Two "legal" Questions - California

Business By stacylambert Updated 15 May 2008 , 12:47pm by mcelromi1

stacylambert Posted 15 May 2008 , 2:28am
post #1 of 7

First, if I were to make a cake for someone and they only paid for the ingredients is this still illegal? I've been told both yes and no. The story was they put out an ad saying they would barter for a wedding cake but I don't need what they offered (housing appraisal) but I would like the experience of doing a wedding cake.

Secondly, I'm looking into getting licensed (just contacted my city today) and was wondering how much you have to do in a commercial kitchen? Is it just the baking or the entire process?

TIA

6 replies
JoAnnB Posted 15 May 2008 , 6:14am
post #2 of 7

Even Barter is considered a 'sale'. The rule is intended to prevent food baked in unlicensed kitchen from being sold to the public.

All the goods have to be prepared, baked and finished in the commercial kitchen.

rmelendrez Posted 15 May 2008 , 6:51am
post #3 of 7

No...not legal. California State Health Dept will not license a home/resident for any food prep for sale which applies to baking, catering, chefs etc. etc.

It's not worth the fines!!! An alternative is to rent/lease a kitchen that is already licensed by the State, such as a church, Temple, catering facility... I've read many threads on this site regarding renting a licensed kitchen.

Keep us posted on the outcome and good luck!

SweetConfectionsChef Posted 15 May 2008 , 12:21pm
post #4 of 7
Quote:
Originally Posted by stacylambert

First, if I were to make a cake for someone and they only paid for the ingredients is this still illegal? I've been told both yes and no. The story was they put out an ad saying they would barter for a wedding cake but I don't need what they offered (housing appraisal) but I would like the experience of doing a wedding cake.

Secondly, I'm looking into getting licensed (just contacted my city today) and was wondering how much you have to do in a commercial kitchen? Is it just the baking or the entire process?

TIA




If you just contacted your city, why didn't you ask them your questions? They are the ones best suited to answer them. icon_confused.gif

mcelromi1 Posted 15 May 2008 , 12:35pm
post #5 of 7

If you just want the experience, do it as a 'favor'.
There's nothing illegal about that.

foxymomma521 Posted 15 May 2008 , 12:39pm
post #6 of 7
Quote:
Originally Posted by mcelromi1

If you just want the experience, do it as a 'favor'.
There's nothing illegal about that.



Yes, it would still be illegal, even if the people only pay for ingredients. She would have to pay for everything and bake and decorate for absolutely NO money for it to be legal.

mcelromi1 Posted 15 May 2008 , 12:47pm
post #7 of 7
Quote:
Originally Posted by foxymomma521

Quote:
Originally Posted by mcelromi1

If you just want the experience, do it as a 'favor'.
There's nothing illegal about that.


Yes, it would still be illegal, even if the people only pay for ingredients. She would have to pay for everything and bake and decorate for absolutely NO money for it to be legal.




That's what I meant by 'favor'.
For the experience and to have something to put in her portfolio.
As long as they don't want anything extravagant. The expierience can be invaluable.

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