kelleym Posted 8 May 2008 , 9:49pm
post #1 of

Because our old thread was corrupted in the big crash, we're starting fresh! This attatchment reflects all the information I have gathered on which states will permit/license your home kitchen for public cake preparation, and relevant contact information.

The chart is coded by color:

Green = YES, this state allows/permits/licenses home kitchens for cake/baking businesses
Orange = NO, this state will not allow you to have a food business in your home kitchen
Yellow = VARIES BY COUNTY, check with the county in which you reside
White = No information yet

For the purposes of this chart and thread, a "home kitchen" is your own home kitchen where you prepare food for yourself and your family, not a separate kitchen on your property.

Of course, this is not a legal document, and you should always check with your local Health Department or Agriculture Department before beginning any type of food business. thumbs_up.gif

To keep this thread from getting too large and unwieldy, please only add to it if you have a correction, or new information on a state. Please start a new thread to ask a specific question about a state's regulations, as that way it will be more likely to be seen by someone who can help. icon_smile.gif

You can follow all the latest news here: http://texascottagefoodlaw.com/Facts.aspx

436 replies
Hippiemama Posted 9 May 2008 , 1:11am
post #2 of

The information for Missouri is incorrect.

In Missouri it varies by county.

Some counties allow the primary home kitchen to be licensed, but many do not.

For instance, in my county the kitchen can be on your property, but has to have a separate entrance for just the kitchen.

BigTexinWV Posted 3 Jun 2008 , 11:01pm
post #3 of

Marion County in West Virginia is a no go.

The guy at HD did tell me to "just go for it!"

He said and I am quoteing him here "What's the worst that could happen?"

So I said "I don't know, what is the worst that could happen?"

He said "Well.....I would come out and tell you if you don't have a permit then you can't sell cakes."

Me "So I can't sell cakes?"

HD "Legally? No! Personally, I don't care! I am not going to come over to your house and check everything out. Espeically if you are only selling to a handful of people!"

So legally I cannot sell cakes, but the guy at HD really encourged me to "just go for it!" icon_confused.gif

You gotta love WV! These people are a hoot!

ribby0224 Posted 5 Jun 2008 , 7:24pm
post #4 of
Quote:
Originally Posted by Hippiemama

The information for Missouri is incorrect.

In Missouri it varies by county.

Some counties allow the primary home kitchen to be licensed, but many do not.

For instance, in my county the kitchen can be on your property, but has to have a separate entrance for just the kitchen.




Hippiemama,

What county are you in and do you know if it is Ok in Clay county?

Hippiemama Posted 6 Jun 2008 , 1:25pm
post #5 of

I'm not sure about Clay county. I know Greene and Laclede rules well though, lol!

If you contact the nearest health department they will give you more information than you ever wanted to know.

poshcakedesigns Posted 7 Jun 2008 , 8:06am
post #6 of

Thanks -

Alabama info is correct, unfortunately. icon_cry.gif

-K8memphis Posted 9 Jun 2008 , 1:15am
post #7 of

Tennessee varies by county. Shelby County in West TN where Memphis is located does not allow cake bakeries except in commercially zoned areas. During the past year we have gone through the drama/trauma of having some of our cakers turned in for cake baking in their homes.

It is true that the state will certify home kitchens to do baking for farmer's market purposes. But not for cake bakeries like we are talking about in this thread because the Shelby County Health Department sent out cease and desist letters to four of my friends.

Tennessee varies by at least one county, mine unfortunately. sniff

ribby0224 Posted 9 Jun 2008 , 1:58pm
post #8 of

Thanks Hippiemama.

kelleym Posted 25 Oct 2008 , 12:25am
post #9 of

Updated document as of Oct. 2008.

Again, to keep this thread from becoming too gigantic, please limit posts to corrections or new information. icon_biggrin.gif Questions about specific states or counties should be posted in a new thread where you have the greatest chance of someone who can help you seeing it. icon_smile.gif

auntmamie Posted 12 Dec 2008 , 2:39am

Vermont does allow home bakeries icon_biggrin.gif . The tradename must be registered with the Sec of State, Kitchen must be inspected, Application filed, water tests completed, Vermont Business License & Tax ID Number Procured, and certificate of business insurance procured.

http://healthvermont.gov/enviro/food_lodge/Bakeries.aspx

http://healthvermont.gov/forms/documents/JULY_2008_APP.pdf

http://healthvermont.gov/enviro/food_lodge/documents/2008_Bakerystatue_fees.pdf

http://healthvermont.gov/enviro/food_lodge/food_lodge_guide.aspx#additional

cakesbykitty Posted 24 Dec 2008 , 2:25pm

Well, having just gone thru all of this myself i know that in the state of NEBRASKA you CANNOT bake from home. The kitchen has to be seperate from your home.

indydebi Posted 24 Dec 2008 , 2:31pm

This is in another Nebraska thread ( http://forum.cakecentral.com/cake-decorating-ftopic-quote-6133075.html ) . Maybe it differs from county to county??


Quote:
Originally Posted by indydebi

I was browsing the Business Forum Sticky on state laws re: bakeries and home businesses ... found this post on page 7. I didnt' read any further to see if there were any countering posts, so you might check out the thread: http://cakecentral.com/modules.php?name=Forums&file=viewtopic&t=32550&postdays=0&postorder=asc&&start=90

Quote:
Originally Posted by krzyzak

for nebraska.I made some calls today to find out information about getting a license. What I did find out is if you don't advertise and only do it 3 days or less a week you don't need one. If you do advertise you do need it. and one of the requrements is to have a seperate kitchen for a license if you live in lincoln or omaha there is a little more to getting the license. they did give me a website www.agr.ne.gov for a place to go to see the requirements in the dairies and food section. I hope this helps

stacey


onceuponacake Posted 6 Jan 2009 , 12:11am

Georgia should be yellow. In some counties you can operate a cake business from your house as long as you have a seperate kitchen. I have two friends who have them. Unfortunatley, I'm in a county that doesn't.

GrandmaG Posted 6 Jan 2009 , 12:27am

kakesbykitty is right. It's a no in Nebraska unless it's a separate kitchen. Doesn't matter how often you use it or advertise.

cakediva1982 Posted 11 Jan 2009 , 7:58pm

I can't open the list!!! Is it legal in California?

FromScratch Posted 17 Jan 2009 , 6:01am

No.. unfortunately it's not legal in California to bake for the public from your home kitchen.. and they are pretty strict about it too. icon_sad.gif

jy_bllrd Posted 17 Jan 2009 , 4:41pm

I am moving to Bismarck, North Dakota in a few weeks and have not found any info on baking cakes at home. Any one know that answer, I couldnt get Kellys info to open up for me.
Thank you.

FromScratch Posted 17 Jan 2009 , 10:42pm

According to the chart it is not legal in North Dakota to bake in your home kitchen for sale to the public. Sorry. icon_sad.gif

jy_bllrd Posted 17 Jan 2009 , 10:51pm

Thank you, I had a feeling it wasnt icon_cry.gif

Cakeonista Posted 22 Jan 2009 , 12:44am

hi im in NY..............does anyone know if i can bake from my home kitchen, i cant download the form for some reason icon_confused.gif
thanks mary

babeebk Posted 25 Jan 2009 , 9:13pm

does anyone have any info on the state of Connecticut?

vtcake Posted 27 Jan 2009 , 10:40pm

This is on the Vermont statutes: EXCEPTIONS. The provisions of this subchapter shall not apply to individuals manufacturing in and selling from their own private home kitchens, bread, cakes, pies or other food products made either wholly or in part from flour whose average gross retail sales of such products do not exceed $125.00 a week, nor to restaurants, inns or hotels subject to the provisions of subchapter 2 of this chapter, nor to church, fraternal or charitable food sales.

KateyK Posted 27 Jan 2009 , 11:35pm

I can't find the list. What about Mississippi? Is it legal to sell from your home?

FromScratch Posted 28 Jan 2009 , 9:16pm

We haven't figured it out for Connecticut yet as far as I can see.

New York varies by county so call your department of agriculture and see what they say.

Unfortunately Mississippi doesn't allow home kitchens at all.

SweetStina Posted 29 Jan 2009 , 3:05am

Does anyone know about Wisconsin & Indiana? I can't get the download to work.

FromScratch Posted 29 Jan 2009 , 3:13am

Both Indy and Wisconsin do not allow home kitchens... sorry the news isn't better.

I never have a problem getting it to open like most people seem to. Just click where it says Download on the right and click open and it pops up every time. Not that I mind looking it up though. icon_smile.gif

chrissy77 Posted 29 Jan 2009 , 6:11pm

Does anyone know the laws in Canada?????

Melody25 Posted 29 Jan 2009 , 6:32pm

I can't get it to open either. No matter what program I tried to open it in. What does it say for Illinois?

Juds2323 Posted 29 Jan 2009 , 6:36pm

Illinois is a no.

shelly-101 Posted 29 Jan 2009 , 6:52pm

I cant seem to get it to open. How about wyoming?

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