princesscatt Posted 15 Sep 2009 , 4:46pm
post #1 of

So I want to register a business name. My sister and I do cookies, cakes etc...our orders are far and few in between but someone who runs a catering service asked if she could use us and also another friend who is an event planner is interested. I just want to do things the right way but I have no idea where to start or where to look to find out about the laws of baking out of your home..I know of a lot of girls who do it but I don't know if they are legal. Any tips would be very helpful...

33 replies
Uniqueask Posted 15 Sep 2009 , 4:56pm
post #2 of

I am not from New Jersey, but I remembered reading in many threads that New Jersey does not allow Legal Home based businesses, But I am quite sure someone from Jersey will ansewr your Question

PinkZiab Posted 15 Sep 2009 , 5:40pm
post #3 of

You cannot, under any circumstances, legally bake for profit in a home kitchen in NJ.

LaBellaFlor Posted 15 Sep 2009 , 9:00pm
post #4 of
Quote:
Originally Posted by PinkZiab

You cannot, under any circumstances, legally bake for profit in a home kitchen in NJ.




This is in no way has anything to do with the thread, I just love your signature line Pinkziab. icon_biggrin.gif

princesscatt Posted 16 Sep 2009 , 1:08am
post #5 of
Quote:
Originally Posted by PinkZiab

You cannot, under any circumstances, legally bake for profit in a home kitchen in NJ.




Well that just stinks! LOL...

RebelsLGB Posted 19 Sep 2009 , 1:28pm
post #6 of

i posted a thread a few months ago...there is ONE person in the whole state that legally bakes out of her home. she's based in Hopatcong...business is one part sugar. there is a newspaper article about her. she went in front of the judge/courts for a year and was approved. she did need to build a seperate kitchen in her home, but she's doing it..legally. What made it possible for her is that all of her business will be from internet orders....the state said they had never come across this request before, and approved it since it was really an internet business, no customers are to set foot on her property...etc etc.

you can probably google for the article, I printed it for when i'm ready to fight the battle of home baking in NJ.

PinkZiab Posted 19 Sep 2009 , 2:55pm
post #7 of
Quote:
Originally Posted by RebelsLGB

i posted a thread a few months ago...there is ONE person in the whole state that legally bakes out of her home. she's based in Hopatcong...business is one part sugar. there is a newspaper article about her. she went in front of the judge/courts for a year and was approved. she did need to build a seperate kitchen in her home, but she's doing it..legally. What made it possible for her is that all of her business will be from internet orders....the state said they had never come across this request before, and approved it since it was really an internet business, no customers are to set foot on her property...etc etc.

you can probably google for the article, I printed it for when i'm ready to fight the battle of home baking in NJ.




Yes that's the difference, she's not baking from her HOME kitchen, she's baking from a fully separate commercial kitchen on her home property that is not accessible from inside her living quarters. I saw that article as well, and the not having foot traffic and all is more of a local zoning issue (depending on your town/city rules you could potentially have walk in customers). So you CAN get licensed with a full y separate, commercial grade kitchen that is NOT accessible from the interior of your home. But as it stands, you still cannot legally sell from your home kitchen. Unfortunately the cost of a full commercial build out (plus the space for it) is still a big reach for most people who wish to bake from "home".

krissycupcakes Posted 20 Sep 2009 , 6:34pm
post #8 of

princesscatt im in jersey i dont really know anything about this stuff either and i really wanna open a bussiness but same as you i dont see me haveing regualar orders i looked at incubator kitchens which depending on what part of nj your in might be good for you! im in bergen and theres nothing in my area. but please keep me in mind if you find a kitchen and would wanna split the rental space that might work for both of us!

dsilbern Posted 20 Sep 2009 , 6:46pm
post #9 of

When NJ cracked down a bunch of folks who had stands in the Trenton farmers market closed down. They were baking from their homes. It's sad, but as a foodservice professional I can understand the need for NJ to ensure commercially sold food is coming out of a foodsafe environment. Most home kitchens are not up to commercial standards.

RebelsLGB Posted 21 Sep 2009 , 12:12pm
Quote:
Originally Posted by PinkZiab

Quote:
Originally Posted by RebelsLGB

i posted a thread a few months ago...there is ONE person in the whole state that legally bakes out of her home. she's based in Hopatcong...business is one part sugar. there is a newspaper article about her. she went in front of the judge/courts for a year and was approved. she did need to build a seperate kitchen in her home, but she's doing it..legally. What made it possible for her is that all of her business will be from internet orders....the state said they had never come across this request before, and approved it since it was really an internet business, no customers are to set foot on her property...etc etc.

you can probably google for the article, I printed it for when i'm ready to fight the battle of home baking in NJ.



Yes that's the difference, she's not baking from her HOME kitchen, she's baking from a fully separate commercial kitchen on her home property that is not accessible from inside her living quarters. I saw that article as well, and the not having foot traffic and all is more of a local zoning issue (depending on your town/city rules you could potentially have walk in customers). So you CAN get licensed with a full y separate, commercial grade kitchen that is NOT accessible from the interior of your home. But as it stands, you still cannot legally sell from your home kitchen. Unfortunately the cost of a full commercial build out (plus the space for it) is still a big reach for most people who wish to bake from "home".




original post said nothing about it being out of the home kitchen, was just posting a way that you could bake at home (not home kitchen) legally in NJ. Sure it's expensive...but if you buy used and you are seriously considering it as a business...it's a heck of a lot cheaper than buying/leasing a retail space in NJ.

pattycakesnj Posted 26 Sep 2009 , 8:21pm

I am in NJ too and just spent some time with my local health department about setting up a seperate kitchen in my home. They were great and very forthcoming with info but the problem lies with zoning for me, and most people I would think. That is why it is important to push our state reps on the home baking law that right now is sitting in committee. For now, I am looking to rent a store so if anyone is willing to share, pm me. I have found some good spaces that may work for 2 people because I can't afford it on my own. (I am looking in Bergen County)

pattycakesnj Posted 27 Sep 2009 , 9:59pm

anyone in northern nj want to share space????????

misserica Posted 3 Nov 2009 , 11:30pm

Hey fellow Jersians...I know this is not the most $$ making move but what if we all chipped in and chose a space somewhat centrally located and go at it as a group? Just a dream as I was reading though the thread, would be pretty neat though.

rosiecast Posted 5 Nov 2009 , 6:11pm

I feel your pain ladies. I'm in NY so we're on the same boat. Good luck to you all,

PattyT Posted 5 Nov 2009 , 8:39pm
Quote:
Originally Posted by pattycakesnj

anyone in northern nj want to share space????????




I'm in South Jersey / Philly area.....but wish I could do some kind of shared situation with you. I think Rutgers was building a business incubator that included a commercial kitchen, but it wasn't done yet; and my sense was that it was to help small/new businesses set up food processing lines.

A place in Philly has a commercial shared kitchen to rent, but it's $39-$44 per hour depending on time of day...not very practical at the speed I bake and decorate.

Did anything come from the petition for New Jersey home baking that was out there? I signed it plus was watching the Facebook group, but activity seemed to slow down.

pattycakesnj Posted 5 Nov 2009 , 9:54pm
Quote:
Originally Posted by PattyT

Quote:
Originally Posted by pattycakesnj

anyone in northern nj want to share space????????



I'm in South Jersey / Philly area.....but wish I could do some kind of shared situation with you. I think Rutgers was building a business incubator that included a commercial kitchen, but it wasn't done yet; and my sense was that it was to help small/new businesses set up food processing lines.

A place in Philly has a commercial shared kitchen to rent, but it's $39-$44 per hour depending on time of day...not very practical at the speed I bake and decorate.

Did anything come from the petition for New Jersey home baking that was out there? I signed it plus was watching the Facebook group, but activity seemed to slow down.


I believe the Rutgers incubator kitchen is up and running but it is not practical for me. Last I looked, the bill was still in committee. Hopefully now that the election is over, something may give. If nothing happens by the end of the year, we need to start all over again in January. Wow, $39-44 is expensive and I thought I lived in an expensive area. Check churches, Vfw, etc

krissycupcakes Posted 5 Nov 2009 , 10:38pm

rosiecast check on that because my mother lives in upstate NY and she can home bake with a couple of rules! so just double check from what i understand things differ by county in NY good luck

casmom Posted 5 Nov 2009 , 11:20pm

I too live in Northern NJ (Hudson County to be exact). I have a plan to open my own business in a couple of years, even though I am still a newbie, at least I know I have a plan to look forward to. I know for certain that it is not legal to have a home-based business in NJ. But after reading this thread about 1 person that can legally open her business, I might have to search the news.

Anyone else live in the Hudson county? I would love to share the space if I could get any orders in the future.

pattycakesnj Posted 5 Nov 2009 , 11:37pm
Quote:
Originally Posted by casmom

I too live in Northern NJ (Hudson County to be exact). I have a plan to open my own business in a couple of years, even though I am still a newbie, at least I know I have a plan to look forward to. I know for certain that it is not legal to have a home-based business in NJ. But after reading this thread about 1 person that can legally open her business, I might have to search the news.

Anyone else live in the Hudson county? I would love to share the space if I could get any orders in the future.


it is legal in NJ to bake out of your home. However, you must have a seperate kitchen, whether it be in your basement or garage etc.

stephaniescakenj Posted 5 Nov 2009 , 11:45pm

Just an update on the bill ladies... Senator Karrow presented the bill to legalize home kitchens. She lost the primaries back in June and was unable to run for her senate seat this past week. Unfortunately, Doherty was elected to take her senate seat and does not support us. Fortunately the assemblyman that worked with Karrow was re elected and with any luck with still be willing to help us. I was speaking with Grace (she created the online petition and started the letter writing campaign) just after the election and we planned to restart the letter writing campaign this coming week once the dust settles from the election. We are planning on coming up with another form letter for everyone to send out to their local legislators. We really need a democrat on board to help this bill along so that's what we're hoping to accomplish with resending the letters again.

pattycakesnj Posted 5 Nov 2009 , 11:55pm

Thanks Stephanie for the update, whatever you need done let us know.

PattyT Posted 6 Nov 2009 , 1:14am

Ditto - thank you Stephanie.

PinkZiab Posted 6 Nov 2009 , 3:46pm
Quote:
Originally Posted by pattycakesnj

Quote:
Originally Posted by casmom

I too live in Northern NJ (Hudson County to be exact). I have a plan to open my own business in a couple of years, even though I am still a newbie, at least I know I have a plan to look forward to. I know for certain that it is not legal to have a home-based business in NJ. But after reading this thread about 1 person that can legally open her business, I might have to search the news.

Anyone else live in the Hudson county? I would love to share the space if I could get any orders in the future.

it is legal in NJ to bake out of your home. However, you must have a seperate kitchen, whether it be in your basement or garage etc.




It's more than just having to be a separate kitchen. The kitchen can NOT be accessible from inside the the home (so if it's a basement the internal entrance must be closed off and only an outside entrance can be used) it must also be built-out to commercial standards (commercial stove, oven, refrigeration, fire suppression, flooring, sinks etc). It's essentially a full commercial kitchen located on your property. Also, there's the matter of whether your local zoning laws would allow that as well... it's not just a state matter.

casmom Posted 7 Nov 2009 , 12:29pm

@stephaniescakenj: Thank you for the update & please let us know how it goes. I'll certainly support it.

@pattycakesnj & @PinkZiab: Do you guys have a link to the rules/laws? I live in a condo right now and only have my garage as a spare space but I'm not sure if the building association will agree with me if I made a kitchen out of it. LOL!!

Note: I use FB kinda thing because I don't really know how to quote different messages into one. Help anyone? Thanks.

pattycakesnj Posted 7 Nov 2009 , 2:35pm

casmom, The food safety law in NJ is chapter 24, just google it. But I highly doubt you would be able to do anything living in a condo. You would also have to check with your town's health dept and zoning board, that is where I got most of my info. Good luck

casmom Posted 7 Nov 2009 , 11:52pm

I'll check it later. Thank you, Patty.

rosiecast Posted 8 Nov 2009 , 4:17am
Quote:
Originally Posted by krissycupcakes

rosiecast check on that because my mother lives in upstate NY and she can home bake with a couple of rules! so just double check from what i understand things differ by county in NY good luck




Thanks Krissy, I'll have to check. I thought it was NY state law. I live in Hastings, NY.

efthemia Posted 25 Nov 2009 , 2:41pm

I live in Somerset and have baked since I was very little for freinds and family. Now people keep asking me when I am opening up my own bakery. The problem is that is too expensive and I am being laid off my full time job in February, and would like to bake and do cakes from home. You would think these people in congress, etc. would find that better than me being on unemployeement and wellfare. I also do fancy cakes. I think we need to approach this from the point that first we would not compete with established bakeries as they can not provide the service of variety that a home baker can and most don't have the time for the extremely fancy or carved cakes. Also, I am sure there are other in my situation as well. Also, we would help NJ economy as we would at least be able to support ourselves. I have also found that in other states what you have to do is have your kitchen inspected for rodents and bugs and have a grease trap that is all.

Now as to the comment I read in this thread about home kitchen not being as clean - that is a buch of horse ?????. Most home kitchens are cleaner that most restuarant kitchen and I have heard that from more than one health inspector. It is due to the fact we also feed our families out of them!!!!!!!!

Ladies if there is anything I can do to help get this bill passed let me know. I am a fighter and will do whatever it takes. Let's just also be carefull that the bill we get does not make it too hard for us to comply. You do not need a commercial kitchen to produce good and safe baked goods.

homebasedbaking Posted 27 Nov 2009 , 2:49am

New Jersey does not have a cottage law that allows home based baking for profit at this time. You may view the upcoming cottage law that is in the works by visiting http://cookingwithdenay.com/wp-content/uploads/2009/06/New-Jersey-Cottage-Law-_Permit-Sale-of-Home-Baked-Goods.htm

You may bake from home and sell at state sponsored Farmers Markets and the rules and regulations may be viewed: http://cookingwithdenay.com/new-jersey/ This is a PDF titled A Practical Guide to Selling at Farmers Markets (New Jersey).

If you are interested in renting commercial kitchen space or using an incubator kitchen you might consider:

Rutgers Food Innovation Center (New Location as of August 11, 200icon_cool.gif
450 East Broad Street (Route 49)
Bridgeton, NJ 08302
856-459-1900
Email: foodinnovation@aesop.rutgers.edu

Saveur Creole
Contact: Magalye Mars Mompoint
131 Grove Street
Montclair, NJ 07042
201-704-8594
http://www.saveurcreole.com/

Good Luck!

francescakes Posted 28 Nov 2009 , 2:22am

I feel so bad every time I read these threads about cooking from home in NJ-

The politicians in NJ DO NOT CARE that you are a nice person just looking to support your family by running a food based business from home.

There is NOTHING in it for them to support your cause (ie they can't make money off of you)- there are bigger issues happening in NJ and they all have their agendas ($$$)

Not only do I run a legal business in NJ but my family is positioned in high level NJ politics and I see how the government operates and what is the driving force here.

Selling food made in your home is NEVER going to happen in NJ for a multitude of reasons. NEVER.

Think outside of the box or open a bona fide legal business. It is a complete waste of time to think that NJ politicians are going to support home based food operations.

You can also wait 2 years and buy my business-I'm moving to NC or Oregon- anywhere but NJ!

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