Another thread got me to think about this. The Lic Bakers are using it as a selling point. 
What I wonder is does the public even realize people do this without being lic., and inspected.
I mean everyone knows restraunts get inspected. Does the public just assume if your selling food your going through the inspection process?
Mike
I think it depends on your area. Here, a lot of people have come from countries where they don't have the same requirements. They cook and sell from home if they can, and even some restaurants buy from them. And when I tell one of them I can't sell them a cake because it's illegal, I hear, "It's not illegal if no one knows about it." "It's just food, no big deal." "That only counts for restaurants." and so on. I've never met anyone here who actually cared if I was licensed or not. Sometimes they seem to think I'm using it as an excuse so I don't have to bake for them.
the public is very uninformed, and thru no fault of their own, really. it's just not a subject anyone is versed in unless you're in the biz or know someone in the biz.
Hubby has conversations with co-workers CONSTANTLY on the topic of the food industry and every single time, he encounters people who do the "Really? It's not legal to bake a cake from your home? No kidding?"
My favorite was the conversation he had where he was explaining the hundreds and thousands of dollars I've invested in the special insulated containers that keep the food hot. The person said, "oh sure, because the guests want their food hot when they're served." Hubby went on and said, "That has nothing to do with it. It's a food safety issue." Then he explained the temp range, bacteria growth, etc. He said the person's mouth dropped open. They had no idea. They thought the caterer wanted to keep the food hot just becasue it tasted better that way!
I think (a) the general public that orders from a home baker are thinking they are getting a deal on it, so they might now care if they are legal or not or (b) just have no idea that someone baking out of their home should be legal.
I teach at Michaels and I can't tell you how many people have stopped when I am doing demo's to ask me if I do wedding cakes. If I was in the market for a wedding cake I wouldn't be looking at the person sitting there doing a cupcake at Michaels. Of course I usually figure they are looking for cheap too.
I also mention in Course 1 about how you can not bake out of your kitchen (in Texas) and sell your cakes to people. Most never thought about it and I confess when I started doing cakes and doing them for my family I never thought about the legalities of it.
Mike,
Do you know the difference between a bookeeper vs CPA, and RN vs CNA, reg attorney vs Esq? ( I know that there is a difference, testing and such, but no idea about the magnitude.) edited to add-- this is in NO WAY attacking you, just addressing it to you 'cause you started the thread!
I think that much of the public just doesn't think about it. They assume that it is YOUR job to do what is necessary before selling to them. These are the same people that didn't read all of the horrible paperwork that they signed when they closed on their mortgage, car, student loan etc.
Also, many people have no clue when it comes to food safety. So many people throw around "oh, I've just got a little food poisoning". Also, a lot of people just don't know how bad you can get sick from bad food.
Its so funny when I explain to people why my contract says we are the sole provider of cake. I say that if Aunt Ethel wants to make you a small cake of her "special recipe", but she lets her cats walk on her counter, or they do it while she's asleep, then there is a whole host of germs and bacteria that she can't just wipe away with that sponge that been on her kitchen sink for a few days.
I think that most people assume that if you're handing out business cards you've done the legwork to be legal. I had a guy come by after doing some roofing down the street and ask if I wanted a quote on some roofwork that needed to be done. Of course, when I called and asked him to bring copies of his license and insurance, since I couldn't find his license online, he never showed up. Most people wouldn't bother to look it up, or they don't care to. (Personally, I'm not letting anyone get up to do roofwork on my house without knowing they're FULLY insured, including workmen's comp insurance.)
So yeah, you do need to tell people, because they really don't know. Just something they probably never gave any thought to.
I think that most people assume that if you're handing out business cards you've done the legwork to be legal. I had a guy come by after doing some roofing down the street and ask if I wanted a quote on some roofwork that needed to be done. Of course, when I called and asked him to bring copies of his license and insurance, since I couldn't find his license online, he never showed up. Most people wouldn't bother to look it up, or they don't care to. (Personally, I'm not letting anyone get up to do roofwork on my house without knowing they're FULLY insured, including workmen's comp insurance.)
So yeah, you do need to tell people, because they really don't know. Just something they probably never gave any thought to.
As a girl that works at a roofing company then I say you were very smart. I can't tell you how many calls we get to come fix roofs where they had some Joe the Roofer come through and tell them they had hail damage and need a new roof and then did a crappy job. Of course when it leaks they are long gone with all the money they got paid and the homeowner is stuck paying out more money to get it repaired.
What Costumeczarina & Jillmakescakes said. I think people assume everyone is legal. When I went wedding cake shopping, I asumed everyone was legal. BUT then it dawned on me that only ONE person mentioned on their site that they operated out of a home kitchen that was licensed and inspected. All though not the only reason, it made my choice much easier.
Don't assume that all people who claim to be licensed are that either. I met someone a year ago who claimed to be licensed on her website, yet has a dog (other rules in Ohio go around the animal thing, but that's not what she was doing)
In my experience, when it comes to things like cakes and cookies, the public looks at the products in much the same way they do those same products at a church bake sale. They know those products are made in a home, and they don't care.
That's why people are mostly shocked when they hear that its illegal (in Texas) to sell baked goods made in a private home. You can see them reaching back in their memory to all of those bake sale/cake walk/fundraiser cakes and cookies they'd purchased and enjoyed in the past... and almost every one of them comes back with, "Well, that's stupid." 
Are there people who really do have carpet in the kitchen?
When we moved into our house, there was carpet in the bathroom. Not quite as bad as carpet in the kitchen, but still pretty yuck.
I was gonna say....people with carpet in the kitchen probably also have it in their bathroom. Nasty. I think carpet in the bathroom is much worse. There shouldn't be bodily fluids in the kitchen!
In Ohio it really doesn't mean a whole lot. Being licensed here means:
1. You have no animals inside your home.
and
2. You have no carpet in your kitchen.
Period. It costs $10. to get the license. No tests, nada.
I know, but she shouldn't be defrauding the public either.
Our literature definitely highlights that we are inspected, licensed and insured. So many people have no idea that there are different standards for home bakers, bakers inspected by the Ag. department, and shops inspected by the health department.
Our literature says something like.. why choose us...
Awards we've received from local press etc..
The fact that we have 5 pastry chefs on staff
our areas ONLY bakery with an A rating from the health department
our areas ONLY bakery with an A rating from the Better Business Bureau
The health department rating has gotten us on the vendor list at a lot of venues who aren't crazy about liability issues that arise from cakes that come from home kitchens.
If you have gone to the trouble to get ANY particular accreditation, use it!! You don't need to say bad things about your competitors to get the message across that all bakeries ARE NOT created equal.
I know that my family and friends had no idea that you needed to be licensed to sell baked goods out of you home.....for years they'd say "when are you going into business?".....I'd always say that I couldn't....legally.
They finally understood how important it was to me when we decided to move from RI to MA so that I could bake legally from my home.
Costumeczar....we had a similar situation with an electrician. We added a 4 season room on about a year ago and needed the electrical hooked up. We phoned 3 different guys for quotes....2 of them were licensed/insured the 3rd was not.
He told us that as long as we didn't pull a permit, he could do the work for us. Oh sure, that's exactly what we want some unlicensed/uninsured guy playing with our electricity.
It's very important to us therefore we always ask for proof of license and insurance......but I would guess that it's not a question everyone asks.
Michellle - I agree with you 100% - she should NOT be using that statement if she is not licensed. IMO here in Ohio it is more important if you have an LLC and are insured - that is the sign of the responsible home baking business (but just MY opinion!) 
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