Nc Home Bakery Laws

Business By MKBeck27 Updated 23 Feb 2019 , 8:22pm by CalaMom

MKBeck27 Cake Central Cake Decorator Profile
MKBeck27 Posted 11 Apr 2013 , 3:51pm
post #1 of 26

I just got my kitchen certified by NC Dept. of Agriculture yesterday so that I can legally sell my cakes. I was pretty surprised though, that I am not allowed to make anything that requires the final product to be refrigerated. NC requires a non-home commercial kitchen for that. I can't do anything with cream cheese icing or fillings, fresh fruit that isn't cooked, ect. How do other bakers offer cream cheese icings? Do they just not worry about it, or do they treat dairy/fruit products somehow before they use them?

 

Any help would be hugely appreciated! My best cakes have cream cheese frostings or fillings!!

25 replies
MKBeck27 Cake Central Cake Decorator Profile
MKBeck27 Posted 15 Apr 2013 , 5:35pm
post #2 of 26

Is there nobody from NC here? I was hoping someone could tell me what's up with this!

jason_kraft Cake Central Cake Decorator Profile
jason_kraft Posted 15 Apr 2013 , 5:47pm
post #3 of 26

A

Original message sent by MKBeck27

I just got my kitchen certified by NC Dept. of Agriculture yesterday so that I can legally sell my cakes. I was pretty surprised though, that I am not allowed to make anything that requires the final product to be refrigerated. NC requires a non-home commercial kitchen for that. I can't do anything with cream cheese icing or fillings, fresh fruit that isn't cooked, ect. How do other bakers offer cream cheese icings? Do they just not worry about it, or do they treat dairy/fruit products somehow before they use them?

If the state/local health dept does not allow certain products made from a home-based food business to be sold, any home-based businesses who are selling those products are doing so illegally unless they have obtained permission. In some cases, you can submit a recipe to the health dept or have it tested to ensure it is not potentially hazardous to allow products made with that recipe to be sold from home.

New402014 Cake Central Cake Decorator Profile
New402014 Posted 17 Apr 2013 , 1:55am
post #4 of 26

Cream cheese icing does not have to be refrigerated. It can be a room temp for 4 to 5 days.

jason_kraft Cake Central Cake Decorator Profile
jason_kraft Posted 17 Apr 2013 , 2:02am
post #5 of 26

A

Original message sent by New402014

Cream cheese icing does not have to be refrigerated. It can be a room temp for 4 to 5 days.

The test is usually whether a recipe is potentially hazardous (based on tests for acidity and water activity), not how long it can sit outside a refrigerator. Some cream cheese icing recipes may be considered potentially hazardous, some may not. Here is an example of the latter (based on the Texas statute so YMMV): http://www.texascottagefoodlaw.com/Resources/Recipes/TraditionalCreamCheeseFrosting.aspx

MKBeck27 Cake Central Cake Decorator Profile
MKBeck27 Posted 19 Apr 2013 , 3:38pm
post #6 of 26

Fascinating! Thank you so much! I'm trying to find out from the state what I have to do to be checked so I can stay on this side of the law.

Cakin_4_life Cake Central Cake Decorator Profile
Cakin_4_life Posted 19 Apr 2013 , 4:33pm
post #7 of 26

Hi MKBeck27, I'm in NC and have went through the inspection process as well. The lady from the dept. of agriculture that came and did mine also said the same thing about Cream Cheese frosting. It depends on the moisture content of the frosting whether or not it will pass. She said NC state does the testing for around $100 or so. I haven't done the testing yet, but am going to in the near future as Cream Cheese is a very popular flavor. Here is a link for testing, hope it helps!!!

http://ncsu.edu/foodscience/extension_program/food_product_testing.html

MKBeck27 Cake Central Cake Decorator Profile
MKBeck27 Posted 19 Apr 2013 , 4:57pm
post #8 of 26

Was it Sherry Batat? She was really nice. My recipe for cream cheese icing is almost exactly the same as the one jason_kraft posted, so I'll have to see how in demand the cream cheese is. I made my own wedding cake and it was with cream cheese icing and everyone was nuts about it. I was just lucky that I didn't have any trouble with the venue about bringing my own cake. I also kept it refrigerated right up until the reception started, so it wasn't out more than an hour and a half before we served it.

Cakin_4_life Cake Central Cake Decorator Profile
Cakin_4_life Posted 19 Apr 2013 , 5:10pm
post #9 of 26

yes it was her. She was so nice when she came and did mine. She pretty much told me that she thinks most home bakers make the cream cheese anyways without getting it tested, as long as they don't get complaints no one knows....... Personally for family I make cream cheese all the time and haven't had a problem with it sitting out.
 

Granpam Cake Central Cake Decorator Profile
Granpam Posted 28 Apr 2013 , 6:04pm
post #10 of 26

I am in SC and we aren't allowed Cream cheese Icing.  There is an oil or emulsion that works well I am told.  Check with the Loran oils website.  

tracybn3 Cake Central Cake Decorator Profile
tracybn3 Posted 23 May 2013 , 7:31pm
post #11 of 26

I also live in NC and had my inspection to day. I was told I need to have my SMB tested for water activity. Anyone had this come up for meringue buttercreams?

pattycake2013 Cake Central Cake Decorator Profile
pattycake2013 Posted 3 Jul 2013 , 7:30pm
post #12 of 26

To use a cream cheese frosting in North Carolina, you have to have it tested for moisture. IT cost $100.00.  But I do know the recipe in not one stick of butter and 8 oz of cream cheese.  You would have to use less cream cheese and more sugar. You have to make sure that it is a good recipe because it will cost each time you test a new recipe.

mbaldwin914 Cake Central Cake Decorator Profile
mbaldwin914 Posted 5 Jul 2013 , 9:26pm
post #13 of 26

I'm in the process of starting up in NC and will need to have my cream cheese frosting tested. I called NC State and surprisingly the guy I spoke with recommended that I check around because they are so expensive and its just a one-time test if you get it right on the first try. So I found a lab in CT that will test (aW) -water activity for $30.00 with a 2 week turn around. If you are interested you can contact Emily Stressman 843-628-3133. I verified with Kaye Snipes @ NCAGR that it is ok to use a lab other than NC State and that the (aW) needs to be below .85

 

P.S - i just realized this was an old forum but I will post anyway in case it comes up again in the future.
 

ele by the sea Cake Central Cake Decorator Profile
ele by the sea Posted 13 Apr 2014 , 4:55am
post #14 of 26

Well, I am glad to see someone knows something about an alternative. I am working on an in home business for cake baking and decorating. I really want to make sure I don't get into a pickle!

pattycake2013 Cake Central Cake Decorator Profile
pattycake2013 Posted 13 Apr 2014 , 1:00pm
post #15 of 26

Good Morning,

First you need to do a business plan to apply to have your house inspected. It is really easy.

Go to your local small business center to take classes for writing a business plan. if you don't have one yet. But taking advantage of all the free classes is great in starting any kind of businesses. Then go to the Dept of Agriculture and get the application. The things you can not bake out of your house is pumpkin and sweet potato pies, cheese cake or cream cheese frosting. That is because of the moisture content.

If I can be of any other help your can email me. If you dont know how to price you produce for food. price out your item and times it by 3. Don't forget to add the container you put you product in. Hope this helped you out.   [email protected]

pattycake2013 Cake Central Cake Decorator Profile
pattycake2013 Posted 13 Apr 2014 , 1:02pm
post #16 of 26
  • 80x80px-LS-9684ab2b_avatar-350-1.png
  • 5 Posts. Joined 7/2013

Good Morning,

First you need to do a business plan to apply to have your house inspected. It is really easy.

Go to your local small business center to take classes for writing a business plan. if you don't have one yet. But taking advantage of all the free classes is great in starting any kind of businesses. Then go to the Dept of Agriculture and get the application. The things you can not bake out of your house is pumpkin and sweet potato pies, cheese cake or cream cheese frosting. That is because of the moisture content.

If I can be of any other help your can email me. If you dont know how to price you produce for food. price out your item and times it by 3. Don't forget to add the container you put you product in.  Hope this helped you out.   [email protected]

ele by the sea Cake Central Cake Decorator Profile
ele by the sea Posted 13 Apr 2014 , 7:00pm
post #17 of 26

Thank you for the response! Also, I would love to have a cream cheese recipe that I could present with acceptance to NC. I went  online and downloaded a form for the Agriculture Dept. I will be up to the Complex to check about the okay to bake and sell from my home.

Since I will be delivering and setting up Celebration cakes and providing Restaurants in the area with some goodies, I want to be on the up and up. Thanks for your help.

craftybanana Cake Central Cake Decorator Profile
craftybanana Posted 14 Apr 2014 , 2:40pm
post #18 of 26

I've seen people post this for cream cheese recipes: http://texascottagefoodlaw.com/ Click on Resources then Recipes. The recipes are the ones that were tested to be non-potentially hazardous according to the Texas Cottage Food law. I've never tried them, but it might be a good start.

pattycake2013 Cake Central Cake Decorator Profile
pattycake2013 Posted 17 Apr 2014 , 2:37pm
post #19 of 26

I would love to have the cream cheese frosting too. lol I can tell you it is not the normal recipe 8oz cream cheese and 1 stick of butter. It will cost you $100.00 to have your recipe tested for moisture content. There are also other places that are cheaper to have it tested, think about $30. I have not yet done this yet. Just to let you know if you recipe is not right it cost $100 each time you summit a recipe.

pattycake2013 Cake Central Cake Decorator Profile
pattycake2013 Posted 17 Apr 2014 , 2:38pm
post #20 of 26

The rules are different if you use a commercial kitchen.

tracybn3 Cake Central Cake Decorator Profile
tracybn3 Posted 17 Apr 2014 , 7:01pm
post #21 of 26

I have had to submit to the Dept of Agriculture and have to say they are very easy to work with. The labs at NC State actually do the testing and did not charge me for multiple re-tries after paying the initial $100. However, I was very timely in sending in re-tries right away so it didn't drag out too long.

pattycake2013 Cake Central Cake Decorator Profile
pattycake2013 Posted 18 Apr 2014 , 11:05pm
post #22 of 26

That is good to know. Thank you so much. I was told that you had to pay each time. 

CarolinaCook Cake Central Cake Decorator Profile
CarolinaCook Posted 8 Feb 2017 , 7:50pm
post #23 of 26

I also live in North Carolina and am interested in making some food items to sell.  The problem is, I have two cats, and I'm told you can't get a home-based license if there are any animals in the house.

As such, I'm wondering what options are available to me?  What I'm planning to do is create some specialized candy treats, like candy apples, and sell them via an online website.  

What do I need to do in order to pursue this goal?  Will I need to license a commercial kitchen?  Once I create these treats, and they are "boxed up", am I able to bring them into the house in order to sell them via my website...or is the fact that there are two cats in the house a "no no"...

Can someone from North Carolina please point me in the right direction?

Thanks

KW

CarolinaCook Cake Central Cake Decorator Profile
CarolinaCook Posted 9 Feb 2017 , 10:05pm
post #24 of 26

Anyone from North Carolina?  Any news would be helpful?

MimiFix Cake Central Cake Decorator Profile
MimiFix Posted 12 Feb 2017 , 4:32pm
post #25 of 26

If you're interested in selling food online, it will be helpful to complete a business plan that includes research on two separate points. (1) Small online food businesses may appear to be doing well, but the reality doesn't often fit with our initial perception. (2) Mailing food is regulated by the FDA so in addition to your state and local laws, you need to comply with federal regulations.

Renting space in a commercial kitchen is a good alternative if you have pets. It's my opinion, that once your food items are boxed and protected, transporting them should be fine. But your health inspector will have the final say.

Your health inspector is the best resource for all food-related questions. Asking questions in a public forum can seem helpful; but everyone can post a reply, whether or not they have access to the regulations in your area. 

CalaMom Cake Central Cake Decorator Profile
CalaMom Posted 23 Feb 2019 , 8:22pm
post #26 of 26

TI know this is an old post...and I haven’t yet delved into any of the other umpteen many other posts...all tabbed on my computer until dinners done and the kids are in bed lol. But does anyone know or have insight on mecklenburg county? Definitely not ready and don’t think I’m (honestly) good enough to sell cakes-definitely not fondant cakeslol-or other goodies just yet. But DHs coworker was asking how much I’d charge for a cake the other day (when I sent him in with leftovers to work so they wouldn’t go bad). He literally sent my DH links to rent a kitchen space through where (I guess him and his wife went through years ago). So it got me thinking about all the rules and regulations. We have indoor pets-a dog and a cat-so definitely NOT ready. Just pondering. 

Quote by @%username% on %date%

%body%