Pinki Posted 22 Dec 2009 , 4:31pm
post #1 of

I am a newbie and am not licensed. I know its okay to make cakes for family and friends but is it okay to accept money from them for the cakes? I had a friend from church ask me how much I would charge her for a cake. I wasn't sure what to tell her.

57 replies
kelleym Posted 22 Dec 2009 , 4:39pm
post #2 of

Call your county's health department and check for sure, but most of these places seem to say that what happens between friends is a private matter - and having a friend pay you for a cake does not qualify you as a full-fledged food establishment which requires licensure.

-K8memphis Posted 22 Dec 2009 , 4:43pm
post #3 of

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt

Pinki Posted 22 Dec 2009 , 5:14pm
post #4 of

Thanks for the feedback and encouragement. I just placed a message with our county health inspector. Hopefully, I'll hear back from her soon.

TexasSugar Posted 22 Dec 2009 , 5:27pm
post #5 of

I live in a state where baking out of your home is not allowed. I only do cakes for friends and family and yes they pay me. I am not going to build a kitchen for the few cakes I do a year, and I do not want to do it as a full time business. I think I have done less than 10 cakes this year that I got paid for.

My family and friends are not going to turn me into the health department or try to sue me if they get sick. I don't feel comfortable doing cakes for people I don't know, that to me is where you start opening alot of cans of worms.

Now I do encourage everyone to check with your state and county to see what the laws are. There are some counties that give you the go head as long as you only do a few cakes or don't make over a certain amount.

Mike1394 Posted 22 Dec 2009 , 5:29pm
post #6 of
Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt




Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike

-K8memphis Posted 22 Dec 2009 , 5:36pm
post #7 of
Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt



Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike




Yes exactly so--no jail no fine for baking a cake and being paid for it.

IF your opinion is otherwise go for it but I stand by mine.

Is there someone in jail for baking a random cake for someone?

Kellbella Posted 22 Dec 2009 , 5:39pm
post #8 of
Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt



Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike




That seems rather extreme Mike icon_eek.gif Care to elaborate?

-K8memphis Posted 22 Dec 2009 , 5:56pm
post #9 of
Quote:
Originally Posted by Kellbella

Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt



Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike



That seems rather extreme Mike icon_eek.gif Care to elaborate?




Thank you Kellbella--I carefully said this was my opinion and that there are many other opinions. I didn't see any reason to be so pointed and extreme---check my signature line.

kelleym Posted 22 Dec 2009 , 6:11pm

Pinki, this link might have valuable info for you:

http://www.fma.alabama.gov/HomeProc.aspx

LaBellaFlor Posted 22 Dec 2009 , 6:55pm
Quote:
Originally Posted by Kellbella

Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt



Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike



That seems rather extreme Mike icon_eek.gif Care to elaborate?




I think his point was that no matter how you want to phrase it, if you SELL an occasional cake, here & there, and your not legal, it's still illegal. Just cause it's "here & there' & "every now & then", its' still illegal either way and you run a risk of getting in trouble. Not extreme, just an accurate point. Though I'm sure I'm now going to hear how it's okay, and no you won't get in trouble. So heck, do what ever you want, be it legal or illegal. We all know wether or not we are doing something legal or illegal or not. No need to ask for anyone's blessing and see if there are any exceptions to the rule. Knock yourself out!

leah_s Posted 22 Dec 2009 , 7:00pm

And I'm of the opinion that if you take $, you're selling and that's business and for that you need to be legal.

And my opinion and $3 will get you a cup of coffee in many places.

kelleym Posted 22 Dec 2009 , 7:07pm
Quote:
Quote:

I think his point was that no matter how you want to phrase it, if you SELL an occasional cake, here & there, and your not legal, it's still illegal. Just cause it's "here & there' & "every now & then", its' still illegal either way and you run a risk of getting in trouble.




It's not really accurate to make a blanket statement like that without knowing the laws as they pertain to our OP. Which is why the best course of action is always to check with your local health inspectors so they can tell you what the law is where you are.

Everyone here has an opinion (obviously icon_lol.gif), but in the end it only matters what the law is where you are, and how your health department interprets it.

Pinki Posted 22 Dec 2009 , 7:22pm
Quote:
Originally Posted by kelleym

Pinki, this link might have valuable info for you:

http://www.fma.alabama.gov/HomeProc.aspx




Thanks, I'll check it out.

diane706 Posted 22 Dec 2009 , 7:38pm

Just for the heck of it, I was just on Craigslist and searched for "cakes" in my area. I can't believe the amount of people who do this illegally and get by with it!!!!

I'm sorry, but since I opened my shop a year ago, I've been bustin my a$$ to pay for my shop rent, insurance, electric and just had to pay my yearly license renewal of $255.00 not to mention taxes etc etc. Believe me when I say that my boys' birthdays, Christmas and generally everyday living have suffered since I opened shop last Jan.

Don't get me wrong, I love what I do and my family is being VERY patient while I attempt to make a living doing this... Wouldn't we ALL just love to work out of our homes with NO overhead? (she raises hand). But simply put, it's ILLEGAL people. No ifs ands or buts on this subject. It doesn't go away because you put your blinders on and because you only do a few cakes for family and friends.

If you accept payment for a cake, you're selling. And if you're selling without a license, it's illegal. I feel better now thumbs_up.gif

JanH Posted 22 Dec 2009 , 8:45pm

..moving from Business forum. icon_smile.gif

Mike1394 Posted 22 Dec 2009 , 8:57pm
Quote:
Originally Posted by Kellbella

Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt



Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike



That seems rather extreme Mike icon_eek.gif Care to elaborate?




In Michigan the fine MAX is 89 days, and 500. Everyone can sit here, and say well it's only one cake, and it's ok. That advice is irresponsible.
NO, 99% of the time you sell the occasional cake to someone no your not going to get caught.
No matter how you slice it, it's illegal in MOST places. Yes, that means even one cake to a friend. I've seen posted about. Well, MY HD says if I don't advertise, it's ok. That's BS, alls that is, is not enough manpower to enforce the laws. That's like driving in Det. your not really guilty until your on your 5-6 driving suspension.

Mike

-K8memphis Posted 22 Dec 2009 , 9:00pm
Quote:
Originally Posted by Mike1394


... Well, MY HD says if I don't advertise, it's ok...
Mike




So...what's you beef?

creations Posted 22 Dec 2009 , 9:11pm

@ pinki i can understand where i live we need to be lic and im not going to for reason i only do a few cakes a year its really risky but what u can do is tell her u will charge her for the supplies ( she doesnt need to know u got a sale on cake boards ) good luck

_Jamie_ Posted 22 Dec 2009 , 9:14pm

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.

Mike1394 Posted 22 Dec 2009 , 9:15pm
Quote:
Originally Posted by K8memphis-

Quote:
Originally Posted by Mike1394


... Well, MY HD says if I don't advertise, it's ok...
Mike



So...what's you beef?




No Beef

tiggy2 Posted 22 Dec 2009 , 9:24pm

Depending on where you live it may not be illegal to sell a few cakes a year from a home kitchen without being licensed.

flourgirlz Posted 22 Dec 2009 , 9:41pm

Like many of the previous posts suggest, check with your HD to find out the laws in your state. Before joining CC I assumed I had to be licensed and have a separate kitchen if I wanted to bake from home. In my state, as long as they are non potentially hazardous baked goods, or less than $1000 in gross annual sales of potentially hazardous baked goods, I don't need a license. I was very happy to find that out!

Pinki Posted 22 Dec 2009 , 9:41pm

Thank you everyone for your responses. My county health inspector called me back earlier today. She was very friendly and helpful. In my county you have to have a building that is to code in order to sell cakes. However, she gave me several ideas on how to get my foot in the door. She suggested attending one of the culinary schools in town (they help find you a job placement when you graduate), setting up at a farmers market, or to hire on at someone else's bakery.

I actually know a couple who own a cake bakery in the next county over. It will take me an hour to drive there but I might see if they could use my help one day a week. This would give me some much needed experience.

I also asked her specifically about selling cakes to close friends and family. She said I just have to be careful because it woulld be considered as income. I do not want to try and "beat the system" so for now I will continue blessing my friends and family with ckes for free and I will talk to my bakery friends after Christmas.

-K8memphis Posted 22 Dec 2009 , 11:17pm

To me it is not illegal to sell a cake.

For example if someone called the police and said, "Hey I wanna turn myself in. I made a cake and sold it."
They would hang up on you.

To me there's a distinct difference between having a business and selling a random cake.

It's more than fine that others think that the sale of one cupcake makes it a business and illegal and etc. I don't think that. I don't think any police department in the country would respond to "illegal cake distrubution" as I described as one cake randomly --a few a year.

I do believe that you will get in trouble for running a business from your home. I believe that you need to make and sell more than a handful of cakes per year to qualify as a business. That's what I think.

If you want to give me all that power that you're afraid to disagree with my opinion--oh well. Thanks for all the credit.

cakesbywendy Posted 22 Dec 2009 , 11:24pm

I understand your opinion K8memphis. icon_smile.gif

_Jamie_ Posted 22 Dec 2009 , 11:35pm

Merry Christmas!

CeeTee Posted 22 Dec 2009 , 11:40pm
Quote:
Originally Posted by K8memphis-

To me it is not illegal to sell a cake.

For example if someone called the police and said, "Hey I wanna turn myself in. I made a cake and sold it."
They would hang up on you.

To me there's a distinct difference between having a business and selling a random cake.

It's more than fine that others think that the sale of one cupcake makes it a business and illegal and etc. I don't think that. I don't think any police department in the country would respond to "illegal cake distrubution" as I described as one cake randomly --a few a year.

I do believe that you will get in trouble for running a business from your home. I believe that you need to make and sell more than a handful of cakes per year to qualify as a business. That's what I think.

If you want to give me all that power that you're afraid to disagree with my opinion--oh well. Thanks for all the credit.




Quoting this in its entirety for Justice and Truth!

Law is a multi-layered complex thing where the same rules do not apply in every situation, except for the times when they do. ( Confusing much? You betcha! )

You are right in that selling the occasional cake out of your house is not gonna get one fined or arrested. It's not considered a business unless you hit a certain dollar amount or percentage of yearly household income, and it varies by State.

So if you do not have a business licence for cake and you do not own/work/distribute baked goods, but you sell only a single cake in a 12 month span that happened to have Dora The Explorer on it, and the person you sold it to is a neighbor? Believe it or not, that IS legal!

And yes, if you find a lawyer, court, Nickelodeon executives, and Judge with nothing better to do, then they could dig up some obscure loophole and make it illegal, but they won't bother. It's not worth their time.

So don't let folks freak you out over selling the occasional cake to a neighbor. The odds of being fined over it are greater than being hit by lightning as an airliner falls on you while holding a winning Powerball lottery ticket.

_Jamie_ Posted 22 Dec 2009 , 11:40pm
Quote:
Originally Posted by K8memphis-

Quote:
Originally Posted by Kellbella

Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by K8memphis-

This can become a hot button topic but I mean if you're doing a random cake on a random basis-- like a handful of cakes a year--once every other month or something--no harm no foul in my book--lots of people have other opinions on this but that's mine.

Go for it, CakeBuddy. icon_biggrin.gifbut fasten your seatbelt



Yeah, but your book doesn't carry the possibility of jail, and a fine.

Mike



That seems rather extreme Mike icon_eek.gif Care to elaborate?



Thank you Kellbella--I carefully said this was my opinion and that there are many other opinions. I didn't see any reason to be so pointed and extreme---check my signature line.


And I don't think KellBella was saying this in your defense....she just wanted to know where this would happen to someone. Kettles. Pots. Oh my.

-K8memphis Posted 22 Dec 2009 , 11:43pm
Quote:
Originally Posted by _Jamie_

K8---an observation if I may. And please do not accuse me of being in a clique.




The clique stuff is concerning BrownieBatterer saying that no one can disagree with me and LaBella Flora laughing a lot about it.

Quote:
Originally Posted by _Jamie_


Your reply to the OP was a bit questionable, and you know it. You have been around these parts wayyyyyyy too long to play innocent. If you didn't think a reply like the one you got from Mike wasn't coming, and soon....you're nuts. Quit batting your Bambi lashes and own up.




I stand by my opinion as I stated it in this thread under these circumstances. I own it. It's mine. All Bambi lashing aside.

Mike said his own HD said he could do cakes if he didn't advertise.

Some of us are legalistic about this and some of us are more relaxed. I am obviously more relaxed. I did maybe 3 or 4 cakes last year. If someone thinks that's a business that's their opinion. It's not mine.

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