Am I Allowed To Do This?

Business By bchristianson17 Updated 22 Oct 2008 , 1:02pm by FromScratch

bchristianson17 Posted 21 Oct 2008 , 4:20pm
post #1 of 12

Hello! I hAve read the thread on what stAtes license home bakeries and sO on and so fOrth. The state that I live in dOes not, but I was wondering abOut different circumstanCes. Let's say that I wanted tO have a cupCake (. . not sure if i want tO do do cake, cupcakes are mOre fun to me) bakeRy someday. I realize thAt I would have tO have commerCial grade stuff & seperate it frOm the house i Live in, orr. . i cOuld move to a diffeRent state. haha. thats a nO. Is it allOwed to sell cupCakes to family/friends, mAde in your hOme kitchen, withOut advertising, and dOing it by word of mouth. . and nOt get in hot wateR?! . . If anyone knOws anything that cOuld help me out w/ this questiOn, please let me know. Thank you!! icon_rolleyes.gif

11 replies
leah_s Posted 21 Oct 2008 , 5:03pm
post #2 of 12

If you're selling food to the public you need to be licensed. And insured. And inspected. Type of food - cakes vs. cupcakes, doesn't matter.

MichelleM77 Posted 21 Oct 2008 , 5:51pm
post #3 of 12
Quote:
Originally Posted by bchristianson17

Is it allowed to sell cupcakes to family/friends, made in your home kitchen, without advertising, and doing it by word of mouth. . and not get in hot wateR?!




You said it yourself, your state does not allow home baking for sale. So the minute you take a dollar for your goods, you are breaking the law. It doesn't matter if it's friends and family. A sale is a sale.

I had a situation in previous employment. Nothing big, everyone was doing this particular "thing," but I was the one who got caught and got in trouble. Someone has to be the one who gets caught. thumbsdown.gif

chutzpah Posted 21 Oct 2008 , 5:55pm
post #4 of 12

Oh gOsh, pleAse fix yOur keYboArd!

darandon Posted 21 Oct 2008 , 5:55pm
post #5 of 12

Somehow someone always finds out and it would not be worth the risk to get caught selling illegally.

MichelleM77 Posted 21 Oct 2008 , 6:03pm
post #6 of 12
Quote:
Originally Posted by chutzpah

Oh gOsh, pleAse fix yOur keYboArd!




I had to go and fix the quote, was driving me nuts. I'm sure it was on accident. icon_smile.gif

bchristianson17 Posted 21 Oct 2008 , 11:19pm
post #7 of 12

so then I won't be able to bake & sell until I can afford a commercial kitchen seperate from my house? that probably won't be for at least ten years, that's a bummer.

FromScratch Posted 21 Oct 2008 , 11:45pm
post #8 of 12

Could you rent some commercial space? Maybe there's a function hall or a church with a licensed kitchen that could rent their kitchen to you for a fee? There are ways if you get creative that will allow you to bake for profit and not break the law. Good luck! icon_smile.gif

darandon Posted 22 Oct 2008 , 2:09am
post #9 of 12
Quote:
Originally Posted by bchristianson17

so then I won't be able to bake & sell until I can afford a commercial kitchen seperate from my house? that probably won't be for at least ten years, that's a bummer.




it depends on what state you live in. Some have regulations that require separate areas, some have "cottage laws". Best thing to do is to check with your local health dept or dept of agriculture. You might be in a state with easy regulations.

FromScratch Posted 22 Oct 2008 , 2:17am
post #10 of 12

She stated in her original post that she lives in a state that doesn't license home bakeries so I doubt that calling the HD would change anything.. icon_sad.gif

CoutureCake Posted 22 Oct 2008 , 5:23am
post #11 of 12

The thing is... how do you KNOW it is going to take you 10 years??? If you start purchasing used equipment SMART, it will take about 3-4 tops and you'll own everything for pennies on the dollar.

There are a lot of liability issues to consider if you start selling out of your home. What if someone gets sick because they didn't follow your refrigeration recommendations on something perishable? Are you willing to lose everything you own? With being legal you cover your buns on a lot of that because of how you structure your business. Also, if you get caught you can be in deep trouble when it does come time to become legal. It's cover thy buns and some things are just not worth it, this is one of those times...

FromScratch Posted 22 Oct 2008 , 1:02pm
post #12 of 12

CoutureCake is right.. if you can start saving now and start buying things from restaurant consignments or auctions you will save a TON of money. You don't NEED a brand new double Blogdett to run a bakery (I mean who wouldn't WANT one right??.. but you know what I mean). Keep an eye on craig's list and e-bay too. There are ways to do this if you REALLY want it.. but I am firm believer that doing it under the radar just isn't worth the risk. Being legal and having the ability to carry insurance is such a HUGE weight lifted.

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