Florida Cottage Food Act Update

Decorating By KrazyAboutCake Updated 26 Feb 2015 , 12:27am by ibspunky

kelleym Posted 16 Dec 2010 , 1:02am
post #61 of 223
Quote:
Originally Posted by jasonkraft

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Originally Posted by kelleym

Incubator or other types of commerical kitchens are fine for some, but they are impractical or impossible for those caring for children or anyone else who requires 24-hour care.


People who have to care for children work at offices all the time, I don't see how this situation would be any different. It may not be easy, but it's certainly possible.



Yeah, but when you work in an office, someone is paying you.

When you rent a kitchen, you pay them. Then you pay for someone to watch your kids while you pay to rent a strange kitchen, when you have a perfectly good kitchen at home.

Have you tried running those numbers to see if you could make a profit?

KrazyAboutCake Posted 16 Dec 2010 , 1:38am
post #62 of 223

So Jason since you are from California and not Florida, what are the laws in CA? Iknow you can't bake and sell from your home. Can you use commercial kitchens? Are the incubator kitchens popular in CA? If you noticed most of the states that do have the Cottage Food Act implemented started on the east coast and slowly working West. Utah, New Mexico and Washington are pretty darn close to CA. CA could be nexted.

Alabama, Georgia, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming.

jason_kraft Posted 16 Dec 2010 , 1:40am
post #63 of 223
Quote:
Originally Posted by kelleym

Yeah, but when you work in an office, someone is paying you.



Not necessarily. Many entrepreneurs start companies while raising kids, and they have to both rent an office and pay for day care, all while not yet having a viable product. Sometimes they make it, and sometimes they don't...no one ever said starting a business was easy.

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Have you tried running those numbers to see if you could make a profit?



I probably wouldn't be able to make a profit in that case, which is why I would look for a different line of work if I didn't find a reasonably priced, convenient rental kitchen.

kelleym Posted 16 Dec 2010 , 1:44am
post #64 of 223
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by kelleym

Yeah, but when you work in an office, someone is paying you.


Not necessarily. Many entrepreneurs start companies while raising kids, and they have to both rent an office and pay for day care, all while not yet having a viable product. Sometimes they make it, and sometimes they don't...no one ever said starting a business was easy.



It's not easy, but the government shouldn't make it HARDER than it has to be.

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Have you tried running those numbers to see if you could make a profit?



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I probably wouldn't be able to make a profit in that case, which is why I would look for a different line of work.



I see, people with young kids should do something else. Well, I understand more about your position now.

ETA: Jason, you should stop editing your posts. It makes it look like you don't stand by what you wrote in the first place. It's also virtually impossible to have a conversation with you if you keep retroactively changing what you said.

Nellical Posted 16 Dec 2010 , 3:18am
post #65 of 223

Just to jump in here, the DACS inspector that inspects our bakery comes about every three months which I was told by the bakery owner whose bakery we were considering buying last year is the normal schedule. It has been our experience that he shows up about 10 to 12 weeks after the last inspection. So 2 and a half months, maybe three months between visits. Nice guy. Very strict but that's ok.

As to the situation with children, I have three grown children so I know what that is all about. Some of the time I worked, some of the time I didn't. I don't buy into the whole whiny bit about not being able to work if one has kids. They go to school so there are lots of hours one can work in a bricks and mortar bakery and learn the real business. Sorry but that one doesn't fly with me at all.

jason_kraft Posted 16 Dec 2010 , 3:21am
post #66 of 223
Quote:
Originally Posted by kelleym

It's not easy, but the government shouldn't make it HARDER than it has to be.



I agree.

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I see, people with young kids should do something else. Well, I understand more about your position now.



False dichotomy, please reread my post. I said that in that situation (where day care would be necessary) I would look for a different line of work, because I wouldn't feel comfortable paying for day care and renting a commercial kitchen, especially given the relatively thin profit margins for low-volume bakers.

We actually have a kid on the way (due in March). While we are shutting the business down for a few months, we are committed to continuing with the business, even though my wife will be at a commercial kitchen for 12 or so hours every week. Since we won't have to pay for day care, I don't think we'll have a problem maintaining profitability.

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ETA: Jason, you should stop editing your posts. It makes it look like you don't stand by what you wrote in the first place.



The only reason I edit my posts is to clarify what I already said, never to change my position. You will notice that most of my edits take place before there is a reply (which is why there is no "edited" message in the post). I'm sorry if that makes things more inconvenient for you, but you are free to edit your posts as well. icon_smile.gif

jason_kraft Posted 16 Dec 2010 , 3:26am
post #67 of 223
Quote:
Originally Posted by KrazyAboutCake

So Jason since you are from California and not Florida, what are the laws in CA? Iknow you can't bake and sell from your home. Can you use commercial kitchens? Are the incubator kitchens popular in CA?



Commercial home baking is not legal in CA, and there are a few incubator kitchens (including a very popular one in SF), but most of the kitchen rental facilities in my area (San Jose) are private.

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If you noticed most of the states that do have the Cottage Food Act implemented started on the east coast and slowly working West. Utah, New Mexico and Washington are pretty darn close to CA. CA could be nexted.



I would be very surprised if the CA state govt passed a cottage food law any time soon, they can't even agree on a budget. The best bet would probably be a voter proposition, but that's a pretty big hurdle.

Larkin121 Posted 16 Dec 2010 , 4:00am
post #68 of 223
Quote:
Originally Posted by KrazyAboutCake



Alabama, Georgia, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming.




Washington State? Are you referring to home based baking here? WA does not allow home baking for profit in any form. A kitchen must be entirely separate from living quarters and fully commercial. I have spent a ton of time researching this and on the phone, etc. I start my commercial kitchen rental next month. Just wanted to clarify that in case anyone reads this from WA and gets excited for nothing.

kelleym Posted 16 Dec 2010 , 4:41am
post #69 of 223
Quote:
Originally Posted by Larkin121

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Originally Posted by KrazyAboutCake



Alabama, Georgia, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming.



Washington State? Are you referring to home based baking here? WA does not allow home baking for profit in any form. A kitchen must be entirely separate from living quarters and fully commercial. I have spent a ton of time researching this and on the phone, etc. I start my commercial kitchen rental next month. Just wanted to clarify that in case anyone reads this from WA and gets excited for nothing.



Also, New Jersey is a solid no, although some ladies there are trying hard to get something going. Same for Maryland.

KrazyAboutCake Posted 16 Dec 2010 , 11:39am
post #70 of 223

There is a website http://homebasedbaking.com/knowledgebase/cottage-laws called Home Based Baking and Denay is and has been gathering information regarding Cottage Food Acts in different states. You can go to here website and become a member and find out all types of information.

I know some fellow bakers are against this law but, at least we want to do it legally so I don't know why so many get upset. We want to be inspected, pay for the fees, licensing etc. The alternative is doing it under the radar and not pay for fees and licensing and inspections now that would be a reason to be upset. At least I would like to be legal.

Some of the states that I leasted either have the law in place, can be limited to how much they can sell or can only sell at Farmers Markets. I just found out that Florida has legal farmers markets when I checked out the site to were you can sign up I didn't see anything about baked goods. It can be so confusing I guess that is why our government can't decide on anything.

tcakes65 Posted 16 Dec 2010 , 12:20pm
post #71 of 223
Quote:
Originally Posted by KrazyAboutCake

There is a website http://homebasedbaking.com/knowledgebase/cottage-laws called Home Based Baking and Denay is and has been gathering information regarding Cottage Food Acts in different states. You can go to here website and become a member and find out all types of information.

I know some fellow bakers are against this law but, at least we want to do it legally so I don't know why so many get upset. We want to be inspected, pay for the fees, licensing etc. The alternative is doing it under the radar and not pay for fees and licensing and inspections now that would be a reason to be upset. At least I would like to be legal.

Some of the states that I leasted either have the law in place, can be limited to how much they can sell or can only sell at Farmers Markets. I just found out that Florida has legal farmers markets when I checked out the site to were you can sign up I didn't see anything about baked goods. It can be so confusing I guess that is why our government can't decide on anything.




To say that your only other alternative if the Food Cottage Law doesn't pass is to bake illegally from home is absolutely RIDICULOUS!! And you wonder why some of us do not support this or you? You have your answer. You DO have another option and that is to follow the current Florida State law. That means you do not bake illegally from home. If you do not have the ability to start a business under the current law, then the present alternative is to bake strictly for family and friends and not sell your goods to the public. It isn't that difficult. The law is the law, and you are not above the law. Simply put, follow it like any other law.

kelleym Posted 16 Dec 2010 , 2:11pm
post #72 of 223
Quote:
Originally Posted by KrazyAboutCake

There is a website http://homebasedbaking.com/knowledgebase/cottage-laws called Home Based Baking and Denay is and has been gathering information regarding Cottage Food Acts in different states. You can go to here website and become a member and find out all types of information.



The information is not correct. New Jersey and Maryland do not have any type of cottage food law.

I try very hard to stay on top of this issue, and by my count, the number of states with cottage food laws is 17, with two of those specifically restricted to farmer's markets only.

http://texascottagefoodlaw.com/Facts.htm

tcakes65 Posted 16 Dec 2010 , 2:16pm
post #73 of 223

Kelleym, is Indiana restricted to farmer's markets?

LaWmn223 Posted 16 Dec 2010 , 2:46pm
post #74 of 223

I recently sent an email to the Alabama state health dept. in Montgomery, asking them to clarify Alabama's version of a "Cottage Law"

This is directly copied from the response email:
A food service permit is required to operate any establishment that prepares and sells food to the general public. The Alabama State Board of Health has adopted the 2005 FDA Model Food Code. Residential home kitchens do not meet the requirements of the food code and cannot be permitted.
Alabama does have exemption that allows some non potentially hazardous foods, such as baked goods, to be sold at state sanctioned farmers markets. The consumer must be notified by a sign or label that the product has not been inspected by a regulatory authority.

kelleym Posted 16 Dec 2010 , 3:04pm
post #75 of 223
Quote:
Originally Posted by MCC

Kelleym, is Indiana restricted to farmer's markets?




Technically it's restricted to "farmer's markets and roadside stands", although apparently many individual county health departments are interpreting the law in a way such that they define your home as a roadside stand. There's a whole other thread about that here in the business forum somewhere...

TPACakeGirl Posted 16 Dec 2010 , 4:55pm
post #76 of 223

[/quote]just went back and read all the comments and I overlooked this one. I was bought up respecting all kinds of law enforcement and to read this it just makes me sick!
TPACakeGirl, so you are in Law Enforcement, you stated that you know you are doing something illegal and will continue to do so. You are sworn to uphold the law and yet you seem to think the law that applies to me does not apply to you!
icon_eek.gif
What makes you so special? The gun? The badge? No one is above the law! No judges, not you!
How dare you come here to this forum and post that you are in law enforcement and yet you don't have to follow the same laws you are sworn to protect?

Am I the only one that sees anything wrong with this picture? icon_mad.gif[/quote]



I never said I was above the law. I didn't even realize what I was doing was wrong when I started doing it, because local law enforcement does not handle or police this type of activity. I only came to know of this because of this board. And I do plan to keep baking because I enjoy it. And if I get caught, I 100% expect to pay the consequences as anyone else would. But in the grand scheme of things, I doubt the 2 or 3 cakes I make per month, for friends and family, that I don't make a profit from, are going to really be that much of a concern to anyone.

And, I'm not saying I want to have an illegal business. If I could work from home and get the licensing, I would. But that option is not available to me.

tcakes65 Posted 16 Dec 2010 , 5:02pm
post #77 of 223
Quote:
Originally Posted by TPACakeGirl


just went back and read all the comments and I overlooked this one. I was bought up respecting all kinds of law enforcement and to read this it just makes me sick!
TPACakeGirl, so you are in Law Enforcement, you stated that you know you are doing something illegal and will continue to do so. You are sworn to uphold the law and yet you seem to think the law that applies to me does not apply to you!
icon_eek.gif
What makes you so special? The gun? The badge? No one is above the law! No judges, not you!
How dare you come here to this forum and post that you are in law enforcement and yet you don't have to follow the same laws you are sworn to protect?

Am I the only one that sees anything wrong with this picture? icon_mad.gif[/quote]



I never said I was above the law. I didn't even realize what I was doing was wrong when I started doing it, because local law enforcement does not handle or police this type of activity. I only came to know of this because of this board. And I do plan to keep baking because I enjoy it. And if I get caught, I 100% expect to pay the consequences as anyone else would. But in the grand scheme of things, I doubt the 2 or 3 cakes I make per month, for friends and family, that I don't make a profit from, are going to really be that much of a concern to anyone.

And, I'm not saying I want to have an illegal business. If I could work from home and get the licensing, I would. But that option is not available to me.[/quote]

WOW! icon_eek.gif

jason_kraft Posted 16 Dec 2010 , 5:28pm
post #78 of 223
Quote:
Originally Posted by TPACakeGirl

If I could work from home and get the licensing, I would. But that option is not available to me.



If only there was another viable legal option, such as not accepting compensation for cakes made from home. But I wouldn't worry, your only crime is violating the law. icon_wink.gif

BTW you may want to take down your pictures of cakes with copyrighted logos and characters (unless you received prior permission from copyright holders).

TPACakeGirl Posted 16 Dec 2010 , 5:41pm
post #79 of 223

Actually, I made all those cakes for free. I didn't receive a dime, so there's no violation.

WineHouse Posted 16 Dec 2010 , 5:47pm
post #80 of 223

WOW, I can't believe how harsh you are all being. We should be thankful was what jobs we have now, an we should be helping each other and supporting. I am a commercial kitchen, but I am excited to have the "Cottage Food Act" pass. I know of some GREAT cake decorators that do beautiful cakes from home and this act would help them out greatly.

Seasons Greetings!

jason_kraft Posted 16 Dec 2010 , 6:21pm
post #81 of 223
Quote:
Originally Posted by TPACakeGirl

Actually, I made all those cakes for free. I didn't receive a dime, so there's no violation.



If you're referring to the copyrighted cakes, they still hold value to promote your business, and you are still violating copyright even if you do not accept compensation (for example, a copyright owner could argue for damages in terms of lost sales). The risk of getting caught is pretty low, but it's still a risk. Just an FYI.

kelleym Posted 16 Dec 2010 , 9:10pm
post #82 of 223
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by TPACakeGirl

Actually, I made all those cakes for free. I didn't receive a dime, so there's no violation.


If you're referring to the copyrighted cakes, they still hold value to promote your business, and you are still violating copyright even if you do not accept compensation (for example, a copyright owner could argue for damages in terms of lost sales). The risk of getting caught is pretty low, but it's still a risk. Just an FYI.



Unless you're somehow viewing her website, which I don't see a link to, then I assume you're referring to her photos here on CC. Posting a photo in your CC gallery is not, in my opinion, "promoting your business". I also have photos of character cakes posted in my gallery, which I specifically do not post on my personal web site for the reason you mentioned. I post them on CC to share them with other cake artists. I think TPACakeGirl is going to be ok.

enchantedcreations Posted 28 Dec 2010 , 7:05pm
post #83 of 223

Hey Barbara, I support you!!!!!! Jason, I think you just like to hear yourself argue. LOL.

cvancaster Posted 2 Jan 2011 , 1:47am
post #84 of 223

Thanks Barbara for your work - I can't wait to find out what happens....

Enjoy 2011!

cvancaster Posted 2 Jan 2011 , 1:49am
post #85 of 223

Thanks Barbara for your work - I can't wait to find out what happens....

Enjoy 2011!

KrazyAboutCake Posted 8 Jan 2011 , 2:45pm
post #86 of 223

Hello Everyone,
I wanted to share an email I received yesterday from the Florida Speaker of the House of Representatives. I believe that we will be able to bake from home legally very soon. See below:

Thank you for your recent email regarding the legalization of the sale of home baked goods, such as cakes and cookies. I appreciate you taking the time to share your thoughts and concerns on this important issue.

Entrepreneurs like yourself are critical to Florida's economy and we must do everything we can to remove unnecessary regulations. The review of regulated businesses and professions is one of my highest priorities for the upcoming two years as Speaker of the House of Representatives.

I firmly believe that limiting government will empower the private sector to compete to meet the needs of our citizens. The first step in moving toward economic freedom is to eliminate or reduce regulations that hinder competition and consumer choice.

As Speaker of the House, I assure you that I and my colleagues will work diligently to eliminate regulation of safe, common occupations which does nothing but insulate established businesses from competition. The Business & Consumer Affairs Subcommittee will begin a thorough review of regulations at its meeting next week, and this will remain a high priority for that subcommittee and the full House.

Once again, thank you for contacting me about your situation.

Sincerely,

Dean Cannon
Speaker

kelleym Posted 8 Jan 2011 , 2:58pm
post #87 of 223
Quote:
Originally Posted by KrazyAboutCake

Hello Everyone,
I wanted to share an email I received yesterday from the Florida Speaker of the House of Representatives. I believe that we will be able to bake from home legally very soon. See below:

Thank you for your recent email regarding the legalization of the sale of home baked goods, such as cakes and cookies. I appreciate you taking the time to share your thoughts and concerns on this important issue.

Entrepreneurs like yourself are critical to Florida's economy and we must do everything we can to remove unnecessary regulations. The review of regulated businesses and professions is one of my highest priorities for the upcoming two years as Speaker of the House of Representatives.

I firmly believe that limiting government will empower the private sector to compete to meet the needs of our citizens. The first step in moving toward economic freedom is to eliminate or reduce regulations that hinder competition and consumer choice.

As Speaker of the House, I assure you that I and my colleagues will work diligently to eliminate regulation of safe, common occupations which does nothing but insulate established businesses from competition. The Business & Consumer Affairs Subcommittee will begin a thorough review of regulations at its meeting next week, and this will remain a high priority for that subcommittee and the full House.

Once again, thank you for contacting me about your situation.

Sincerely,

Dean Cannon
Speaker




thumbs_up.gif

Cristi-Tutty Posted 8 Jan 2011 , 3:03pm
post #88 of 223

"Entrepreneurs like yourself are critical to Florida's economy and we must do everything we can to remove unnecessary regulations. The review of regulated businesses and professions is one of my highest priorities for the upcoming two years as Speaker of the House of Representatives."

Thank you!!!

mickey35 Posted 26 Jan 2011 , 6:45pm
post #89 of 223

Hello everyone, I'm a home baker as well and I'm in the process of building a rental commercial kitchen in Ft. Lauderdale, Florida. I'm monitoring this issue very closely as it will cause a lost of my investment if passed.

jason_kraft Posted 26 Jan 2011 , 7:21pm
post #90 of 223
Quote:
Originally Posted by mickey35

Hello everyone, I'm a home baker as well and I'm in the process of building a rental commercial kitchen in Ft. Lauderdale, Florida. I'm monitoring this issue very closely as it will cause a lost of my investment if passed.



Not necessarily. If the cottage food law has restrictions on the maximum sales a home business can have there should still be a good market for businesses who have outgrown their home kitchen or have reached the sales cap. You may want to weigh in with your local/state representatives with your concerns.

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