New: States That License Home Kitchens

Business By kelleym Updated 17 Aug 2014 , 1:55pm by craftybanana

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lat1nacurv3s Posted 17 May 2009 , 5:56pm
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Any one here from Texas (Dallas County area) sale out of their home kitchen? Because I personally know of several ladies that do. Yet this list says "NO", it's not allowed. I'm wondering if there's a similar clause like that of Annieos in Kansas? Hmm....

I'm going to look into it cause I def want to start my own lil biz....NOT that I'm ever going to call anyone either. I think that's just so mean.

Thanks!

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lat1nacurv3s Posted 17 May 2009 , 10:38pm
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For those in Texas, there currently is a bill in the works to change the law and make it legal for bakers to run a successful home based bakery business from your own residential kitchen.

It's called the TEXAS COTTAGE FOOD LAW. Here's the link if you would like to learn more about it.

http://www.texascottagefoodlaw.com/

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tonimarie Posted 19 May 2009 , 2:45am
post #63 of 437

anybody know about Montana? I have searched the Department of Agriculture-found nothing relating;emailed them and have never heard back. not sure where to look now icon_cry.gif

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Nic011380 Posted 28 May 2009 , 11:52pm
post #64 of 437

Anyone know about Kentucky?

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BillaCakes Posted 3 Jun 2009 , 3:55am
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Quote:
Originally Posted by lat1nacurv3s

For those in Texas, there currently is a bill in the works to change the law and make it legal for bakers to run a successful home based bakery business from your own residential kitchen.

It's called the TEXAS COTTAGE FOOD LAW. Here's the link if you would like to learn more about it.

http://www.texascottagefoodlaw.com/




Unfortunately, that bill died along with about 4000 others at the stroke of midnight on May 14th. A big shout out to all of the Texas peeps who supported that bill and pushed it as far as we did sans lobbyists!

At this point, if you are operating a cake business out of your home in Texas, your kitchen had better be separate from your living quarters and licensed as such (ie garage outfitted for baking) or you do it on the DL and at your own risk. Hopefully in two years when the House of Reps meets for session again we'll get 'er done! In the meantime, I'm looking for commercial kitchen space to rent in Austin!

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jer702 Posted 3 Jun 2009 , 4:08am
post #66 of 437
Quote:
Originally Posted by bakermommy4

The list says that Nevada is a no...that's not accurate. I just got my license and its about whether you are in the city or county limits. And you don't receive just the business license, you have to also apply for a home occupational permit too.

Just an update




Wow, I always thought Vegas was no..interesting icon_confused.gif

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Larkin121 Posted 3 Jun 2009 , 5:51pm
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Wait... WA varies by county??!?!?! Anytime I have tried to find this info, I find it on a state level and it says no. Anyone know WHICH counties allow it? Or how to find out?

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TracyLH Posted 4 Jun 2009 , 10:37pm
post #68 of 437

Thankyou for taking the time to put this all together!

I also would be interested to know about WA state. Does anyone out there know about the counties that are a go or who to contact to find out? Thanks!

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Larkin121 Posted 4 Jun 2009 , 11:17pm
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K, I looked it up best I could some more and found that for sure King and Pierce counties in WA are a no. I saw somewhere else that someone said Kitsap county IS allowed. Doesn't help me, as I'm in Pierce. So bizarre that it's ok in one area but not another in the same state!!! It's either safe for the consumer or not, geez.

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TracyLH Posted 5 Jun 2009 , 11:19am
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Thanks for doing that Larkin! Where did you go to find out, especially about Kitsap county? Is it the Dept. of Agriculture as VA is?

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Lori00 Posted 17 Jun 2009 , 4:57am
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Connecticut is a no but I am working on changing that

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Lori00 Posted 17 Jun 2009 , 4:59am
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I already posted my answer but it was incomplete. CT will allow it only if you have a second kitchen just for that purpose. Otherwise it is a no.

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Ruth0209 Posted 17 Jun 2009 , 5:10am
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Quote:
Originally Posted by CourtneysCustomCakes

I didn't read all the way through the Idaho site. But I have spoke to the Health Department in my county, and it is ok. We of course have to do all the tax stuff if we are selling. And it is reccommended to take a health class through the health department, and we can pay a fee to have them come out and inspect the kitchen. But that is all optional. According to the Health Department they don't consider Cake Decorating hazardous. Apparently they don't think we can hurt anyone with a cake.

How ever I do know that it varies by county. Because My MIL's Health Dept say no.




Idaho's food code is a statewide law, and Idaho doesn't allow home kitchens. I have heard that the enforcement varies by county and some health inspectors may interpret cake baking as non-hazardous, but if you look at the code, there's really no way you can interpret cake baking in that category. In my county, you have to bake from a licensed and inspected kitchen.

Interestingly though, my health inspector told me that the Health Department has no authority to levy any fines for violations.

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Lori00 Posted 18 Jun 2009 , 2:57am
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Ruth is that car a cake? OMG I want to make a copy of my boyfriends car into a cake and it is a convertible olds 442 how did you do that!

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Ruth0209 Posted 18 Jun 2009 , 3:22am
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Quote:
Originally Posted by Lori00

Ruth is that car a cake? OMG I want to make a copy of my boyfriends car into a cake and it is a convertible olds 442 how did you do that!




Yes, that's a cake all right. It's probably the hardest cake I've ever done. It took me over 20 hours from researching the shape to completion. I made a pattern from paper to get the proportions and contours right. I think Sugar Shack has a really good tutorial on how to do a car cake. I'd search around the site. A picture is worth a thousand words.

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Lori00 Posted 19 Jun 2009 , 3:23am
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Thanks. 20 hours huh. I don't think I have the strength! icon_confused.gif lol

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sallene Posted 25 Jun 2009 , 5:32pm
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I'm just confused, I think. The sheet says that Missouri varies by county and the website says you can't use home kitchens to prepare food to be sold or distributed.

I've contacted my county health department twice, but have had no response.

Anyone know which countie are legal?

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lovelytee Posted 26 Jun 2009 , 2:15am
post #78 of 437

I know that New Jersey is a no go. Can anyone tell me if you can at least set up a kitchen in one's basement? TIA

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piperbreeze Posted 8 Jul 2009 , 10:38pm
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Hi Onceuponacake - do you know what counties allow you to operate a home baking business in Georgia??? I'm in Jackson county and a friend and I are thinking of doing just that. She has a finished basement that needs just a little work (sealing the floors, countertops, stove and sink). She does have a separate entrance to the basement from outside so no one will have to come through the house. Any idea of where to look for the stove and sink? I've got family that's involved in construction/plumbing/electrician so maybe they can get the cabinets/countertops for us cheap or better yet free. My cousin is the plumber/electrician so that's not an issue as far as getting any of the outlets up to par.

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homebasedbaking Posted 9 Jul 2009 , 4:55pm
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In the last legislative session (State of Indiana), an exemption was added for home-based processing of products that are not potentially hazardous food products and are sold at a farmers market or roadside stands (see statute below). The link below is guidance from the Indiana State Department of Health regarding this exemption:

http://www.in.gov/isdh/files/HEA_1309_guidance_final_6_11_09.pdf

If you have further questions, I would recommend contacting the Indiana State Department of Health, Division of Food Protection. Their main phone number is 317/233-7360 and email is [email protected].

How is this important to bakers? A number of bakeries have closed in recent months and a number of pastry chefs/bakers are losing their jobs. If you are interested in starting a home-based bakery there are 13 states that have "cottage laws" which allow state citizens to bake from home and sell to the public for profit.

The state of Alabama passed a "cottage law" on April 21, 2009 so bakers can now start a home-based bakery in AL.

Hoping bakers who need to...will take advantage of this...I am available to answer questions about home food processing, I teach (How to Operate a Home-Based Bakery face-to-face/nationwide) for Wake County Public School System Lifelong Learning in Raleigh NC...North Carolina is also a home-based baking state.

If you would like to learn more please email me at [email protected]

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Tweets350 Posted 12 Jul 2009 , 5:16am
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Hi all! am new to the forum, and this is the first place I wanted to check out. I am interested in starting a home based business for my cakes, but am not having any luck finding out if I am allowed to, here in Oregon. According to this thread, Oregon is a YES. However, when I tried to open the link, it wouldn't let me in (new computer, not used to Vista! lol). So is there anyone out there who can give me some info? I live in Wasco County...

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Tweets350 Posted 12 Jul 2009 , 5:20am
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Hi all! I'm a newbie here, but am wondering about Oregon? Your list says we are a YES but I am unable to find any specifics online, and my new computer has Vista which is driving me nuts cuz I can't find things! lol I am wanting to start a home based business, and am VERY interested if there's anyone else from Oregon who is doing this? I am in Wasco County...

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kathy164 Posted 12 Jul 2009 , 5:28am
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Hi there, I am in Oregon, Benton county. Our state does license homes. I was just certified. You have to contact the Department of Agriculture for your county. Look in the phone book. Then call and make an appointment. Generally, it was clean house/kitchen. secure area for all cake making supplies. Ours required separate fridge, separate storage from any home foods. dishwasher must reach 160 degrees, or use a bleach solution for rinsing/sanitizing. NO INDOOR ANIMALS. (my guy really stressed that point) LOL. keep all doors/windows shut. no one else but you in kitchen during baking/decorating. no other home cooking going on while baking/decorating. Basic items like that. I am not sure why the attachment would not open. I also have vista, but it did open. But, if you contact the Dept of Ag, they are super nice and will help you out. Kathy

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Tweets350 Posted 12 Jul 2009 , 5:42am
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Quote:
Originally Posted by kathy164

Hi there, I am in Oregon, Benton county. Our state does license homes. I was just certified. You have to contact the Department of Agriculture for your county. Look in the phone book. Then call and make an appointment. Generally, it was clean house/kitchen. secure area for all cake making supplies. Ours required separate fridge, separate storage from any home foods. dishwasher must reach 160 degrees, or use a bleach solution for rinsing/sanitizing. NO INDOOR ANIMALS. (my guy really stressed that point) LOL. keep all doors/windows shut. no one else but you in kitchen during baking/decorating. no other home cooking going on while baking/decorating. Basic items like that. I am not sure why the attachment would not open. I also have vista, but it did open. But, if you contact the Dept of Ag, they are super nice and will help you out. Kathy




Oy, Thank you Kathy! Your info is extrememly helpful. I've got most of it down okay, however... the big sticking point is we have three dogs here in our house! LOL There are five adults here (me, hubby, my in-laws, and his grandma... DON'T ASK! lmao), so sometimes there are people in and out, but they have all learned to stay out of my way when I'm in the kitchen doing my thing! hehehe So what happens if I am doing cakes for people, just from word of mouth, am doing them from home, but without a license? What are the penalties? Should I just call the fees a "donation?"

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Tweets350 Posted 12 Jul 2009 , 5:51am
post #85 of 437

Also, sorry about the double post! Computer is giving me fits!!!! icon_redface.gif

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littlejewel Posted 12 Jul 2009 , 6:22am
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I haven't a a response back from my county health department's director. Does anyone know if IL will allow to setup a separate kitchen or will I need to rent ?

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littlejewel Posted 12 Jul 2009 , 6:24am
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I haven't a a response back from my county health department's director. Does anyone know if IL will allow to setup a separate kitchen or will I need to rent ?

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homebasedbaking Posted 12 Jul 2009 , 2:27pm
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The state of Illinois does not allow home based baking or home food processing. It does allow non-profit organizations to sell their products at local community events that are also none profit. You will need to locate a licensed commercial kitchen or an incubator kitchen.
To learn more about Illinois:
http://the217.com/articles/view/urbana_s_farmers_market_adjusts_to_baked_goods_ban


As for Oregon, the state does have a "cottage law." You may locate the law by visiting the following link:

http://oregon.gov/ODA/FSD/faq_index.shtml#Domestic_kitchen_licensing_procedures

There is information on getting your kitchen licensed and labeling your products properly. Now with that said please note that every state is different when it comes to labeling even though there are Federal standards also set and you must also file with the feds to sell your product online with the state and across state lines.

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homebasedbaking Posted 12 Jul 2009 , 2:29pm
post #89 of 437

The state of Illinois does not allow home based baking or home food processing. It does allow non-profit organizations to sell their products at local community events that are also none profit. You will need to locate a licensed commercial kitchen or an incubator kitchen.
To learn more about Illinois:
http://the217.com/articles/view/urbana_s_farmers_market_adjusts_to_baked_goods_ban


As for Oregon, the state does have a "cottage law." You may locate the law by visiting the following link:

http://oregon.gov/ODA/FSD/faq_index.shtml#Domestic_kitchen_licensing_procedures

There is information on getting your kitchen licensed and labeling your products properly. Now with that said please note that every state is different when it comes to labeling even though there are Federal standards also set and you must also file with the feds to sell your product online with the state and across state lines.

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kathy164 Posted 12 Jul 2009 , 4:06pm
post #90 of 437

Bless your heart, you got a house full!! LOL. I am not sure what the penalties are. My inspector did not state any. I know he was real adiment about not having any animals in the house. I think if you are doing them for family and friends you should be ok. If you wanted to open a business then I think you would have to have do something with the puppy dogs. I honestly do not know. I can only say to contact the dept of Ag and they could help you more. I hope you have a great day, Kathy

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