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Cannot license at home in AL - so what can I do? - Page 2

post #16 of 37
I agree with Pam, I am pretty sure you are setting yourself up for disaster if you try to sell out of a farmers market and your cakes are not baked in a licensed kitchen. The hoops I had to jump through to make myself legal was far more worth it than to try ducking the authorities every time you turn around. Truly if I were you I would look into renting (the way I started out) and then expanding by building on to your house or using your attached garage. The worry free baking is sooo worth it.
pat
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pat
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post #17 of 37
I appreciate your comments regarding selling at the farmer's market here in Alabama. I am attaching a link to the Alabama Farmer's Market Authority so you can read that they do allow the sale of baked goods at the market as long as you have the appropiate labeling that the food is prepared in a kitchen that is not inspected by a regulatory agency.
http://fma.alabama.gov/HomeProc.aspx

This is a temporary solutions, for me, until I can get the capital to open a store front. This is also the reason I question the ability to sale at the market instead of the state allowing home bakers to become licensed so they can collect sales and use taxes along with other business taxes in order to better the community.

To the opening post:
If you want to contact Public Health in Montgomery the phone number for license is 334-206-5375. The number to the Alabama farmer's market authority is 334-361-7273. I hope this helps you out.
post #18 of 37
I'm not in AL but it seems that peaseofcake is right the link clearly states that you can sell to farmers markets with the appropriate labels on your cakes icon_smile.gif
Good luck to both of you
post #19 of 37
Thread Starter 
peaseofcake, Thanks for the links and numbers. I will check them out. I might consider the farmers market.
post #20 of 37
I'm not the 'moral' police by any means and don't want to make an arguement out of interpreting the code however I read,

" Chapter 420-3-22-.01 now excludes a kitchen in a private home from the definition of food establishment if only food that is not potentially hazardous (time or temperature control required for safety) is prepared for sale or service at a function such as a charitable, religious, civic, or not-for-profit organization's food sale, or at a state sanctioned farmers markets, and if the consumer is informed by a clearly visible label, tag, or placard at the sales or service location that the food is prepared in a kitchen that is not inspected by a regulatory agency. Certain home processed foods, for example baked breads, rolls, cookies, cakes, brownies, fudge, and double-crust fruit pies; traditional fruit jams, jellies, marmalades and relishes; candy; spices or herbs; snack items such as popcorn, caramel corn and peanut brittle, may be sold at farmers markets with appropriate labeling.

But taking orders, delivering to outside addresses other than the farmers market and passing out business cards to me stretches the wording and intent of the code. Maybe on a par with charging for the box not the cake that's in it. Pam
Jeremiah 29:11. If you build it they will come. Do what you love, and love what you do!
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Jeremiah 29:11. If you build it they will come. Do what you love, and love what you do!
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post #21 of 37
I agree with you Pam. Buying baked goods at a farmers market and not knowing what kind of kitchen they come from (hygiene and such) ranks right up there with buying baked goods from the local bake sale stand outside of Walmart. You absolutely don't know how they were prepared and how clean the house is. I had a friend that saw absolutely nothing wrong with her cat walking on her kitchen cabinets. Needless to say I did not eat at her house or any of her food. I am not a germaholic but I do think you need to be wise.
pat
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pat
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post #22 of 37
So I'm theory you could rent an apartment as long as you do not live there and only use it for baking cakes and then you could sell them.. But that's my theory.. Cause the law says you can't sell cakes made in your home right?? Well if you aren't living in the apartment well it's not your home.
Paige Pittman
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Paige Pittman
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post #23 of 37
As someone who has spent the last year saving, sacrificing, planning, and doing all the hard things to open my business legally, it is hard to hear of people who want to shortcut the process. Of course the law doesn't mean to use the farmers market as a gateway to do whatever you want. It seems that AL has one of the more strict requirements for home baking, so they are serious about protecting the public from unlicensed kitchens. I am now only three weeks away from opening and I believe in the process. It protects my business by setting the standards for public safety and it protects the public from possible unsanitary or hazardous food.
post #24 of 37
I worked very hard scrimping and saving then finally refinancing my home to open my licensed bakery and because I did it legally I have been truly blessed by a successful business. You guys can search and look for ways to get around the law if you want I just did not feel it was worth my morals to do it. I don't have a problem with home bakers at all, if you want to sell cakes to your family and friends that is fine. But it is when you are trying to run a business and do it so the law does not catch you it really gripes me. But you do what you want, but remember what goes around comes around. And no I am not the morality police either. You just need to think about it.
pat
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pat
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post #25 of 37
It's not getting around the law if what you are doing Is in fact legal. If the health department gives you the green light then weather you open your own business or use an apartment or rent a kitchen if it's legal it's legal. Not everybody can open up
A store And since you can't save up buy selling cakes then you gotta start with what you can get. You gotta crawl before you can walk and I think jumping into opening a business when you have never sold a cake that skipping the crawling and the walking and going straight to running..
Paige Pittman
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Paige Pittman
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post #26 of 37
And that's not aimed at anybody who is opening a store I'm
Just saying sometimes it's okay to start small.
Paige Pittman
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Paige Pittman
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post #27 of 37
I am not referring to anyone legally starting small.... I am that person who is legally starting small. If you want a cake business, you must raise money in an alternate vocation. My reference was to short-cutting the law. If you don't have the money to start, then you cannot do it legally. It is expensive, time consuming, and requires dedication to get it done.
post #28 of 37
Quote:
Originally Posted by Paige_Pittman86

So I'm theory you could rent an apartment as long as you do not live there and only use it for baking cakes and then you could sell them.. But that's my theory.. Cause the law says you can't sell cakes made in your home right?? Well if you aren't living in the apartment well it's not your home.


You could probably rent time at a commercial kitchen for less than the cost of renting an apartment.
post #29 of 37
I live in MS I haven't even found out what our laws are yet cause I'm still not ready by any means but does anybody know anything about ms laws
Paige Pittman
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Paige Pittman
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post #30 of 37
Thread Starter 
Thanks to all for your thoughts and replies.

I didn't intend for the post to generate comments on how to circumvent the laws and regulations or to stir up hard feeling for those who do.

I do have a full-time job and I was planning to try and launch a small baking business from home and then (on the day I posted) found out it wasn't legal to do it from home in AL. I've scrapped the current business plans. I'm not out to break any laws.

My hubby and I have come up with a long-range plan to renovate an old house we own with a commercial kitchen and turn it into a legal business one day. However, right now we can't afford to do that. I appreciate that some of you have made tremendous sacrficies of time and finances to operate your own business legally as I'm sure it will be no less for me when I come to cross that bridge.
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