First of all, what I want to do is sell cupcakes at a bbq event the night before the contest at a People Choice event. There will be vendors there. I bake out of my home.

I know this county allows home baked goods to be sold at Farmers Market. I also realize that I then have to list all of my ingredients. I know this can be tricky when listing milk and eggs. I want call the health department, but I don't want to raise any red flags from the start. When I speak to them, it's going to be obvious what event I'm talking about that I want to sell at and I know they will already be there looking at the vendors.

Is there any other way than going thru the health dept. Can I just ask for donations or tips? I'm only wanting to get a $1 per cupcake.

Well if you're asking us how to help you evade the law, then you're not likely to get much help here.

You said the HD is going to be at the event, so obviously they're going to see you and "ask for your papers." If you're not legit, they'll shut you down and you will have made all those cupcakes and not be able to sell them at all.

$1 per cupcake is not a nice thing to do to others in the cupcake business. It's never a good idea to go into an event planning to undercut others on price. I don't even know what cupcakes sell for at events in KC, but I do know that it's not likely to be $1.

And no you can't ask for donations or tips. An exchange of $ for product is selling and that = business which means you must follow the rules.

I am a little confused. You said that you are allowed to sell home baked goods at Farmer's Market. Can you also sell them at other events? I would check with your health department. Maybe you would just need a permit. I wouldn't try anything illegal. Not only would it be embarassing and you would be out all the money spent on the cupcakes but people would remember that and it would give you a bad reputation of not doing things the right way.

The health department is the G-d of the food making world. No way to get around that.


Another question...How do school bake sales gets away with selling donated baked goods? I've always wondered this. My daughter's school is constantly having bake sales...Parents are asked to donate cakes, cupcakes, cookies, brownies, etc. Then the school sells the items for money for the school...This is a private school, by the way.

As for bake sales, I can tell you here in my county in NY they are banned. Have been for years now. And for this very reason too. This pertains to private and public schools.

Bake Sales are illegal in most areas. They are just so low key that they go unnoticed/no one cares. But not legit.

To the original poster: I am unsure how contacting the Health Dept to ensure you do things properly would raise red flags...unless you aren't. In which case I recommend you do!

In our area, if you sell, you must meet all requirements. Even if you give away, you must attend a food safety class and set up your stall within code, just like everyone else. The HD is there to check temps and sanitary conditions.

Trying to circumvent the law coupled with undercutting legit businesses is a good way to get yourself turned into the HD and the IRS. If someone reports you, and they will, you will be shut down before you start.

our health codes are such that a person is not allowed to even give away food in a public setting that isn't prepared in a commercial kitchen. No money even needs to exchange hands, if you want to give away food it needs to be commercially prepared. They will stop you if you make sandwiches at home and pass them out to the homeless in the park.

Bake sales are different because the food is designed for a private audience and are to benefit a religious or non-profit organizations.

definitely look into your health codes in your county.