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Is it illegal to get cost reimb???? - Page 4

post #46 of 66
Quote:
Originally Posted by kelleym

Dude, it's not ambiguous. "Process" means "make". NO ONE has a problem with it except you. What does that tell you?


That I'm the only one with a differing opinion? icon_wink.gif

I'm not sure why everyone is so offended that I happened to interpret that law differently, but I think this horse if officially dead so I will not longer comment on this particular issue. Feel free to send me a private message if you want to yell at me some more. icon_smile.gif
post #47 of 66
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by forthwife

I live in Florida as well. IT IS NOT ILLEGAL TO BE REIMBURSED FOR INGREDIENTS as long as you can provide a reciept for all goods purchased and do not mark up prices on anything. This is per State code from the Department of Agriculture.


That seems odd...does that law specifically apply to home baking? Can you link to the relevant section of the FL State code?



I called and spoke with Sandra in the Florida Department of Agriculture. You're welcome to call and ask her for the logic in the legal code. I'm only repeating what I was told was safe and legal by those in enforce it.
post #48 of 66
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by kelleym

I know all about the Ohio law.


So what is your interpretation of the Ohio 901:3-20-05 Prohibition "A cottage food operation may not: (A) Process potentially hazardous foods"?

I'm not trying to "scare" people, I'm just trying to get a better idea of what the OH law does and does not allow.



the only hazardous foods are cream pies, stuff with creamed fillings. Cookies and cakes without these perishable fillings are not hazardous. go to the ohio site an read the entire cottage law, it will tell you.
post #49 of 66
jason, i am glad you are not over the hd in ohio. California is known for it's crazy laws anyway. I went there one year and was told that you can get in trouble for just honking your horn for some body to come out of their home. as beautiful as cali is, i am glad i don't live there! Freedom in Ohio, yessss!!
post #50 of 66
Here is the fact sheet from Ohio Dept of Agriculture:

http://www.brightdsl.net/~fwo/downloads/cottagefood.pdf


In Ohio, it is determined at the state level not the local level like Loucinda stated. The only thing local you have to check is your zoning for a business in a residential area.
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post #51 of 66
jason, went to your site and you are a bussiness manager, which speaks of itself. so you are well aware of the bussiness and health laws of the food industry, in ca. But in Ohio, it is different. We can bake cookies and cakes and sell them from our homes as long as there are no pets and no carpet in the kitchen. i know you wondering , how can this be. its ohio. a lot of us home bakers probably don't bake in the same volumes of commercial bakers.
post #52 of 66
Quote:
Originally Posted by jackmo

jason, went to your site and you are a bussiness manager, which speaks of itself. so you are well aware of the bussiness and health laws of the food industry, in ca. But in Ohio, it is different. We can bake cookies and cakes and sell them from our homes as long as there are no pets and no carpet in the kitchen. i know you wondering , how can this be. its ohio. a lot of us home bakers probably don't bake in the same volumes of commercial bakers.



Actually, the carpeting and pets is for those who wish to be licensed through the Dept of Agriculture.
When life gives you lemons, make lemon cake!
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When life gives you lemons, make lemon cake!
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post #53 of 66
thanks for the info.
post #54 of 66
Quote:
Originally Posted by jackmo

jason, went to your site and you are a bussiness manager, which speaks of itself. so you are well aware of the bussiness and health laws of the food industry, in ca. But in Ohio, it is different. We can bake cookies and cakes and sell them from our homes as long as there are no pets and no carpet in the kitchen. i know you wondering , how can this be. its ohio. a lot of us home bakers probably don't bake in the same volumes of commercial bakers.


OH law outlines two different types of home-based commercial bakers: cottage food makers, which do not require licensing and do not have restrictions on pets and carpets, but cannot produce food that must be refrigerated, and home bakeries, which require a $10/year license and can produce refrigerated items.

The OH law also has no limit on sales volume, so both cottage food makers and home bakeries can make as much as commercial bakers.
post #55 of 66
Maybe I should check my state again...
If Florida says home bakeries are illegal, but you can still get reimbursed for ingredients...maybe it is similar here, too.
post #56 of 66
Quote:
Originally Posted by jackmo

jason, i am glad you are not over the hd in ohio. California is known for it's crazy laws anyway. I went there one year and was told that you can get in trouble for just honking your horn for some body to come out of their home. as beautiful as cali is, i am glad i don't live there! Freedom in Ohio, yessss!!


Just about every state has a law making it illegal to use your car horn for anything other than a warning to other drivers, but such laws are rarely enforced.
http://www.ehow.com/list_6297422_laws-car-horns.html

Excessive honking can get you a ticket in OH though:
http://www.dispatch.com/live/content/local_news/stories/2010/01/22/honk.ART_ART_01-22-10_A1_RIGCIG7.html

And FYI, in OH you must honk your horn whenever you pass another car. It's also illegal for more than five women to live in a house in OH. icon_lol.gif
http://www.associatedcontent.com/article/34310/dumb_ohio_laws.html?cat=17
post #57 of 66
Quote:
Originally Posted by forthwife

I called and spoke with Sandra in the Florida Department of Agriculture. You're welcome to call and ask her for the logic in the legal code. I'm only repeating what I was told was safe and legal by those in enforce it.


I don't care one way or the other as I don't live in FL, but when speaking with anyone in the government about legal issues relating to my business, I now always ask for the section of state law so I can confirm for myself the accuracy of what the person on the phone says.

I went through this a few months ago with the new law in CA banning trans fats -- the first person I spoke with at the health department said it was OK to keep using trans fats until the end of 2010, but then we got dinged in our inspection for using shortening with trans fats. The next time I called I asked for a reference to the actual state law, and the first person I talked to was incorrect. Verbal consent from a government worker does not trump the text of the law.
post #58 of 66
Quote:
Originally Posted by kelleym

Dude, it's not ambiguous. "Process" means "make". NO ONE has a problem with it except you. What does that tell you?



Late to the conversation, but this caught my eye. In Kansas processing and making are two different things. I cannot with the license I have, make my fruit butters sealed in jars for sale unless I have an additional processing license.

When I hear the word process my mind goes to factories that commercially can, freeze or make salsa, for example out of raw ingredients brought in or meat packing plants. Processing usually involves some kind of preserving technique.

This is why I was told without an additional $400 license I would not be PROCESSING my fruit butters in jars for sale, but I could continue to make the butters and sell them out of a refrigerated case by the pound right along side the chicken salad.

I guess I've never said I was going to go into the kitchen and process a batch of sugar cookies, but I have said I need to process a batch of apple butter...

Just my 2 cents.
When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, "I used everything you gave me". Erma Bombeck
~~~
If God is for us, who can be against us?
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When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, "I used everything you gave me". Erma Bombeck
~~~
If God is for us, who can be against us?
Reply
post #59 of 66
stupid laws are made by control freaks that too much time on their hand. And do they follow them themselves, NO!. it sounds good so they introduce these laws and they pass. But like i said i am glad i am in Ohio. if i want to make a few dollars, just bake a cake. I don't bake a lot any way. and its bcause i don't want to. got enough on my plate as it is. sooooo why worry.
post #60 of 66
to the person who posted the question. My advise to you, is to go to the people who deal with this and get the answers from them. Every state has different set of rules. So ask a person who deals with this. A person who lives in another state cannot tell you anything, because they don't live there. So the old say goes" Get it straight from the horses mouth" and you can't go wrong. personally, if a relative of mine ask me to bake a cake and reimburse me for the materials used, i don't see any wrong. But in a state that has laws concerning baking out of homes, if you make a profit with people outside of your family, then there is a issue. i can tell you to do this or that because i don't live in florida. and i am not going to try. to save your sanity please take the above advice. too many opinions will drive you batty.
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