I saw something interesting in the paper today and I am wondering if this service is legal. She is offering cookies and cakes in her florist, which is located in a home, with the living quarters upstairs. How can I find out if she is "legal"? I am in Texas if it matters.
In many states it is legal to do this from home as long as the entrance to your place of business is seperate from the main entrance.
every state is different about their requirements to be legal.
You could start with your local health dept and they should be able to tell you the requirements if they are the ones to check on bakeries or they should be able to tell you who to contact.
oh no, I am not going to turn her in. Just thought it was interesting. The more I think about it, she is probably legal. The house they are located in was a bed and breakfast prior to them moivng their florist into it and they also run a photography studio there. So she may have commercial equipment from the prior bed/breakfast. Just thinking that is a great setup!
There is also another local woman who turned someone in a few years ago because she owned a local bakery and the competitor was doing it "illegally" out of her home. Now the bakery has closed, and the person who turned her in is now doing it "illegally" out of her home. Somewhat ironic......
Why do you need to know? If you are not sure don't buy anything from them.
By the way, my understanding is you don't need anything (equipment wise) to be a B&B. Of course it might be different from state to state.
Also, if you're curious, you can either check with the local Health Dept. or Dept. of Agriculture. You can look at the post here on CC about home business to see which TX uses.
I can't imagine the board of health approving a floral shop and a bakery being in the same location. I have worked at a few floral shops and roaches and other critters come in with fresh floral shipments quite often. Not to mention the pesticides on the flowers and possible cross contamination.
Why do you need to? Do you plan on turning her in if she isn't?
I doubt someone would allow a newspaper story about them to appear if they were not legal.
I AGREE....... PLEASE LEAVE IT ALONE....
Karma!, it's a great thing
Boy, ain't that the truth!
I've learned it's hard to be legal. Takes lots and lots of money usually and not everyone has the ability to be but they may still need to do it to help support a family. I know there are probably plenty of SAHM/B's that couldn't afford to work out of the house or give up the supplement doing cakes at home adds. And IMHO, if someone turns someone else in, they only do it out of jealousy and feeling threatened. Remember what goes out comes back to you three times. I try my best to give out good to everyone.
My only fault with that logic is, you're sort of asking for trouble if you advertise - especially in a newspaper - if you're not legal. That's all I have to say.
Me, personally, I can't wait to become legal. Though in NJ they make you jump through hoops.
In the state of Texas you may not operate a commercial food business from your residence - Unless, it meets the necessary requirements (i.e., seperate entrance, commercial equipment, etc, etc....) and some cities do vary - and that's a good place to start. A B&B may not have a commercial kitchen - as the food prepared is not being sold. There may be different regulations for that - I don't know. I have learned ALOT about the food service business, as I was turned in... I have done my research and have since found a commercial kitchen to rent, registered with the county, filed for a tax id, purchased insurance, and am now certified by the state to handle food (required in TX). It's possible she's legit, it's possible she is not. Your city health department is the best starting point, if you're interested in what is required.
hopefully is not me 
[/quote] My only fault with that logic is, you're sort of asking for trouble if you advertise - especially in a newspaper - if you're not legal. That's all I have to say.
Me, personally, I can't wait to become legal. Though in NJ they make you jump through hoops.
I agree, which is why first I don't advertise...but luckily word of mouth keeps me plenty busy. And secondly, I have been exploring and have (hopefully) found my path of becoming legal. I just don't understand how someone working out of their home could really but that big of a dent in a "legal bakery's" business. I know there's only so much I can do out of my house. And I just think it stinks for someone to be spiteful enough to turn someone in. My clients don't mind my cakes come out of my home kitchen. I understand the reason for rules, but I think if as long as you're keeping it within reason, people should leave well enough alone.
Why do you need to? Do you plan on turning her in if she isn't?
I doubt someone would allow a newspaper story about them to appear if they were not legal.
We had a story on a wedding cake decorator just 2 months ago. She wasn't legal.
cakesbyallison - you mentioned in your post above that you were turned in. Who turned you in - local bakery?
Also, what happened when you were turned in? Warning, fined?
I don't know who turned me in. I received the notice via email (no fines).
I had a phone call from another home based cake decorator (here locally) who called me, because she received a similar email. So I have to assume someone (other than a customer) in the business turned us in.
That's terrible for you! At least you found somewhere "legal" to bake - your work is beautiful!!
I've learned it's hard to be legal. Takes lots and lots of money usually and not everyone has the ability to be but they may still need to do it to help support a family. I know there are probably plenty of SAHM/B's that couldn't afford to work out of the house or give up the supplement doing cakes at home adds. And IMHO, if someone turns someone else in, they only do it out of jealousy and feeling threatened. Remember what goes out comes back to you three times. I try my best to give out good to everyone.
well said! 
What's even worse is to be featured as best in your state...and not be a legal bakery.
For me, I don't care, if you don't advertise and your customer base is word of mouth, friends and family; because if you're good you will have plenty of business to keep you busy.
What tortes my goat is a illegal cake decorator being featured in magazines, advertising like all get out, doing wedding showcases and things like that, because they have no overhead and can afford to.
My friend has a modest little bake shop and has such high overhead that she cannot do any advertising at the moment.
She can't aford to do 400-600 bridal shows and invest in all the things you have to get to do one.
Those shows are NOT cheap!! We priced one out for kicks and giggles and figured out that a cheap one was like, over 1,000 dollars.
so, yeah, someone that is not legal and advertises as if they were does affect a legal business.
But, yes, Karma does come around and what is a person that disregards the laws of their state, community and even their zoning have to say when things come back to hit home?
I work in a hotel so I don't get to be as creative as my friend, but I also can count on my paycheck at the end of the week.
She can't rely on that, as I can.
Most bakers, even the best ones, started at home. Most people don't have the money or experience to wake up one morning and decide to buy a kitchen. Most bakers are working towards getting legal (I know I have it in my sights and have the paperwork ready to work on) but are not there quite yet. I've talked to a fairly well known cake decorator who owns a business in MD and she even started at home, and in MD its completely illegal to do that! (Not illegal in PA, just needs inspection).
I always make sure I tell my customers I do this out of my home "on the side" as sort of a remote suggestion that I am not a business. I tell them because a few are looking for a bakery, and I do not want to mislead.
Anyway I say that to say, if you aren't planning to buy something, or thinking about it, its not fair to start digging around other people's business esp if you do not know for sure they are doing anything illegal, or you do not know if maybe they are working on getting the paperwork in.
I think the reason she cares is because if it is okay for one 'non-legal' baker to advertise, maybe she is interested in advertising as well.
Anyways...my input:
I work in advertising, and I've gathered that there are ways to get around using a business name without obtaining a business license. I've never been in the situation, so I have no idea what mishaps may arise eventually. It varies from state to state...and also, health department.
But as for food services in California (at least where I live...) you must have the food prepared in a California Licensed Kitchen. So, if this lady is preparing her food somewhere else, and re-selling it through her home, this would be legal.
I don't think it would be a wise idea to advertise it in the paper if she wasn't preparing things in a 'legal' manner.
One thing...is there a business license # on the ad? I know a lot of people that I do ads for MUST put their license # on the add somewhere, and it has to be the same font-size as the phone number.
As a last resort, you could always call the publication and ask them the requirements to advertise with them (business license, etc.).
I've learned it's hard to be legal. Takes lots and lots of money usually and not everyone has the ability to be but they may still need to do it to help support a family. I know there are probably plenty of SAHM/B's that couldn't afford to work out of the house or give up the supplement doing cakes at home adds. And IMHO, if someone turns someone else in, they only do it out of jealousy and feeling threatened. Remember what goes out comes back to you three times. I try my best to give out good to everyone.
well said!
Hmm... I don't completely agree with this. Before I came legal, I didn't bake for people other than friends and family and they only paid for the ingredients. I knew it was illegal and didn't want to get in trouble.
I, most likely, would never turn someone in for doing it illegally because I can understand different people have different situations. However, there are some people that do this WAY to cheap and I'm already cheap as it is ($1.50/slice) but since I'm legal I have to pay rent ($10/hour). So if I were to find someone that's doing it illegal and extremely cheap I might think about turning them in as they are being quite insensitive to us folks that are trying to make this our legal business.
What would be nice is if they would change the darn laws and make it so everyone could do it from home!
So if I were to find someone that's doing it illegal and extremely cheap I might think about turning them in as they are being quite insensitive to us folks that are trying to make this our legal business.
Actually, technically, that falls under "feeling threatened".... 
I actually highly doubt that anyone selling their stuff that cheap illegally is doing very good quality anyway... meaning, even if they did undercut your prices, they probably can't undercut your quality or reputation, therefore they still are not a threat.
And if I were you I'd raise my prices. You're worth more than that!
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