NEW: States that License Home Kitchens

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

homebasedbaking Posted 12 Jul 2009 , 4:16pm
post #91 of 437

The rule of thumb is no pets are allowed under any state "cottage law" in the U.S. You cannot have pets inside your home. If you are giving products away as gifts you are not in business, the issue arises when you charge for your products. When there is an exchange of cash...you are transacting business and you are operating illegally, unless you are complying with your states "cottage law" rules and regs. I would recommend to anyone who wants to operate within the law to follow up with their state compliance agency...there's nothing like sleeping good at night.

Tweets350 Posted 12 Jul 2009 , 8:02pm
post #92 of 437

Ugh, we're not about to get rid of our puppins. Two of the dogs are the in-laws, and the other is my husband's and mine. He is our child, as we're not able to have any right now. SO!!! Now I have to figure out how much it will cost to rent space in a commercial kitchen, and if I can afford that, run a business, and quit my daytime job icon_sad.gif

homebasedbaking Posted 12 Jul 2009 , 8:14pm
post #93 of 437
Quote:
Originally Posted by Tweets350

Ugh, we're not about to get rid of our puppins. Two of the dogs are the in-laws, and the other is my husband's and mine. He is our child, as we're not able to have any right now. SO!!! Now I have to figure out how much it will cost to rent space in a commercial kitchen, and if I can afford that, run a business, and quit my daytime job icon_sad.gif


Hello Tweets350,

There is a commercial kitchen in Portland http://www.bourgeoiszvintage.com/kitchen.html that has a commercial kitchen for rent. That's the only one that is licensed in my database. Hope this helps

11121 SE Division St.
Portland, Oregon
503.473.8013

Tweets350 Posted 12 Jul 2009 , 9:51pm
post #94 of 437
Quote:
Originally Posted by cookingwithdenay

Quote:
Originally Posted by Tweets350

Ugh, we're not about to get rid of our puppins. Two of the dogs are the in-laws, and the other is my husband's and mine. He is our child, as we're not able to have any right now. SO!!! Now I have to figure out how much it will cost to rent space in a commercial kitchen, and if I can afford that, run a business, and quit my daytime job icon_sad.gif

Hello Tweets350,

There is a commercial kitchen in Portland http://www.bourgeoiszvintage.com/kitchen.html that has a commercial kitchen for rent. That's the only one that is licensed in my database. Hope this helps

11121 SE Division St.
Portland, Oregon
503.473.8013




Thank you for the info, but Portland is unfortunately an hour and a half away from me here in The Dalles icon_cry.gif

homebasedbaking Posted 12 Jul 2009 , 9:58pm
post #95 of 437

Awesome...key me posted and I will look and listen out and as I update my database if something comes available I will post it here. Good luck to you and happy baking.

crumbycakes Posted 14 Jul 2009 , 3:50pm
post #96 of 437

Indiana just passed a new law excluding Home Based Vendors form the food establishment laws. No separate kitchen is required as long as you follow the state's guidelines. Go to in.gov. and click on the health department link. From there click food protection and a new menu will appear. Then click Farmer's market/Value Added Foods/Home Based Vendors and the information will come up in a separate window. It does not list if you have to apply sales tax, so if you find that answer out, please share it! Thanks.

homebasedbaking Posted 14 Jul 2009 , 4:27pm
post #97 of 437
Quote:
Originally Posted by crumbycakes

Indiana just passed a new law excluding Home Based Vendors form the food establishment laws. No separate kitchen is required as long as you follow the state's guidelines. Go to in.gov. and click on the health department link. From there click food protection and a new menu will appear. Then click Farmer's market/Value Added Foods/Home Based Vendors and the information will come up in a separate window. It does not list if you have to apply sales tax, so if you find that answer out, please share it! Thanks.


You are absolutely correct. There are now 16 states that have cottage laws.
http://cookingwithdenay.com/state-compliance-information-who-can-bake-from-home/

kelleym Posted 14 Jul 2009 , 5:06pm
post #98 of 437

According to everything I've read, and my own personal interpretatations, the laws in:

Indiana
Alabama
Wyomina

Apply only to farmer's markets. I am not sure why home-baked food is safe at a farmer's market but not a wedding reception, but that's the way I read these new laws.

playingwithsugar Posted 14 Jul 2009 , 5:30pm
post #99 of 437

Thanks for taking the time to put this together for us, kellym. There are so many members here who will find it quite useful.

I have a correction, though. Pennsylvania actually goes by the municipality, not the county. If the municipality does not have it's own health department or regulations regarding cottage law, then the state steps in.

PA does allow for cottage law rules, but they are most easily applied in suburban and rural areas. For instance, in Philadelphia, Allentown, and Pittsburgh, those cities do not allow for home kitchens to be used for commercial purposes. But right outside of them, businesses are popping up all over. We have a few members here who are working out of their home kitchens, right outside these cities. If zoned high-density residential, like my home is, you can't even build a separate kitchen on your property to bake from. And where I live, at least one person in the employ of the business has to be ServSafe certified. Many smaller municipalities do not require this.

Every town around me allows for cottage law rules, with some exceptions. For instance, some municipalities will allow you to run your business from your home kitchen, others will still require you to build a separate kitchen on your property. And wouldn't you know it, we just couldn't get the mortgage to buy the 5-bedroom property we looked at, where they would have allowed me to build another kitchen on the second floor for home purposes, then use the first floor to run my business.

Theresa icon_smile.gif

crumbycakes Posted 14 Jul 2009 , 8:40pm
post #100 of 437

After reading kelleym's post about farmstands, I reread the IN law. It seems that one could sell from their driveway. Also, I noticed that people can consume their own food at a private event at a public or private event. Could the decorator be invited to the wedding or other function and avoid the delivery rule? Anyone have other thoughts?

cheekymonkey06 Posted 16 Jul 2009 , 4:28pm
post #101 of 437
Quote:
Originally Posted by sallene

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?




I had the same problem when I tried to contact them. I'm in Jackson County, where are you? I need to get back on the ball and see if I can figure this out. Have you made any headway since your last post?

cheekymonkey06 Posted 16 Jul 2009 , 4:30pm
post #102 of 437
Quote:
Originally Posted by sallene

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?




I had the same problem when I tried to contact them. I'm in Jackson County, where are you? I need to get back on the ball and see if I can figure this out. Have you made any headway since your last post?

littlejewel Posted 18 Jul 2009 , 1:48pm
post #103 of 437

I'm in illinois I just remembered that my wilton instructor had a room added to her home to setup a commerical kitchen, she is legal. However, I do have to enter the kitchen from a seperate door. I'm not sure if that messes up zoning. I also have a friend who parks her lunch wagon in her driveway. So I guess the correct question for me to the health department it how can I set up a commerical kitchen on my property. I hope this helps home bakers in illinois

kokopuff Posted 18 Jul 2009 , 2:06pm
post #104 of 437

cookingwithdenay it won't alow me to look at the cottage laws for ky.it says it is encrypted and i am not allowed to view it.

Brenda0217 Posted 24 Jul 2009 , 3:33pm
post #105 of 437

Playingwith sugar, I live in PA, in a place called Rehrersburg, near Myerstown, about 2 hours from Philly. I am in the Berks County area. Our town is very very small. And almost an hour to Reading. So would I need a license to sell from my kitchen then? This is all so confusing, being a newbie and all. Any info. would be a great help from anyone. Thanks.

Creative_chika Posted 24 Jul 2009 , 11:02pm
post #106 of 437

I cant open the list icon_sad.gif

kelleym Posted 24 Jul 2009 , 11:37pm
post #107 of 437

I have an updated list in PDF format but I'm getting an error when I try to attach them. Will try again soon.

TracyLH Posted 30 Jul 2009 , 11:33am
post #108 of 437

Thanks, Kelley! With a move coming up, this is very sincerely appreciated! icon_biggrin.gif

Panchis Posted 4 Aug 2009 , 2:36pm
post #109 of 437

How about NC?

Raenie Posted 4 Aug 2009 , 8:41pm
post #110 of 437

Does anyone know about laws in Canada?

Where would I find out? I'm really new to this.

Thanks.

Frecklysmom Posted 6 Aug 2009 , 4:41pm
post #111 of 437

The state of Wyoming passed a cottage food law effective July 1, 2009.

michellewells Posted 6 Aug 2009 , 7:36pm
post #112 of 437

Does this list also apply for an Internet Baking business? I am from IL and right now I can't open a shop, but I was looking to maybe do something online out of my home. However, IL does not allow a home baking business. But I was just was wondering if that applies to only selling online. I would appreciate anyone that could help with that.

Thanks...

Michelle

dsalazar Posted 14 Aug 2009 , 2:05am
post #113 of 437

I am new and trying to find information for IL. I don't even know where to begin -- can anyone help. I'm specifically looking for what type of food license is needed. From the post above, it doesn't look too promising.

sweetjane3 Posted 19 Aug 2009 , 8:21pm
post #114 of 437

I live in Wi and I was wondreing if any one knows what the fine would be if you were to get caught selling without a license? I love baking cakes and I get so many requests. We only have one bakery in my town with a population of 59,000. (Not to mention the smaller cities that surround it) I'm getting tired of turning people away. The whole thing does not make any sense to me. Does anyone else live in Wi? What are the rules? It's not like I'm out to make a fortune, I just want to make a few cakes now and then.

layersofcakes Posted 20 Aug 2009 , 9:52pm
post #115 of 437

FYI to Missouri interested parties.... I called the health dept today and was told a home based cake decorating business would require me to have a separate room or building on the property with a separate entrance from the main house and would of course need to pass inspection by the health dept. I'm not sure what I will do at this point. icon_sad.gif

sweetjane3 Posted 20 Aug 2009 , 10:20pm
post #116 of 437

Oh! I'm sorry to hear about your bad news Layerofcakes. I think I have the same problem here in Wi. It just doesn't make sense. There has to be away around it.

Caike Posted 26 Aug 2009 , 11:24pm
post #117 of 437

I have seen a few posts throughout this entire thread requesting information on Canada, and I haven't seen any response. Does anyone know as of yet what the requirements are or stipulations? I'd be interested in Ontario information specifically since that's where I reside at this point in time.

If no one knows then maybe I'll go on the hunt to find this information out. I wouldn't say I'm ready to go into business tomorrow but having the information handy would be great either way.

Caike Posted 26 Aug 2009 , 11:31pm
post #118 of 437

Ok in just doing some brief research on this topic (sheer curiosity), I found this link here:

http://www.tasteto.com/2009/02/02/starting-a-baking-business-its-not-a-cakewalk/

Might be helpful for those looking for Ontario advice. Living in Ottawa I'll need to give a call around to find out what the specifics are. thumbs_up.gif

onlymadaresane Posted 10 Sep 2009 , 3:57pm
post #119 of 437

layersofcakes

Well crap. I'm in the process of seeing how my neighbor does it. She' doesn't have separate entrance etc...I don't think I'm at that taking it to big business level but I wanna know if it can be done...eventually.

princesscatt Posted 15 Sep 2009 , 4:41pm
post #120 of 437

Can someone tell me about new jersey....I don't have excel and can't open the file...thanks

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