What Is The Legal Definition Of Professional Cake Decorator

Decorating By Juneclever Updated 29 Jul 2010 , 11:29pm by Juneclever

Juneclever Posted 27 Jul 2010 , 1:17am
post #1 of 17

I had a cake entered in our local county fair and was disqualified because they found out that I sell cakes occasionally. When I looked it up in Webster's dictionary, it says that a professional is someone who makes their livelihood from a profession. I am a nurse and do cakes on the side. I do not have a license and do not run a bakery. Am I a professional?

16 replies
cutthecake Posted 27 Jul 2010 , 1:33am
post #2 of 17

I think anytime you accept money for performing a service, you can be considered a professional. That's not a true legal definition by any means (and there are many exceptions), but I think that's the logic.

cakeprof Posted 27 Jul 2010 , 1:52am
post #3 of 17
Quote:
Originally Posted by Juneclever

I had a cake entered in our local county fair and was disqualified because they found out that I sell cakes occasionally. When I looked it up in Webster's dictionary, it says that a professional is someone who makes their livelihood from a profession. I am a nurse and do cakes on the side. I do not have a license and do not run a bakery. Am I a professional?




Well Websters is not final say on what a professional is. Even if the definition from Webster's is what a professional is that does not mean that your local county fair may have rules that state you cannot enter the contest if you sell cakes. I do not know if what you do makes you a professional legally, but it may be enough to disqualify you from a local contest.

I will add I was inspired by your post to look at the county fair that is coming up in a month--thinking about entering something. Anyway I was looking through the rules and it says commercial baking is not accepted. Certainly by selling you are engaged in commercial baking. I would check the rules for the fair.

BlakesCakes Posted 27 Jul 2010 , 2:04am
post #4 of 17

The fair should have written descriptions for every category/class for entries:
beginner,advanced, etc. That's the only fair way for someone to know where they "fit". Usually, if you meet even one of the requirements in a higher class, you need to enter that class.

They should have given you the option to move up to a category that allowed for selling cakes, if such a category exists.

I've entered many competitions and the rules are ALWAYS different. I have legitimately qualified as an amateur in one because I don't sell my cakes, but have had to enter as a Professional in another because I have had over 120 hours of instruction.............go figure.

I wish this was more standardized, but I wish that for women's clothing sizes, too, and I doubt that I'll ever live to see it.........

Rae

Jeep_girl816 Posted 27 Jul 2010 , 2:27am
post #5 of 17

I just pre-registered for my local county fair and they just lump everyone together, talk about really being unfair...

Juneclever Posted 27 Jul 2010 , 3:48am
post #6 of 17

I agree that the rules should be more defined. I had questioned the professional title 2 weeks before the fair and was told that it was reviewed by a couple of board members and that they considered a licensed cake decorator that sold cakes for a living. I could not live on what I make selling an occasional cake. The category was Open class (not a 4H member), Fair theme cake (no professionals). I am happy to know that now I am a professional with no pastry or cake decorating schooling. But any way the kids where my daughter works (manages a large day care center) will be thrilled tomorrow when they see my cake and can eat it!! (Oh, by the way I think commercial bakery is like a chain type of bakery or business--of course I could be wrong--look what happened to me today!)

korkyo Posted 27 Jul 2010 , 10:50pm
post #7 of 17

I get a similar thing when I enter cake contest. I've done cake for 25 years in retail so that puts me in the master catagory. That does not mean I'm a master. At the time I had not been doing any of the advanced work. icon_smile.gif

Loucinda Posted 27 Jul 2010 , 11:00pm
post #8 of 17

Watch out for the fairs that just lump everyone together. I entered a cake that I spent hours and hours on to be placed 3rd behind cakes that looked like a 6th grader did them (they were even on plain cardboard boards!). The judges reasoning was "it was obvious this person was a professional and we don't want to discourage the amateurs from entering" DUH....I did get the last laugh though from everyone that looked at them. I heard over and over that the judge must have lost her mind when judging those cakes. That was the most UNFAIR judging I have ever seen. Lesson learned! No more fair cakes here.

Elcee Posted 27 Jul 2010 , 11:03pm
post #9 of 17

Yeah, all competitions are different. My county fair just has adult and youth divisions (but it's a stinky little fair...yes, I'm bitter icon_smile.gif ). My state fair has everyone lumped together but the rules clearly state that the competition is only for amateurs and they consider an amateur someone who has never earned $ for a cake (profit or not) and does not work in the food industry in any way, shape or form. In the competiton that my state ICES chapter hosts I am considered an intermediate based on number of years experience and number of hours of instruction. Last year I missed being a beginner by 2 months of experience.

Sweet_Guys Posted 27 Jul 2010 , 11:21pm
post #10 of 17

Our regional 6-county fair specifically mentions that professional class is for those who accept money for their cakes.

Paul

dm321 Posted 28 Jul 2010 , 1:34am
post #11 of 17

It's a really cute cake. Obviously lots of time and energy went into it. Sorry to hear you were DQ'd - especially when you questioned the pro status weeks prior. That's the most unfair part I think...

NoFAIR! thumbsdown.gif

diem~

Juneclever Posted 28 Jul 2010 , 2:03am
post #12 of 17

Thanks everyone for the advice, I also will avoid the county fair from now on. I really don't consider myself a professional, I think that that term is for someone who has been educated in a field and runs a business and lives on the profit from that business. I am a nurse full-time and do mostly cakes for co-workers birthdays, families celebrations, but lately I have done quite a few wedding cakes and sold them. Elcee you made me laugh, yes ours is a stinky little fair also, and it will stay that way with this type of direction.

Elcee Posted 28 Jul 2010 , 11:04pm
post #13 of 17
Quote:
Originally Posted by Juneclever

Elcee you made me laugh, yes ours is a stinky little fair also, and it will stay that way with this type of direction.




LOL, glad I made you laugh...no more county fair for me. I will enter my state fair in September, though.

cutthecake Posted 28 Jul 2010 , 11:28pm
post #14 of 17

Sweet guys,
Is that a Westie in your photo?

Joyfull4444 Posted 29 Jul 2010 , 12:02am
post #15 of 17

Oh ditto on the local fair when it comes to cakes & cuppies! Ours never had decorated cakes, just cake cakes, pies, breads, cookies, bars, pickles, preserves, wines, he usual stuff found at smaller fairs. I'd enter most catagories and win myself a ribbon or two, lots of fun.

Well 4 yrs ago they added decorated cupcakes to the list. I think great, I can enter some cuppies and see how I do! You had to drop off your entries 2 hrs ahead of time for judging. (told you it was a small fair icon_razz.gif )

When they opened the building to the public, we would make a beeline for the tables to see if we'd won a ribbon. Well, I go straight to the decorated cupcakes of course, and to my suprise, I'd won a first place blue ribbon!!

But. reality set in pretty quick as there was only one other entry other than mine.. That entry got a second place red ribbon. Cute cuppies with gummy fish on top, well deserving of second place!

The worst of this story was yet to come.. The decorator of the gummy fish cupcakes comes running up to the table to see if he'd won. "He" was a little boy not more than 7yrs old!!
Geez louise! Talk about feeling like a total smuck. I win over a little boy. How awful is that?
After talking with one of the directors I find they didn't bother with an age catagory cause they didn't think anyone would bother entering decorated cupcakes. How dumb is that when you add decorated cupcakes to the list? True there was only 2 entries but there was decorated cupcakes!

Poor little boy, beat by an old lady.. icon_redface.gif I bet he's still talking about it to this day.
Oh, and my 1st place blue ribbon went in the trash before leaving the building.

Stupid Fair!! thumbsdown.gif

Elcee Posted 29 Jul 2010 , 9:48pm
post #16 of 17
Quote:
Originally Posted by Joyfull4444

Oh ditto on the local fair...Stupid Fair!! thumbsdown.gif




We should start a Stupid Fair Story thread!

Juneclever Posted 29 Jul 2010 , 11:29pm
post #17 of 17

I think that would be therapeutic, my co-workers feel: "I should let it gooooo", I agree, but it is easier said than done. I found out a little more about the judging situation today: It seems that someone (I know and felt was my friend) ran down to her purse in the office and produced one of my cake cards (this proves that I am a professional--does she realize that any one can make a business card now days). But any hooo I am sure that there are more politics behind this, I think that some in that family won the Grand Champion Award. I think that God can straightened this out, I am sure of it. But it is fun complaining about it, isn't it??

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