Lately it seems like everybody and their mother has decided they can make money selling cakes. On my local craigslist almost every day there is a new person trying to sell cakes. Some are good; some not so good. Lots of the time I will email just to be friendly. My state doesn't allow home bakeries. Out of the DOZEN or so people I have emailed not 1! has bothered to know this! A couple replied with their creditintials as a Wilton certified instructor. I am sorry that is not the same! I am not the sort to turn these people in but it is beginning to bug me. I work hard on my skills but can not afford a kitchen so I only bake for friends. I don't agree with the law of the land but I abide by it. Then on top of it they don't charge well. There selling point is almost always " a designer, custom cake at a Walmart price" I guess I can just let them put themselves out of busines because you can't make a cake for the Walmart price around here!
guilty as charged 
I need the money to help take care of my family. If I have to make cakes out of my home to be able to feed my children at least Im not selling my body. I'm not hurting anyone and I charge way more than walmart. You shouldnt judge people. Maybe you dont need the money to make it but some people wont be able to pay the rent if they don't and unfortuntely the government doesnt really help you out if you are married. So I do what I need to do. Sorry that if effects others but you try telling my children they cant have diapers or have to be in daycare for 10 hours a day bc mommy has to work and cant find work bc the economy is crap right now. Sorry for ranting.
i think that you should also not judge.. i live in a state that also requires a legal kitchen...
i live in an agricultural zoned area... and can but others are not as lucky... i think that you should let everyone deal with themselves...
Not to sound all doom and gloom, but you could potentially do more harm than good if you are selling cakes under the radar. Take away all of the "the man" might find out and you are undercutting others and you are stuck with the fact that you are selling edibles to the general public and *if* someone were to get sick.. they wouldn't think twice about your kid's need for diapers as they sue you and win.
Believe me I understand what it's like to not be able to make ends meet.. and even if you do have state aid.. it doesn't help much. I was on it for a while when I left my husband.. even with 2 kids they gave me practically nothing, and try to work to help and they take it all away.
I am not trying to tell you what to do or pass judgement.. just something to think about. I hope that things start looking up for you and your family soon. It sucks to struggle. ((hugs))
And to the OP.. please know that you can come here and vent anytime. I understand what you are saying and it drives me nuts too. I wouldn't turn someone in either, but I can certainly come here and bitch about it.. which is all you were doing. The thing that gets me is that in NH it is beyond easy to get licensed.. it's a water test and a $25 licensing fee (if you make under 5K per year) and a joke of an inspection. You can even have animals in your home. So I just dont' see why someone wouldn't just do it, especially here. And there are ways to do it legally if your state doesn't allow residential kitchens.. find a church and explain to them your situation.. see if you can barter for use of their kitchen.. I am more speaking on the side that I fear for the people who are operating w/o insurance. I hate to see someone get burned.
I am sorry if you felt I was passing judgement; I am not. My point is just that a lot of people seem to think (my opinion) they can make money with little investment. It's "trendy" if you will to be a "cake decorator" I wish any one the best of luck. Like I said I wouldn't turn someone in but people need to do things the "right" way (again my opinion) As I said, I feel the laws regarding such are a bit strict in my neck of the woods, but those laws are there for a reason. I certainly understand about needing that extra $100 for diapers but I am not going to risk our future to obtain those diapers. Maybe in other places the odds and consaquences aren't as great as here; maybe I am just not much of a gambler. I wish everyone the best of luck in their life choices I would just urge you to consider ALL the possible consaquences to your choices.
I didn't seem to sense any judgement being passed by the OP, just annoyance. I understand your pain, as the most expensive in my area, with a fully legal bakery- I am undercut by everyone. I also wouldn't turn people in, but do get annoyed by it, and like jkalman said- please feel free to vent if you need to.
w/out all these cake baking moms alot of people wouldnt get cakes w/ Pikachu or Littlest pet shop or care bears etc. None of the bakeries where I live will make cakes w/ copyrighted characters so they are useless to me.
If those cake baking moms are selling copyrighted character cakes then they are doing so illegally. Those character pans are to be only used for home use not to make and sell.
I see a lot of people advertising on craigslist too. I just figure they're doing what they need to do...no big deal.
I don't do it, even though every time someone sees one of my cakes somewhere they ask for my number and start telling me when their family birthdays are. I tell them it's not legal for me to sell cakes because I don't have a licensed kitchen, and they say they don't care, that they won't tell anyone...and they start telling me about all the people they've gotten cakes from and what they liked and what they didn't, and how they know people at church who could buy cakes too...
The reason I don't do it is simple...I have had the police at my door enough during the last year and can't stand the idea of that happening because of something that we actually did. I really am just scared to get in trouble. I will admit the extra money would be nice and it's tempting. I don't look down on the people who do it.
I've thought about selling cake decorations though...the fondant bows, or flowers. I think selling them as decorations only would be legal, the same as selling decorations for a tabletop.
I've been the single mom who had to move in with relatives because she didnt' have the money to pay rent and buy groceries ..... officially, that's considered "homeless" ...... so I really do understand the diapers/grocery thing.
I see a lot of people advertising on craigslist too. I just figure they're doing what they need to do...no big deal.
You can justify anything with "what they need to do" ..... I knew a guy who grew and sold marijuana "for extra money ... no big deal", but I'm sure no one on here is going to defend that. The person who breaks into your home and steals your TV .... he's just doing what he has to do, right? No big deal?
99.9% of us started out in our home and like many on here, I would not turn someone in "just because" ... I believe in Karma. But if you're going to start a discussion on the debate of legal or illegal, then there's really no discussion ... illegal is illegal.
And I don't quite understand the logic of "if it wasn't for the home baking moms, no one could get a copyrighted cake". 
Huh???? Character pan or hand drawn, it's still illegal. I'm confused on the sympathy play here of "they can't GET it otherwise!" Drug users can't buy marijuana in the walmart pharmacy, so that should make it ok to sell it out of my garage? It's all illegal ..... no matter how you want to try to justify it.
I also didn't see any judgment from the OP.
I completely understand both sides of this. I just do cakes for my family, and a few friends. They pay me for the ingredients used and sometimes my time. I won't do cakes for outsiders because I don't want the stress of everything being just so perfect, and getting the cakes delivered. Way too stressful for me. I'll stick to my daytime job being a paraprofessional to special needs pre-schoolers. They love my cupcakes and cookies...LOL..
Best of luck to both sides.
i am not just referring to the character pans. Im talking about having a drawing of a character or taking the pet shop figures and putting them on a cake. Bakeries by me wont do it.
There is a reason the legit bakeries won't do it...it is also quite illegal!
I agree with indydebi, illegal is illegal. I'm not sure about elsewhere, but in Florida if you have a legal cake business with no employees, you are still required to become a certified Food Safety Manager. That means being well versed in food safety law, practicing it everyday, and taking the exam to become certified. Operating illegally out of your home and not following specific food safety procedures lends itself to potential problems. Food borne illness costs businesses millions of dollars every year. More importantly, food borne illness make people sick. It's a major personal risk that shouldn't be taken lightly. I'm not trying to preach here, but if you're going to bake under the radar, at least get a copy of the food safety study guide and practice food safety according to the law like legal businesses must do everyday. It's for your own protection and your clients.
Some people may need the extra money to purchase diapers, etc., but I have bills to pay and children to support in this economy as well. On top of that, I have business rent to pay every month along with business utilities, and all the other expenses that come with operating a business. My chilren too will suffer if I can't pay my personal and business expenses. Just because someone is legal doesn't mean they don't have similar struggles. In today's economy, all small businesses are in jeopardy. I stress everyday about how the economy is going to affect my cake business. Please keep in mind, those that are legal stand to lose a heck of a lot if the economy continues to take a turn for the worst, even those that have been well established for years.
I agree with indydebi, illegal is illegal. I'm not sure about elsewhere, but in Florida if you have a legal cake business with no employees, you are still required to become a certified Food Safety Manager. That means being well versed in food safety law, practicing it everyday, and taking the exam to become certified. Operating illegally out of your home and not following specific food safety procedures lends itself to potential problems. Food borne illness costs businesses millions of dollars every year. More importantly, food borne illness make people sick. It's a major personal risk that shouldn't be taken lightly. I'm not trying to preach here, but if you're going to bake under the radar, at least get a copy of the food safety study guide and practice food safety according to the law like legal businesses must do everyday. It's for your own protection and your clients.
Some people may need the extra money to purchase diapers, etc., but I have bills to pay and children to support in this economy as well. On top of that, I have business rent to pay every month along with business utilities, and all the other expenses that come with operating a business. My chilren too will suffer if I can't pay my personal and business expenses. Just because someone is legal doesn't mean they don't have similar struggles. In today's economy, all small businesses are in jeopardy. I stress everyday about how the economy is going to affect my cake business. Please keep in mind, those that are legal stand to lose a heck of a lot if the economy continues to take a turn for the worst, even those that have been well established for years.
Very true and a very good point of view to remind us. Thank you
I have to say I agree with jkalman. You (meaning all home bakers) have to consider the risk you are taking, if you weight the options and you still believe this is what is best for your family then that is your choice.
It is not likely that you will be sued but contracts, waivers, health codes, and insurance exist for a reason.
I sold a couple cakes (I literally mean only a couple, I think it was 3) out of my house before I finally got lisenced.
I was so nervous about it and I couldn't continue that way so I took the plunge and paid all that money to get lisenced and I tell you, it is a huge weight off my shoulders.
I don't think anyone is passing judgement and certainly we have all broken the law in one way or another.
This is a though issue when you bring in providing for your family, I just have to say this...
We are called to follow earthly laws unless they break God's laws, then we are called to a higher law that is not governed by man.
In this situation you are commanded by God to provide for your children, the question is... is there no way that this can be done without breaking the law? It is only rightous to beak an earthly law when you have to do so in order to follow God's laws.
I realize I do not subscribe to the popular opinion. So say what you will but the truth is the truth.
My knees hurt from laying tile. My back hurts from moving tables. My gas bill hurts from perfecting recipes. My wife's coworkers tummy's hurt from the bad recipes LOLOL. My everything hurts from jumping through the dam hoops of the AG.
You know what though. There is a face that is staring at me when I shave that says. Mike relax your doing it the right way. This way if something happens you won't get sued, and lose your house. The risk factor is to high for me.
Mike
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