Is It Legal....

Business By adventuregal Updated 3 Jul 2010 , 12:40pm by Elcee

adventuregal Posted 2 Jul 2010 , 6:25pm
post #1 of 15

to have a cupcake stand at a farmers market or at a bazaar without a licensed business or a licensed kitchen? I am prepared to get licensed, but the issue I'm having is that I'd have to find a licensed kitchen to bake in and I haven't had any luck with that. It's illegal to bake and sell from home in my county, but I'm wondering if that applies to a farmers market or bazaar booth as well? I'd love to start a booth, but right now the only way I'd be able to is to bake the goods from home and I need to know if thats legal in this particular case. Does anyone have any inside info? Thanks!!!

14 replies
LNW Posted 2 Jul 2010 , 6:43pm
post #2 of 15

I was told by my county health department you have to have a license to sell at the farmers markets. The guy also told me they send inspectors to them often and check up on people. I see loads of people with booths at every farmers market I go to selling baked goods. I know they all arent legal. You can usually tell the pros from the gals just wanting to make a few extra bucks selling their grandmas famous chocolate chip cookies at the local FM. You cant just show up and put a booth out at the markets in my area. You have to sign up for space and if its a food booth I was told I have to have my license with me. I dont know how those ladies who arent legal get in.

adventuregal Posted 2 Jul 2010 , 6:48pm
post #3 of 15

thanks for the info! I plan on getting my business license within the next few weeks and hopefully I can find a licensed kitchen in my area. I definitely don't want to cut corners, but I've heard from other people that the legalities of a home based business don't apply to farmers markets-maybe I've heard wrong icon_smile.gif
I wish I lived in an area that licensed home bakers *sigh*

adamsmom Posted 2 Jul 2010 , 6:56pm
post #4 of 15

I would talk to your local HD. In Indiana you are allowed to sell at the local FM without having to be licensed. They passed a law last year allowing home based vendors to bake from their home and sell at the market. Now, there are a lot of stipulations you must follow. I would check into it. Maybe you don't need to be licensed to start with. HTH!

LNW Posted 2 Jul 2010 , 6:57pm
post #5 of 15

No they might not be wrong. It's different everywhere, which makes it really hard to figure it all out. I would call and find out. It could be totally legal where you live.

There is a FM about an hour away from me in a different county and it is legal for unlicensed bakers to sell there. They have to put a sticker on their product packaging stating that it was made in an unregulated home kitchen and also list all the ingredients they used in that product. I bought some cookies from a gal there and the ingredients label was HUGE! It was funny because her booth theme was country kitchen, all home baked goodies like grandma used to make etc. She must have had a chemistry degree or something lol.

adventuregal Posted 2 Jul 2010 , 7:18pm
post #6 of 15

LNW thats hilarious! My list would be long too because I try to bake from scratch more often than not! Adamsmom I will definitely call the HD-it is so tricky how its different everywhere. Fingers crossed I hear good news!

deMuralist Posted 2 Jul 2010 , 7:27pm
post #7 of 15

you need to check in your local area, here in TN they issue a Domestic Kitchen Certificate, but there is a class you take and a page worth of adjustments to make to your home (one of which is no animals under roof-period-including fish. dh and I are discussing the fish issue), things like 3 sinks, single use towels, covered garbage, covered overhead lights, separate fridge and storage, etc. Doable but ya gotta do it.

tavyheather Posted 2 Jul 2010 , 7:59pm
post #8 of 15

I think it depends on where you are...in CA it's a HUGE no-no...you have to cook in a certified kitchen AND pay $500 for a temporary food facility permit

Elcee Posted 3 Jul 2010 , 2:03am
post #9 of 15

I was just thinking about this same subject. I stopped at a small Farmers Market last week and there was a woman there with breads and rolls...no business info, just her and her stuff at a card table. It is illegal to bake from a home kitchen here and I SO wanted to ask her where she bakes but I didn't want to come off as being snarky. She could be renting a commercial kitchen, or she could have a separate kitchen but usually the prepared foods sold here have business info all over them. I was feeling a little snarky, though, because I'm 99% sure she's illegal. Maybe if I stop again I will ask but approach it as a potential opportunity...she does breads and rolls, I do cakes and cupcakes, maybe we can work something out in her SEPARATE, LICENSED, COMMERCIAL kitchen? icon_wink.gif

tavyheather Posted 3 Jul 2010 , 3:30am
post #10 of 15
Quote:
Originally Posted by Elcee

I was just thinking about this same subject. I stopped at a small Farmers Market last week and there was a woman there with breads and rolls...no business info, just her and her stuff at a card table. It is illegal to bake from a home kitchen here and I SO wanted to ask her where she bakes but I didn't want to come off as being snarky. She could be renting a commercial kitchen, or she could have a separate kitchen but usually the prepared foods sold here have business info all over them. I was feeling a little snarky, though, because I'm 99% sure she's illegal. Maybe if I stop again I will ask but approach it as a potential opportunity...she does breads and rolls, I do cakes and cupcakes, maybe we can work something out in her SEPARATE, LICENSED, COMMERCIAL kitchen? icon_wink.gif




that's not commonplace here, it's required...part of the whole food facility permit. Business name, address, license #...all that good stuff must be on your signage

adventuregal Posted 3 Jul 2010 , 3:31am
post #11 of 15

Elcee-I SO want to ask people that too!! I know there are alot of unlicensed people here, but I've always wanted to do it right so I've waited. I did find a licensed kitchen for 17$ an hour (yay!) So I'm thinking all I need to do is get a license and then I can rent the kitchen right? Or am I assuming it's that easy? LOL Is there any red tape I'm not taking into account?

tavyheather Posted 3 Jul 2010 , 3:42am
post #12 of 15
Quote:
Originally Posted by sillysierra

Elcee-I SO want to ask people that too!! I know there are alot of unlicensed people here, but I've always wanted to do it right so I've waited. I did find a licensed kitchen for 17$ an hour (yay!) So I'm thinking all I need to do is get a license and then I can rent the kitchen right? Or am I assuming it's that easy? LOL Is there any red tape I'm not taking into account?




In case she doesn't respond u need to contact your health dpt. HERE in CA u have to get licensed and part of that licensing process is to have them inspect the kitchen you're renting (so that step comes first)...But before any of that you need to get a food safety managers certificate (I took a 6 hr class and took a long test for it). Then you also have to pay for the application (like $200)...but like I said that's here, you need to contact your dept in WA!

adventuregal Posted 3 Jul 2010 , 7:46am
post #13 of 15

will do! icon_smile.gif I'm becoming increasingly excited so I hope this all works out! It would be amazing to share all the skills I learned on here with the people in my town-it's the kind of place that needs a little creativity when it comes to food!

tiggy2 Posted 3 Jul 2010 , 8:33am
post #14 of 15

You also need insurance.

Elcee Posted 3 Jul 2010 , 12:40pm
post #15 of 15
Quote:
Quote:

that's not commonplace here, it's required...part of the whole food facility permit. Business name, address, license #...all that good stuff must be on your signage



tavyheather, I don't know if it's required here or not. It should be, though. I hate that people could be buying from an unlicensed kitchen without even knowing it.


Quote:
Quote:

Elcee-I SO want to ask people that too!! I know there are alot of unlicensed people here, but I've always wanted to do it right so I've waited.



There are a lot of unlicensed people here, too. I recently saw an ad on Craiglist where the decorator actually announced that she was unlicensed icon_eek.gif. I will only do it right, also, which means I will most likely never be selling cakes icon_sad.gif . I think I am going to start asking, though. I'll go all wide-eyed and wow, it's so much work and so expensive to bake legally...how do you do it?

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