mom2my3girlz Posted 17 Jul 2009 , 10:20pm
post #1 of

On Fox5 News today at 5:00 there is a lady in teaneck, NJ selling cakes from her home at 40.00. she has 100 orders to still do. She is selling to save her home from forclosure. Isn't it illegal to sell cakes from home?

160 replies
TC123 Posted 17 Jul 2009 , 10:29pm
post #2 of

I'm going back a few years, but I believe that with proper inspections and licensing you can. I do know that there cannot be ANY pets of any kind whatsoever in the home; otherwise you have to have a kitchen that is completely separate from the home (as in a separate building).

Maybe someone else can provide more up-to-date information. icon_smile.gif

mom2my3girlz Posted 17 Jul 2009 , 10:35pm
post #3 of

She is selling and baking in her kitchen. It is almost IMPOSSIBLE to sell in NJ from your home. If you go online check out Fox5 News and see if it is there, it was just on TV today. It doesn't appear like she did any kind of cert or licsenses. It appears she just thought of it overnight. Baking from home in Newe Jersey is really really hard.. close to impossible.

Yankie Posted 17 Jul 2009 , 10:47pm
post #4 of

I guess anyone in her position will do the same thing. I know I would, I hope she gets the money she needs and gets her house out of foreclosure.

mom2my3girlz Posted 17 Jul 2009 , 10:53pm
post #5 of

Me too. If I were desperate I would do it too. Especially now with this economy.....you cannot even find a job. I wish her luck. I hope she doesn't get in any trouble and makes all the money she needs to get out of her unfortunate situaton. Kuddos to her!

Lenette Posted 17 Jul 2009 , 10:57pm
post #6 of

Unfortunately, if it aired on TV and she is not licensed the HD will be on her soon. I can empathize with her, she is just trying to survive but I doubt they will exempt her.

They shouldn't have aired it on TV like that. It's probably going to bite her later. Maybe some benevolent soul will help her out with a kitchen so she can keep selling. I hope the HD doesn't fine her...

TC123 Posted 17 Jul 2009 , 11:11pm
post #7 of

Regarding the legality of her particular situation, unless the article states, it'd be difficult to say whether or not what she's doing is wrong. Well, I do indeed give her credit though, because that's certainly a LOT of work from a home kitchen. I wonder what her timeline is for delivering them? Anyway, I hope she's not doing anything to put her further in jeopardy, and that her bake sale is a success! I'd probably buy one if I could get there! icon_wink.gif

saberger Posted 17 Jul 2009 , 11:21pm
post #8 of

It is illegal in the state of NJ. I feel for her.... I am sure there are others out there in similar situations...I don't know if the HD will go easy on her.

saberger Posted 17 Jul 2009 , 11:45pm
post #9 of

http://www.northjersey.com/bergen/Teaneck_woman_hopes_bake_sale_will_forestall_foreclosure.html#comments

giraffe11 Posted 17 Jul 2009 , 11:58pm

Yes, totally illegal in NJ and being on the news is not going to help her stay "under wraps". You admire the spirit, but if they decide to fine her, she'll lose a good chunk of the profits she's been working for. Maybe the publicity will get someone to help her out though. Stranger things have happened.....

costumeczar Posted 18 Jul 2009 , 2:33am

I can think of two situations I know of personally of people who were selling food out of their homes without licensing, they had stories about their businesses on the news and in the paper, and both were busted by the HD right afterward. I hope that the news station runs a follow-up about how she got shut down and fined after their story aired, so that people will want to help her out.

indydebi Posted 18 Jul 2009 , 2:35am

Indiana story: A little girl (10? 11 years old?) was in a newspaper story about her little cake business. Her work was pretty good for a kid. Unfortunately, she had a price list. Story got to the HD and they shut her down. (The story then became how the "big bad HD" shut down a little girl. However, what the HD said is true: The law doesn't say unless you're a cute little girl, then it's ok. If it's wrong for one, it's wrong for all.

So yeah ... if the NJ HD is on the ball, she'll be busted.

PinkZiab Posted 18 Jul 2009 , 4:11am

In NJ it is 100% completely ILLEGAL to sell any food product made in a home kitchen (the only exceptions are for charity fundraisers, school bake sales, etc--and in those cases it's more of a don't ask, don't tell policy on that. And since she is not a school, charity or non-profit org, this would n fall under that umbrella). The ONLY way to have a "home" bakery in NJ is to have a COMPLETELY separate kitchen that is not accessible from inside the residence (a basement or attached garage cannot be used if they are accessible from inside the home), and it must be completely up to commercial code (proper flooring, triple sinks, commercial appliances, grease trap, etc, etc).

Here's her website, BTW:
www.maccakes.com

PinkZiab Posted 18 Jul 2009 , 4:22am

Hmmm, I wonder if she'll pay taxes on that income as well.

sweet-thing Posted 18 Jul 2009 , 4:48am

Is this really a home business though? I mean essentially she is taking donations to save her home. In return she is offering these people a cake she baked. I can't believe they shut down a little girl! I agree that fair for one, fair for all but man, are they gonna shut down little kids lemonade stands too. So, really I know nothing...did she (the litttle girl) get shut down only because she had a price list and that made it a business?

maryjsgirl Posted 18 Jul 2009 , 4:54am

Lord...why be a busy body and make comments on the legalities in that article? Good grief...karma.

PinkZiab Posted 18 Jul 2009 , 10:08am
Quote:
Originally Posted by sweet-thing

Is this really a home business though? I mean essentially she is taking donations to save her home. In return she is offering these people a cake she baked. I can't believe they shut down a little girl! I agree that fair for one, fair for all but man, are they gonna shut down little kids lemonade stands too. So, really I know nothing...did she (the litttle girl) get shut down only because she had a price list and that made it a business?





She exchanging a product for monetary compensation--that's a business. I'm not an unfeeling grinch: I know exactly how this woman feels (I DID lose my home to foreclosure, so I know the desperation), but it doesn't mean you can do whatever you want to help yourself. Even if she is taking "donations," there is a limit to how much you take accept from another person before it is considered income and there are tax implications. Besides, she had a goal to sell 100 cakes to make this month's mortgage payment--what's her plan for next month? Because the bank will want money then too! If she plans on continuing to do this, to pay her bills, well, that sounds exactly like a business to me!

cocorum21 Posted 18 Jul 2009 , 11:51am
Quote:
Originally Posted by maryjsgirl

Lord...why be a busy body and make comments on the legalities in that article? Good grief...karma.




I have to agree. If this were someone that was a well known member of this site that posted here about losing their house I'm sure the legalities wouldn't even be part of the topic. I'm sure there would be post after post of "oh so sorry"...."good luck"....."whatever kissing up thing I could say"

Maybe she doesn't know it's illegal, maybe she is just grasping at straws trying to do what anyone would do. I wish she could ship a cake because I would surely buy one from her. icon_rolleyes.gif

costumeczar Posted 18 Jul 2009 , 12:30pm
Quote:
Originally Posted by cocorum21

Quote:
Originally Posted by maryjsgirl

Lord...why be a busy body and make comments on the legalities in that article? Good grief...karma.



I have to agree. If this were someone that was a well known member of this site that posted here about losing their house I'm sure the legalities wouldn't even be part of the topic. I'm sure there would be post after post of "oh so sorry"...."good luck"....."whatever kissing up thing I could say"

Maybe she doesn't know it's illegal, maybe she is just grasping at straws trying to do what anyone would do. I wish she could ship a cake because I would surely buy one from her. icon_rolleyes.gif




Who's commenting on the legalities? Someone asked if it's legal, the answer is no. The OP's question didn't have anything to do with who's
a well-known member of CC.

I think it stinks that people who are trying to help themselves get caught up in this when the news gets involved, and I hope that she gets help for her house. However, if she's breaking the law and publicizes it, then they're going to stop her. LIke I said before, I hope the news station that did this to her is ready to follow up when she does get busted because of their "helpful" coverage.

saberger Posted 18 Jul 2009 , 12:46pm

If she is baking form home and receiving any form of money, then it is a home biz. I didn't even think about the whole paying taxes thing. Boy, this is going to bite her is the butt. What a shame.

saberger Posted 18 Jul 2009 , 12:48pm

I also understand that the have received calls/orders from MA and even KY

TC123 Posted 18 Jul 2009 , 1:38pm

maryjsgirl, just to clarify, my comments were purely out of concern for the lady that's baking from her home. Years ago you could bake from your home if the kitchen and your home met all state regulations. I was hoping that would be the case for her; but PinkZiab has kindly provided information to the otherwise.

Oh, and I believe in karma, too. But I really don't feel that anyone here meant any ill will towards this lady and what she's doing. I just thought the OP was posting a simple question on the legality of a home kitchen in NJ in light of what she was setting out to do. Also, I personally used to know someone in NJ who got busted for illegally baking from her home, and the penalties were not worth it. So of course putting something like this on the news is going to set up red flags somewhere, and possibly result in a discussion here.

And who knows? Maybe all of this is a blessing in disguise. Maybe someone has already alerted her about it, so she WON'T move forward with this endeavor and get into any trouble. I do, however, sincerely hope that she can come up with the funds to save her home. I feel bad for her and her children.

Deb_ Posted 18 Jul 2009 , 2:24pm

Sorry but this is the MOST ridiculous thing that I've read in a very long time............. icon_rolleyes.gif

Some may say desperate times call for desperate measures however, it's still breaking the law.

Sadly, she probably hasn't even figured her total cost for making/baking these cakes. When all is said and done, her profit will most likely not be enough to cover this month's payment.

What will she sell to make next month's payment?

I wonder about the thought process of some people................

CakeForte Posted 18 Jul 2009 , 3:03pm

The cakes on that site don't even look good!!. So this should also be a lesson to charge for your cakes. She's getting $40 for that LQC - low quality "creation".

CanadianCakin Posted 18 Jul 2009 , 3:05pm

I really think this is an awful situation to be in and I know it's a big problem right now all through North America it breaks my heart everytime I hear it.....However I am with dkelly on this one, I read the article that a pp added the link for....

"The stiflingly hot kitchen was filled with cake ingredients in every stage of production: chopped apples in the mixer, Saigon cinnamon and organic sugar on the counter, four cake pans in the oven, an assembled cake waiting for frosting on the table."

I can't afford Organic sugar, Saigon Cinnamon??! I just I dunno, call me a skeptic, but when I am pinching to make my payments.....which is always....I'm not buying organic sugar!

I feel for her truly, I hope they can save there house, but if you remove the rose coloured glasses.....something isn't so pretty anymore

Win Posted 18 Jul 2009 , 3:30pm

The article posted on page one is an interesting read... she has a HUGE mortgage. If you look at the comments below (in the article printed by the newspaper,) the issues regarding legalities of baking from her home have already been brought up. I feel in the end, the public will come to her rescue since she was rather "outed" by the press... I'm willing to bet she will be provided a kitchen and all that she need to get started if she chooses to go through with making this legit should she be fined by the HD.

Edited to clarify the comments are below the article in the newspaper

laneysmom Posted 18 Jul 2009 , 3:38pm

Frankly, I'm surprised Fox news wouldn't know any better than to solicit business for this woman.

I feel for her situation but illegal is illegal and publishing her story certainly wasn't doing her any favors.

I wouldn't mind having the recipe though. Maybe she could just sell that?

-Tubbs Posted 18 Jul 2009 , 3:39pm

I wonder if she was 'outed by the press', or if she called them in for some free publicity. I'm pretty sure she wouldn't have all these orders piling up if she was relying on word-of-mouth. I'm sure that would have been a good move if there wasn't the legality issue...

I really wonder what the profit margin is on these cakes? Premium ingredients = $$$. I feel very sorry for this family, but I can't see this ending well.

__Jamie__ Posted 18 Jul 2009 , 3:43pm
Quote:
Originally Posted by PinkZiab

In NJ it is 100% completely ILLEGAL to sell any food product made in a home kitchen (the only exceptions are for charity fundraisers, school bake sales, etc--and in those cases it's more of a don't ask, don't tell policy on that. And since she is not a school, charity or non-profit org, this would n fall under that umbrella). The ONLY way to have a "home" bakery in NJ is to have a COMPLETELY separate kitchen that is not accessible from inside the residence (a basement or attached garage cannot be used if they are accessible from inside the home), and it must be completely up to commercial code (proper flooring, triple sinks, commercial appliances, grease trap, etc, etc).

Here's her website, BTW:
www.maccakes.com





"Who ate all the f*&%#@% Apple Cake?" -Buddy Fitzpatrick

Holy crap! That's a nice thing to have on your front page...wow wow wow.

CristyInMiami Posted 18 Jul 2009 , 3:50pm

[quote="__Jamie__"]

Quote:
Originally Posted by PinkZiab



"Who ate all the f*&%#@% Apple Cake?" -Buddy Fitzpatrick





LOL...made me giggle when I sw it! icon_lol.gif

Quote by @%username% on %date%

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