Bending The Rules?

Business By rharris524 Updated 1 Jun 2009 , 2:43am by kelleym

rharris524 Posted 30 May 2009 , 2:27am
post #1 of 16

Ok, maybe this is dumb...please feel free to point out holes in my logic or other issues that I may be overlooking...I'm sure that I'm not the first to have this thought

So, in Florida, I can't bake for profit out of my home but there is nothing to stop me from giving things that I bake/decorate away, right? So, can I sell something non edible...like a cake plate or cake box or something... at an exorbitant price and throw the cake in for free?

15 replies
TexasSugar Posted 30 May 2009 , 3:12am
post #2 of 16

Do you think if you were standing in front of a judge facing a fine for baking out of your kitchen they will say "oh okay so the cake plate was $50 and the cake on it was free, well in that case..."

It's great in theory but in the end no matter how you play it off you are still exchanging baked goods for profit.

kandu001 Posted 30 May 2009 , 11:10pm
post #3 of 16

That is hysterical!! I live in Florida too, so let me know if you're going to make that one work and maybe I'll try that logic too! I love it!

varika Posted 30 May 2009 , 11:26pm
post #4 of 16
Quote:
Originally Posted by rharris524

Ok, maybe this is dumb...please feel free to point out holes in my logic or other issues that I may be overlooking...I'm sure that I'm not the first to have this thought

So, in Florida, I can't bake for profit out of my home but there is nothing to stop me from giving things that I bake/decorate away, right? So, can I sell something non edible...like a cake plate or cake box or something... at an exorbitant price and throw the cake in for free?




The laws are there for a reason. Licensed kitchens have to follow certain rules of cleanliness and so forth, and a business that is properly licensed, incorporated, insured, etc. protects the private assets of the people who work there.

If you "bend" the laws this way, and someone decides they want money, all they have to do is put a dead bug in the cake and take it in front of the court, and you can lose everything you own, because you were "bendng" the laws and did not protect yourself appropriately. No, the courts are not going to go, "Oh, the cake was free," they're either going to go, "You are price-gouging, which is fraud," or "You were opperating illegally" and you are going to lose out the wazoo. It's no different a dodge from a pimp who "rents a room" that just HAPPENS to have a scantily-clad woman of easy virtue in it, and the law doesn't believe that, either.

It's up to you if you want to take that risk. Personally, I'd be looking around for a kitchen I could rent, instead, but that's me and my common sense.

Swede-cakes Posted 30 May 2009 , 11:43pm
post #5 of 16

While I really do understand your desire to produce cakes, it sounds like what people do on Ebay. You bid on a wonderful, pristine white unused envelope, and their "gift" to you is a mystery amount gift card or something similar.

My two cents; if it's to get around the rules, then it's probably not something you want to get caught doing. You could lose more than just the money you might have to refund someone.

cupcakesnbuttercream Posted 30 May 2009 , 11:57pm
post #6 of 16

A fellow baker I know told me that you're not allowed to actually "sell" cakes out of military housing so she tells the customer to give her a donation of "x" amount

TexasSugar Posted 31 May 2009 , 3:01am
post #7 of 16
Quote:
Originally Posted by cupcakesnbuttercream

A fellow baker I know told me that you're not allowed to actually "sell" cakes out of military housing so she tells the customer to give her a donation of "x" amount




A donation is still an exchange of goods for money.

djs328 Posted 31 May 2009 , 3:13am
post #8 of 16

Not to digress too much...maybe should start another thread...but...renting space: does anyone know how this works with licensing & the HD? Do they inspect your home, too to make sure you're not doing anything there? Or do they just inspect the kitchen? Do you have to prove you are using the rented space? Considering this as an option when the kids are older...thought just crossed my mind as I was reading this thread...
Also - have heard of people charging for 'delivery' or 'gas' for a free cake...

janelwaters Posted 31 May 2009 , 3:24am
post #9 of 16

That is so funny!! When I first started and was complaining to a friend that I couldn't sell my cakes she said "so give a cake and charge $300 for a balloon!" Of course I didn't do it, but I laughed until I cried!!

Instead of doing all that, please click on the links in my signature, we are working on changing the laws in Florida to allow baked goods from a residential kitchen for sale! Please help us in our efforts by writing to your representative and having your friends and family send out as many as you can!

rharris524 Posted 31 May 2009 , 6:44pm
post #10 of 16

****I'm making this a new post****

I've looked into renting commercial kitchen space and thus far have not been able to find anything within a reasonable distance. Also, I'd basically have to work for free to be able to afford to rent the kitchen...

I'm sending off a few letters and ask family and friends to do the same. Anyone have a time frame?

Those of you who bake anyhow, do you just do so for friends and family? Do you say screw it and hope for the best? Do you just not do it at all?

And lastly...does anyone know anything about zoning laws? I have utility room that does not open into living quarters that has plumbing and electrical. Can I clean it out and get an oven and sink, etc, in there and I'm good to go? Or is that also an issue since I live in a residential area?

TexasSugar Posted 31 May 2009 , 10:04pm
post #11 of 16

I bake for family and friends. I don't do a whole lot of cakes though. I won't say it is the 'legal' thing to do, because it is still breaking the laws, but my family are not going to turn me in.

It is when you start baking for the public and advertising that you are really opening yourself up for trouble.

I don't see myself in time in the near future turning this into a big business for me, so I'm not jumping through the hoops just to do a cake a month for my family.

Check with your county about the zoning laws and so forth. Each state and county are different. Start with the health department, or the Dept of Ag.

rharris524 Posted 1 Jun 2009 , 1:55am
post #12 of 16

[quote="varika"]

Quote:
Originally Posted by rharris524


If you "bend" the laws this way, and someone decides they want money, all they have to do is put a dead bug in the cake and take it in front of the court, and you can lose everything you own, because you were "bendng" the laws and did not protect yourself appropriately. No, the courts are not going to go, "Oh, the cake was free," they're either going to go, "You are price-gouging, which is fraud," or "You were opperating illegally" and you are going to lose out the wazoo. It's no different a dodge from a pimp who "rents a room" that just HAPPENS to have a scantily-clad woman of easy virtue in it, and the law doesn't believe that, either.




Not that I'm actually planning to follow through with this (although, it is tempting)...Florida law, as I understand it, only considers it 'price-gouging' if it is an essential good or service during declared national disasters. So, at least that small bit shouldn't be an issue...I have a friend who is a lawyer, I may annoy her with some questions.

maryjsgirl Posted 1 Jun 2009 , 2:00am
post #13 of 16

How would you advertise this? icon_lol.gif

blondeez Posted 1 Jun 2009 , 2:20am
post #14 of 16

I will give you an E for effort on the logic of bending the rules. I would do it legally though. Then you dont have to worry about getting caught

stefkovic Posted 1 Jun 2009 , 2:41am
post #15 of 16

When I was in the Wilton courses our instructor told use that we can not sell any cakes that we made using the copyrighted pans-such as walt disney, etc. Anyway she told use the same thing-to get around it-sell the cake board and give the cake for free.

kelleym Posted 1 Jun 2009 , 2:43am
post #16 of 16

Yeah, I'm sure Disney's copyright lawyers would totally fall for that.

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