Selling Cakes out of your home in Texas

Business By edc1997 Updated 29 Mar 2013 , 3:44pm by biscuiteater

KakesandKids Posted 18 May 2006 , 10:56am
post #31 of 57

Glad you found a place. Be sure to get a food managers permit unless someone with one will be there when you are baking and decorating. You can take a class then take the test for it or skip the class and take only the test if you are confident in your food safety knowledge. All the work has to be done there including prep work and decorating.

All your prices will have to be increased to pay your new expenses, but at least your mind will be at ease and you can run your business legally!

SweetThistleCakes Posted 13 Jun 2006 , 5:41pm
post #32 of 57

I found another kitchen for rent in the Garland, TX. PM me if you would like the address and such.

jmt1714 Posted 13 Jun 2006 , 6:56pm
post #33 of 57

another post on this site shows exactly why states SHOULDN'T be lenient on home bakers . . . the woman posted a picutre of "cake damage" that turned out to be caused by her cat licking the frosting, and she was talking about just fixing it or cutting a piece out and repairing the damage. Eww.

That's why we have sanitation rules and health departments and inspected kitchens . . . lol

SweetThistleCakes Posted 13 Jun 2006 , 7:46pm
post #34 of 57
Quote:
Originally Posted by jmt1714

"cake damage" that turned out to be caused by her cat licking the frosting




icon_eek.gificon_eek.gificon_eek.gificon_eek.gificon_eek.gificon_eek.gif

moydear77 Posted 13 Jun 2006 , 8:01pm
post #35 of 57
Quote:
Originally Posted by jmt1714

another post on this site shows exactly why states SHOULDN'T be lenient on home bakers . . . the woman posted a picutre of "cake damage" that turned out to be caused by her cat licking the frosting, and she was talking about just fixing it or cutting a piece out and repairing the damage. Eww.

That's why we have sanitation rules and health departments and inspected kitchens . . . lol




So true!! I have read so many post about how mad people are that you spend so much money for a commercial kitchen and what is the big deal! It is being sold for consumption and it needs to be safe also.

moydear77 Posted 13 Jun 2006 , 8:05pm
post #36 of 57

in Minnesota we can fall under exclusion-We cannot advertise anything unless we are licensed.

Persons not regularly engaged in the business of manufacturing and selling food and who prepare food only on order of and for sale directly
to the ultimate consumer .

txdiann Posted 20 Jun 2006 , 3:26am
post #37 of 57

I have located some numbers of where to start with permits, etc for Texas. They are as follows:

Environmental Regulations- Texas Natural Resource Conservation Commision 800-477-2827 ( Search Google for TNRCC)

Health Licenses-Texas Department of Health 512-719-0246 and local health department

Pesticide Licenses- Structural Pest Control Board 512-451-7200

Tax Permits-Controller of Public Accounts 512-463-4600 or 800-252-5555

I didn't copy which web site I got this from. But at least now we have numbers to start with.

SweetThistleCakes Posted 20 Jun 2006 , 3:46pm
post #38 of 57

This just dawned on me: Do you need a state license if you are baking in a licensed facility and have a city license? After all, the state has already "licensed" that facility, does it make sence? The city inspector is a real stickler here and I would hope that she would have made sure of the red tape before she "licensed" us for the year.

KakesandKids Posted 20 Jun 2006 , 3:49pm
post #39 of 57

You do need a food managers permit if there are not going to be other people there with that permit while u bake....in other words a food manager is supposed to be there at all time when people are cooking. You will also need a food resale permit because you are selling the food not the place you are cooking at. The kitchen permit is up to the people who are renting to you.

SweetThistleCakes Posted 20 Jun 2006 , 4:06pm
post #40 of 57

Now I'm really confused here...ugh. We have the permit issued in my name and the facilities name via the city where we bake. I also hold a food managers permit. Do these rules go via the state or the city? I do have a copy of the state app and I dont see any of that on the app.... hopefully someone in Austin will decide to answer the phone or at least call me back ...grrr. To me, it would make no sense for us to obtain a license via the city if the inspector was clearly aware that we didnt have a state issued facility permit... my head hurts now

KakesandKids Posted 20 Jun 2006 , 4:24pm
post #41 of 57

If you have a food managers permit then that's good. If the place is certified by the county health dept. that's fine. You need this:

http://www.texasonline.state.tx.us/app/orig/index.jsp?AGENCY_NAME=tdshs&CONFIG_ID=DSHS_RTL&LICENSE_ID=05

Its a permit that allows you as a business to sell food to the public. Just more $$ for them to squeeze out of you icon_smile.gif

KakesandKids Posted 20 Jun 2006 , 4:27pm
post #42 of 57

You'd fall under this category I think:

Retail Food Operation (Retail Food Store): A food-establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption.

SweetThistleCakes Posted 20 Jun 2006 , 4:32pm
post #43 of 57
Quote:
Originally Posted by KakesandKids

Just more $$ for them to squeeze out of you icon_smile.gif




Goodness! Havent they had enough squeezing? Man, oh man, I think it's time for a cocktail. Care to join me?

KakesandKids Posted 20 Jun 2006 , 4:37pm
post #44 of 57

LOL no kidding it is so much $$ they want! A cocktail is most definitely in order!!!!

Momofjakeandjosh Posted 23 Jun 2006 , 4:00am
post #45 of 57

After reading this, I'm quite disappointed. I was hoping to make a little money making cakes since I am a stay at home mom now. It seems ridiculous to have to rent a kitchen, because that would defeat the purpose of being home with my kids. Plus, there is no way on earth I could afford to remodel my kitchen or build another kitchen as well as putting another entrance into my house. My question then is this - is it illegal to make cakes for friends and family and they pay me for my materials/ingredients and kick in a little extra for my time? I know lots of people that do cakes from their home, but I can't imagine any of them actually having a seperate kitchen!

KakesandKids Posted 23 Jun 2006 , 4:02am
post #46 of 57

It is illegal to make cakes for money from home in Texas. icon_sad.gif

alimonkey Posted 23 Jun 2006 , 4:29am
post #47 of 57

Txdiann, the info you posted is from this website, which helps you through the steps to starting a business in Texas: http://www.tded.state.tx.us/guide

I posted the same info almost a year ago. There's a wealth of information on this site, just do a quick search in the forums.

I looked into all of this back then and came up with a startup cost (for me) of around $500, including all permits (except tax) and food manager's licence. Health department stuff is usually handled by the city or county. Local regs supersede state. It doesn't make sense to me. Why even bother with state regs then?

As far as building a kitchen onto the house, it can't be done here. Although zoning would allow me to run a business out of my home (as long as there is no signage and minimal traffic) I can't build an addition that is for the express purpose of operating a home-based business.

piramirez Posted 25 Jun 2006 , 12:54pm
post #48 of 57

In July I will be renting space out of a resturant zoned in Dallas. When I called the City of Dallas I was told that as long as the resturant is a licensed kitchen, my business does not have to apply for any type of permit. So in order to cover myself I am making the resturant invoice me for the rent (as proof that I operate in a licensed kitchen) since we really don't have a contract (I rent as I need it). I also made sure to add them to my insurance policy...just in case something happens while I am on their property. I did have to get a Foodhandlers Certification, but I believe that is good for 5 years.

Molly2 Posted 25 Jun 2006 , 1:01pm
post #49 of 57

WOW Good for you piramirez I to am close to Mckinney I'm very happy for you.

Molly

cowdex Posted 26 Jun 2006 , 12:21am
post #50 of 57

STATE OF TEXAS HEALTH & SAFETY CODE

CHAPTER 434. PUBLIC HEALTH PROVISIONS RELATING TO PRODUCTION OF
BAKED GOODS

SUBCHAPTER A. BAKERIES


  § 434.001. DEFINITION. In this subchapter "bakery" means
a business producing, preparing, storing, or displaying bakery
products intended for sale for human consumption.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.


  § 434.002. BAKERY REQUIREMENTS. (a) A building used or
occupied as a bakery shall be clean and properly lighted, drained,
and ventilated.
  (b) A bakery shall have adequate plumbing and drainage
facilities, including suitable wash sinks and restroom facilities.
Restroom facilities shall be separate from the rooms in which the
bakery products are produced or handled. Each wash sink area and
restroom facility shall be clean, sanitary, well lit, and
ventilated.
  (c) The floors, walls, and ceilings of a room in which dough
is mixed or handled, pastry is prepared for baking, or bakery
products or the ingredients of those products are otherwise handled
or stored shall be clean, wholesome, and sanitary. Each opening
into the room, including a window or door, shall be properly
screened or otherwise protected to exclude flies.
  (d) A showcase, shelf, or other place from which bakery
products are sold shall at all times be clean, wholesome, covered,
properly ventilated, and protected from dust and flies.
  (e) A workroom may not be used for purposes other than those
directly connected with the preparation, baking, storage, or
handling of food. A workroom may not be used as a washing,
sleeping, or living room and shall at all times be kept separate and
closed from living and sleeping rooms.
  (f) Each bakery shall provide, separate from the workrooms,
a dressing room for the changing and hanging of wearing apparel.
Each dressing room shall be kept clean at all times.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.


  § 434.003. SANITARY REQUIREMENTS. (a) A person may not
sit or lie on any table, bench, trough, or shelf intended for dough
or bakery products.
  (b) Animals or fowl may not be kept or allowed in any bakery
or other place where bakery products are produced or stored.
  (c) A person engaged in the preparation or handling of
bakery products shall wash the person's arms and hands thoroughly
before beginning the preparation, mixing, or handling of
ingredients used in baking. A bakery shall provide sufficient
soap, washbasins, and clean towels for that purpose.
  (d) A person may not use tobacco in any form in any room in
which a bakery product is manufactured, wrapped, or prepared for
sale.
  (e) A person with a communicable disease may not work in a
bakery, handle any product in the bakery, or deliver a product from
the bakery.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

cakesbyallison Posted 26 Jun 2006 , 12:30am
post #51 of 57

Let's hear it for McKinney!

SweetThistleCakes Posted 26 Jun 2006 , 12:36am
post #52 of 57
Quote:
Originally Posted by piramirez

In July I will be renting space out of a resturant zoned in Dallas. When I called the City of Dallas I was told that as long as the resturant is a licensed kitchen, my business does not have to apply for any type of permit. So in order to cover myself I am making the resturant invoice me for the rent (as proof that I operate in a licensed kitchen) since we really don't have a contract (I rent as I need it). I also made sure to add them to my insurance policy...just in case something happens while I am on their property. I did have to get a Foodhandlers Certification, but I believe that is good for 5 years.




Piramirez, I would double check on that. Call the health dept and ask to speak with the person that handles the permits, only because I know that from past experience, anything sold in the city needs a city permit. NO EXCEPTIONS. You dont need one for the state, but you need one for the city. If they still tell you that you dont need one, get that persons name and make sure you keep good record of the conversation. They pulled that crap with me 2 days before an event and I was out my time and effort and I could not sell a darn thing, even thought it was all baked in a licensed facility.
I wouldn't want you to get mislead and get in trouble.

notjustcake Posted 30 Jul 2006 , 10:04pm
post #53 of 57

Gee I have been reading some of these posts for Texas businesses to be and Gee They do make it hard don't they, can't you borrow a Restaurant Kitchen?

SweetConfectionsChef Posted 31 Jul 2006 , 3:47am
post #54 of 57

Hello ladies! I'm new to this site but I've been reading through this topic and to be honest....it's not as hard as it looks. I own a bakery & catering company in the Houston area. First of all, in Texas you have to go through your COUNTY health department to get a license to operate. The procedure in Harris County (and they are pretty similar in all counties of texas) is this: 1. you find a location 2. you submit plans (either that you've drawn or paid an architect to draw) showing your kitchen design like where the stove will be, where the sink is, how large the room is, ect 3. you go to the health dept and submit your plans with a $25 check THEY WILL TELL YOU THAT DAY IF CORRECTIONS NEED TO BE MADE or whatever 4. you get your food manager permit (the county health department offers the 1 day course free of charge 5. you schedule a pre-inspection, this is when you have everything the way you will use it so an inspector can come out and make sure all of your ducks are in a row..if you pass you can open your shop/kitchen to business 6. a full inspection is next, you will not know when, who, or anything. they will just show up one day while you are working and inspect your kitchen and your techniques. 7. you mail a check for $250 to Austin that is good for one year.

If you visit the website for you county health department it will give you instructions and guidelines. You have to decifer them. The county license is for your kitchen to operate the state license is only if you intend on selling things that require labels.

I hope this helps. I have been open 1 1/2 years and I did it on $5k and that including building my kitchen. I have a store front in a "tourist" area. check it out at www.oldtownspringtx.com my company is Sweet Confections Bakery. I've never sold cakes from home because of the fear of someone getting sick and sueing me. It's just not worth it. You MUST have insurance. I pay $250 a year for the best piece of mind you can have when operating a business like this! The laws are created for the morons out there that don't want to use bleach, keep there kitchen clean, and wash their hands. Just because we know we do...we all eat out and by things pre-made...aren't you glad EVERYONE is required to? The laws are designed to protect US as business owners and consumers. Sorry this is so long.

littlemissmuffin Posted 1 Aug 2006 , 2:12am
post #55 of 57

not sure if this was mentioned, but you can look for incubator kitchens or "community" kitchens for small bizs. Fort Worth has a really good small biz network to try to help entrepreneurs and loaded with info. I believe they even have a list of those kitchens in the DFW area.

RoxieCakes Posted 29 Mar 2013 , 3:11pm
post #56 of 57

This thread caught my eye and caused me to do some research.  As of 2011, Senate Bill 81 passed and as of 9.1.11, we home bakers are legal (with limitations) in Texas.  Look up the "Texas Cottage Food Law".  However, Rep. Eddie Rodriguez is introducing HB970; it will be debated on 3.27.13 at 8 AM.  HB970's goal is to expand the law and make it even "friendlier" to conduct a baking business (limited still but less limited) our of our home kitchens. FYI and happy  baking to all my TX friends! 

biscuiteater Posted 29 Mar 2013 , 3:44pm
post #57 of 57

We sell our cakes out of our home using the Texas Cottage foods law.....here is the site for all the info...

 

http://www.texascottagefoodlaw.com/

Quote by @%username% on %date%

%body%