Not That Complicated For Me To Become Legal After All

Business By keljo05 Updated 14 Apr 2009 , 12:10pm by pieceacake830

keljo05 Posted 13 Apr 2009 , 5:40pm
post #1 of 20

I live in NY and would much prefer to be legal then taking chances. I FINALLY called the county department (environmental services.. not health dept ) and spoke to them about what I need to do to be legal to sell cakes. The gentleman confirmed what I'd already known, that a home kitchen is illegal in NYS, but what I was wanting to do (rent commercial kitchen space) was fine. Get the space, fill out a permit for $150.00 per year and I'm good to go.

The thought of finding commercial space was a bit daunting. I've seen many a post about people like me wanting to rent by the hour needed and not the month. I forget what topic and who said it, but it was one of our owns-their-own-store bakers who pointed out that they pay by the month no matter what. Yup.. that made perfect sense. Why should it be any different for me if I want to work for myself and not work for someone. Then I realized I DO have another option. There actually IS a commercial kitchen that is rentable by the hour in a town about an hour away from me. The site is open 24/7 and it's perfect. Sure I'd like the location to be closer, but I also figure its a good way to learn to speed up by decorating. If it comes to a time that I'm making so many cakes that a monthly fee is more economically sound, then I'll look for another option.

so once my husband decides to stop getting in my way (he wants ME to always have another job and bring in more money.. but apparently I can't spend money I need to do it.. as you can imagine that's a whole different story that I'll spare you from reading) then I'll apply for the permit and can make and sell my cakes legally...and the cost of doing so is less then $500 - including creating the business name, the permit and CakeBoss software I want. At the very least it will cost me $150.00 for the permit.

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19 replies
cylstrial Posted 13 Apr 2009 , 8:55pm
post #2 of 20

Good for you! Husbands can be a real pain, eh?

Atomikjen Posted 13 Apr 2009 , 9:16pm
post #3 of 20

where in NY are you?

where's the kitchen? I'm in eastern long island... still in school and will be looking to do business in the near future. =D

good luck to you! ALL THE BEST!!! icon_biggrin.gifthumbs_up.gif

Deb_ Posted 13 Apr 2009 , 9:18pm
post #4 of 20

I could have sworn that I've read other posts by NY CC members that bake legally out of their home kitchens. Does it vary by County perhaps?

Juds2323 Posted 13 Apr 2009 , 9:23pm
post #5 of 20

Don't forget to get your liability insurance too. Also, you may want to ask if you need to be servesafe certified (or other type of food handling certification)as well.

HTH

Judi

mcook1670 Posted 13 Apr 2009 , 9:42pm
post #6 of 20

why is there so much male bashing on this website? Women..wives cane be just a big of pain in the ass too.

keljo05 Posted 13 Apr 2009 , 9:57pm
post #7 of 20

mcook.. anytime you want to know what was behind my comment I'll fill you in. the comment was vague but very justified. If you think I'm exaggerating I'd be happy to get a mans opinion.

It varies by county I think. I'm in Orange County about 1.5 hours north of NYC.
I thought about the insurance on my way home from my reg. job. I'll start calling around for that. Any recomendations for nationwide companies that anyone uses? I'll also call back about the certifications to make sure.

Scibaker Posted 13 Apr 2009 , 10:19pm
post #8 of 20

keljo05- If you don't mind my asking, how much does it cost per hour to rent? How much are you going to charge for your cakes? I have been considering doing the same thing, however, I think that I would have to charge a lot of money for the cakes in order just to recoup driving and rental costs. Then you add on cost of materials and time. How are you going to do it?

foxymomma521 Posted 13 Apr 2009 , 10:22pm
post #9 of 20
Quote:
Originally Posted by dkelly

I could have sworn that I've read other posts by NY CC members that bake legally out of their home kitchens. Does it vary by County perhaps?




It does vary by county... It's legal here in Erie County...

Deb_ Posted 13 Apr 2009 , 10:28pm
post #10 of 20
Quote:
Originally Posted by foxymomma521

Quote:
Originally Posted by dkelly

I could have sworn that I've read other posts by NY CC members that bake legally out of their home kitchens. Does it vary by County perhaps?



It does vary by county... It's legal here in Erie County...




Oh OK thanks, I thought I had read that somewhere.

cuteums Posted 13 Apr 2009 , 10:29pm
post #11 of 20

Yeah, it's county by county and Suffolk county sucks. If we lived in certain counties upstate, we'd be allowed to bake out of our kitchen. It's not fair.

JessDesserts Posted 13 Apr 2009 , 10:34pm
post #12 of 20

where in Suffolk?

starra328 Posted 13 Apr 2009 , 10:45pm
post #13 of 20

Does anybody know about Schenectady county ?

scrabblemomof1 Posted 13 Apr 2009 , 10:53pm
post #14 of 20
Quote:
Originally Posted by cuteums

Yeah, it's county by county and Suffolk county sucks. If we lived in certain counties upstate, we'd be allowed to bake out of our kitchen. It's not fair.




What county upstate allows home bakeries? Maybe i'm near the border of one of them and might consider moving. I thought home bakeries weren't permitted in all of NY state? I guess I have to do my own research for my own county. Finding commercial space to rent in Westchester County is harder than I thought. But I will keep looking.

Cakeonista Posted 13 Apr 2009 , 11:01pm
post #15 of 20

I'm in Nassau Cunty, wonder if it the same as Suffolk? Would like to find out.

lori75 Posted 14 Apr 2009 , 3:13am
post #16 of 20

I am also in Suffolk County - does anyone know the specific laws?

keljo05 Posted 14 Apr 2009 , 11:21am
post #17 of 20

i kept putting off calling because I thought I'd sound stupid asking what I needed or that it would be a long phone call or who knows.. i tend to get in my own way more then not.

In the end the entire call.. from being flipped thru 3 daprtments to the right person, took all of 5 minutes. I'd just call your county gov. office and speak to them. I started with the health dept and they transferred me to the right person and dept. Really easy phone call inthe end.

cutthecake Posted 14 Apr 2009 , 11:44am
post #18 of 20

scrabblemom,
Westchester County, NY, does not allow the sale of baked goods from home kitchens. If someone wants to make chocolate candy items, the rules are just as strict. The nice man at the County offices also explained that you cannot even legally sell a scarf you knitted at home, as it is considered manufacturing, and you cannot do that from a residential building. Sullivan County, NY, does allow it, and I think an inspection of the kitchen was the main requirement. Things are more relaxed in Sullivan, I learned when I inquired.
An option to consider: A friend rented the commercial kitchen from a caterer. The kitchen was available before 10AM most days, and the caterer was willing to let the baker use it in the mornings before the caterer started her day. I don't know the specifics of the arrangement, however.

cutthecake Posted 14 Apr 2009 , 11:50am
post #19 of 20

Suggestion: How about looking into renting the kitchen from a restaurant that opens in the afternoon? Some restaurants do not serve breakfast and/or lunch...maybe the owners would be interested in kitchen rental as another source of income. It can't hurt to ask, especially if you eat at the restaurant often, and know the owner.

pieceacake830 Posted 14 Apr 2009 , 12:10pm
post #20 of 20

Our "Dutchess County Cake Decorators Meetup" group just met with the Health Department. Here, it CAN BE legal, however they want a completely separate kitchen in the home, just for making cakes. It can be in the basement, for example.

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