk County besides what was told my the BOH. I inquired about baking from home and I was told, no.
post #20 of 37
Interesting. Then it is different in every county. Your county is the first I have heard about that has different information. Thanks for sharing.
I am no longer active on CC.  They will not let me delete my account.
Reply
I am no longer active on CC.  They will not let me delete my account.
Reply
post #21 of 37
Yeah, it is a bit of a bummer because obviously I would love to do iit. I get asked all the time. But I have to say no. I suppose I am a little envious, even though that is bad, of those doing it anyway, but I don't feel comfortable risking anything just to do it. IF anyone does have any good information about Suffolk County, please share!
post #22 of 37
I've been looking for a commercial kitchen too... in Suffolk County. I've seen many decorators offering their services and I've asked them if they'd be willing to share space with me... they come back with "I work out of my home". I'm not going to bust them... it's not my job. They do it at the risk of getting caught. I like my house, and so does my family. You can't have a kitchen in the home in Suffolk. I've asked even to have a separate one, it's a no go.

I posted on craigslist about my search and hope that something comes of it along with hopefully some calls I've been making.

I wish I had the money to just open up a big facility to have an incubator kitchen here for all the decorators looking to do their businesses. It would sure be better than being sued or anything like that.
post #23 of 37
Thanks for the info! Yes, I know, I looked into a commercial kitchen situation. I only found one in Long Island City, but the cost was prohibitive with the amount of orders I would have. I have only been asked to make cakes like 4 times! LOL! It wouldn't be worht me spending hundreds to make less than that! It sucks considering other counties have different rules. And no offense to NYC but most aparments have rats and cockroaches! We don't have those kind of issues here, yet we cant bake from home! LOL! Go figure! And the search goes on! Hahaha!
post #24 of 37
Quote:
Originally Posted by chrissypie

Yeah, it is a bit of a bummer because obviously I would love to do iit. I get asked all the time. But I have to say no. I suppose I am a little envious, even though that is bad, of those doing it anyway, but I don't feel comfortable risking anything just to do it. IF anyone does have any good information about Suffolk County, please share!



I think I do have some good info.

Here's a link to Suffolk County's health department FAQ:
http://www.co.suffolk.ny.us/Home/departments/healthservices/publichealth/healthprotection.aspx#Food%20Control
It says "If you plan on opening a market or wholesale food business you should contact the New York State Department of Agriculture and Markets at (71icon_cool.gif 722-2876 or 2877." This seems to indicate that NYS rules would apply


I found some other info for Nassau county as well, in case someone was interested:
http://www.nassaucountyny.gov/agencies/Health/FAQ/foodprotect.html
"How can I obtain a permit to operate a catering service or retail bakery from my house?"
"In no case will a permit be issued for a non-commercial [private] kitchen or residence in Nassau County. The provision of food to anyone outside your immediate family or circle of friends by definition would classify an operation as a catering service. The options would be to either buy or lease an existing business, construct one in owned or leased commercially zoned space, or sublease space from a foodservice operation currently under permit by the department."

Seems to say that you need a commercial kitchen in Nassau County.

Couldn't find information this definitive for NYC. Crappy website.
Ro Sokhi, Chef
New York Wedding Cakes
CMNY Cakes
Reply
Ro Sokhi, Chef
New York Wedding Cakes
CMNY Cakes
Reply
post #25 of 37
I believe Scott Clark Woolley and Margaret Braun do the same thing.

The law in NYC mandates that you can bake out of your home and get licensed as long as you are not selling directly to the public. You can only sell to markets wholesale. Your recipes have to be analyzed at the lab and then you have to label your products with nutrition labels and apply for barcode scanning. It's a process..


You can have Ia bakery in a building apt. as long as you are zoned for mixed use or commercial building. Kates building is condo and Margaret's and Scott's are both residential.

I saw the show as well and it looks to me as if she was selling retail directly to the consumer.

The dept of health does not go after anyone unless there is a complaint. They are more concerned about the restaurants. At least that is what the inspector told me off the record.

I still am not comfortable with that so I do rent commercial space that I bake out of in Queens. Kind of wish I could bake out of home. Would save a lot of time and money.
post #26 of 37
Has anyone tried contacting TLC to ask them? You'd think that they would make sure anyone they feature on TV would be legal...or maybe there is a way around the rules that we aren't aware of yet. I think we need to keep digging!
post #27 of 37
Okay, I just watched the rerun of the episode. Is it possible that she has two kitchens in her loft? I know that in my county in NY, you aren't allowed to bake from your "home" kitchen, however if you have a second kitchen installed in your home then you can. This is information that was given to me directly from the Dept. of Ag & my local health dept. NYC might have the same type of rules.

I just emailed Kate from Cake Power, so I'll let you know what I find out!
post #28 of 37
Cindy, what county are you in??
post #29 of 37
Okay...and the answer is...(drum roll please)...

Kate does not doing any of the baking out of her loft, but is allowed to do the decorating portion.

BTW, she's super nice and I commend her for taking the time to answer my email!!!
post #30 of 37
Wow, interesting! Thanks for doing the research!
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Cake Decorating
Cake Central › Cake Forums › Cake Talk › Cake Decorating › Confusion about home baking businesses in NY