What do you mean about the authorities??

Sorry. .three kids later I'm much slower than I use to be. . .LOL

I get what you're saying though about us making cakes. . .not a big deal I suppose. Most crazy people don't stalk cake makers as their targets. LOL

Here is the verbiage for what the label has to contain and is about the same at other states with cottage laws:

A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:

(a) The name and address of the cottage food operation.
(b) The name of the cottage food product.
(c) The ingredients of the cottage food product, in descending order of predominance by weight.
(d) The net weight or net volume of the cottage food product.
(e) Allergen information as specified by federal labeling requirements.
(f) If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements.
(g) The following statement printed in at least 10-point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Florida's food safety regulations."

I wouldn't worry too much about having to put your address on the label, as it is already public knowledge and available to anyone to wants to find you, it is very difficult to keep it confidential. HTH

ETA: (7)(a) The department may investigate any complaint which alleges that a cottage food operation has violated an applicable provision of this chapter or rule adopted under this chapter.
(b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this chapter and department rules, as applicable. A cottage food operation's refusal to permit the department's authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to s. 500.121.

All of this verbiage is directly quoted from CS/HB7209

@LINEDANCER: That is super helpful! Thank you for that information. One more question. . .it says "Prepackaged" food. How does that pertain to our cakes? Some cakes fit nicely in a cake box and can easily affix labels to them. . .but larger cakes won't fit in cake boxes so how would we handle those situations?

I would ask your local health dept., assuming that is who will regulate the law at the local level. I do know that others who live in states that have cottage laws requiring prepackage and labeling, say they make sure the info is left with the cake or is in the contract. I think we are going to have a few "growing pains" in FL before this all works properly.

Due to the packaging and labeling, does that mean that those that bake from home are restricted from making wedding cakes and delivering them to venues?

For wedding cakes (in MI), we have to include the labeling info on the invoice when delivering the cake. As far as packaging goes, it just needs to be in a box(es).

Email communication is ok after the initial order is placed, which has to be face to face.

It would have been nice for the bill to be a little more specific in verbiage. It seems to be left up to interpretation, which anyone can spin it however they want to suit themselves.

I really take issue with commercial cake businesses having to be inspected, licensed, and food safety certified but a homebaker does not have the same requirements. It should be the same across the board whether you bake out of a commercial kitchen or a residence. You put the public equally at risk, and I just don't get it. I'm sure my opinion isn't the popular one, but it needs to be said. It's just not right. I think everyone should have an opportunity to start a business, but they all should have the same rules as well.

Actually, home bakers still have to follow the same rules. They have to follow their state's food law for food safety, labeling, adulteration and other provisions that their food law makes. They still have to follow their local regulations regarding businesses out of their home (which can be more strict!). They still have to follow proper tax requirements. Cottage Food businesses are actually much more LIMITED than commercial cake businesses.

Some examples:
1. In some states (MI included), there is a cap on the gross sales. $15,000 here. That's gross sales, no matter how many expenses you have.
2. Many venues won't allow home based, unlicensed vendors for weddings and such.
3. While commercial bakeries can accept orders online, Cottage Food bakers can't.
4. Cottage Food bakers can't use perishable fillings. They must be shelf stable, and no need for refridgeration. So...their options can be limited.
5. Some people can't sell out of their home, period. But they can bake out of their home. They must have a stand, Farmer's Market, or the like. They can't even deliver!

I'm sure others can chime in on more limits placed on Cottage Food bakers.

The Cottage Food laws provide a jumping off opportunity to START a business. That's their point. The public is made FULLY aware of who they're buying from, where the food is coming from and what is in it. Following the rules from the beginning keeps problems from occuring.

With home bakers not being required to be inspected, who exactly is going to monitor these things you mention? No one... Seems to be more of an honor system thing. There isn't going to be anyone from the Dept of Ag policing this anymore than they policed unlicensed bakers prior to the Bill. No one will know if they are reporting income, paying taxes, or practicing food safety.

So...you'd rather blame the bill/new law, rather than the people who want to cheat, and damn the people who want to follow the rules to start an honest business along with them?

Hey...your opinion and you're welcome to it...but in a world where the economy sucks, I'm all for giving people an honest start. They're not going to benefit more by being home based vs commercial.

Sorry, but I have to strongly disagree. I've been in this business a long time, and yes, home bakers will definitely benefit more. I can't even comprehend how you think they would not. If tha wasn't the case, they wouldn't have pushed for this Bill to begin with.

They're benefitting because they can open their business. It gives them a chance. People who have been out of jobs can work in their homes and make money to pay for those homes. THAT is a reason why the Bill was pushed. Not to cheat cake shops out of money or anything remotely nefarious.

You have nothing to be concerned about as far as your business goes; they won't be a threat if you've developed a good reputation, solid business and great cakes. I've actually done the research on both sides. Home bakers will not benefit more based on the information I gave you in a previous post. They DO have more limits. Maybe less overhead, but in the grand scheme of it all, that won't be much of a benefit.

Back to the original: Since the Bill isn't a law yet, there's no telling what, exactly, the provisions will be until it's signed into law. Once that is "live," the information will probably be fully available in a more digestable form, and there will likely be people to answer questions regarding the new law.

With all due respect, you don't even live in FL so I don't think you can really speak on behalf of commercial buinesses here or how things are or are not. I live it everyday and have a very good handle on what is and what isn't in Florida.

There's really no need to feel offended or threatened. You're obviously upset because you think that people get to "cheat" their way through something you worked very hard to get. I understand that, because I've dealt with that in another form of business in my own life. There will more than likely be people who work just as hard as you who want to better their lives, who take this different route to achieve it. If you keep doing what you're doing, you won't have anything to be concerned about.

Ok I'd like to jump back into this if I may, this thread was suppose to be to help each other understand and get infomation to one another to understand the new laws, and not to bash or accuse or blame anyone of anything. We as a state (Florida) women & men cakers helping one another... just saying we can all use a little kindness. Let's stick to the OP and work as a team and lindancer thanks for your post!

@tcakes:

One tactic (for those with commercial kitchens in FL) could be to preemptively contact venues in your area and discuss whether or not they will allow food into the venue from vendors licensed under the CFL. Considering all food made under the CFL must be labeled "not inspected by health dept" I wouldn't be surprised if venues decided not to allow deliveries from cottage food vendors.

I definitely understand where you're coming from, and I'm sure there will be an adverse effect on existing businesses as CFL bakers enter the market and undercut on prices, but if you focus on your core business and your competitive advantages you should be fine in the long run. Part of that might require educating customers on the differences between your business and a CFL business.

@crazboutcakes: I agree. . thank you for pointing that out. .everyone's entitled to an opinion, but let's keep this post open for what we intended it. Information for those of us that need it.

First of all: I did say you were entitled to your opinion from the beginning.
Second: Everyone IS held to the same standards. They may not follow them. It happens in licensed places too. There are some seriously NASTY commercial businesses out there.
Third: You brought up that Home Bakers would "benefit" more than commercial bakers. Benefits have nothing to do with standards. Standards are how to run the business - something that they're held to...benefits are "benefits of" or positives of running said business. Both types of business must meet certain standards, and both types of businesses have different benefits.
Fourth: I had no need to make assumptions about anything. It's pretty clear that you feel the way you do. Certain keywords were a tip off...including the assumption that a home business would "benefit" more than yours and the statement that you couldn't comprehend how I thought that they wouldn't. I had already explained how they couldn't. Then, you added the statement about how I don't live in Florida and, basically, don't know what I'm talking about. I wasn't speaking "in behalf of commercial business" as you stated. Not a bit. I just said that YOU had no problem. You make great cakes. I'll say it again - you'll have no problems!

Again, until the Bill is made a Law, the point is moot. There could be many changes between now and then. How do I know? Because my state's already been through this! It's taken a year to finally have a comprehensive webpage available on our Department of Agriculture page, and it includes new information that I didn't know.

Well, Hello Everyone, I just finished reading all the posts and all I can say is WOW. First of all I want you to know I just got off the phone with the Legislative Administrator in Tallahassee and the bill has not come down from the House and Senate yet. They are expecting to get more bills this Wednesday and she told me to call her on Thursday to see if the CS/HB 7209 has been delivered.

All I can say is WOW, WOW, everyone here is really reading into this bill. First of all a $15,000 business is no were near any threat to anyone even if you don't claim all your sales. The state of Florida is giving you a chance to start a business and if it grows than you can move to a commercial kitchen or rent retail and FOLLOW the FOOD ESTABLISHMENT rules and regulations.

Yes you can advertise your business on the internet via a website the bill states you cannot sell product, i.e. shopping cart, shipping products to a customer. I don't understand how you don't understand this, the bill does not state anything about not being able to advertise on the net. Advertise and Sell have two different meanings.

You do not need to have your home inspected or licensed Cottage Food is EXEMPT all you need is a business license from the town you reside in. You DO NOT need to contact a Building Planner. You DO NOT need to contact the Health Dept. The legislation has made this bill so simple and you all are just READING way too much into it.

If your cake does not fit into a box than include the ingredient information with the contract or invoice. I'm sure you all watch WETV amazing wedding cakes they all box their cakes. Your making this way more difficult than it needs to be. Just read the bill as it is and do not second guess it or read more into it than what it says.

I also recommend don't waste your time calling any Dept in Tallahassee until the bill is signed and goes into effect. They cannot tell you anything until that bill is signed. The dept to contact will be Dept of Agriculture.

I have been the one that took this bill to were it is today and it makes me sad to see so much confusion from everyone.

Ok, it seems that everyone wants to be argumentative to what the real law says and obviously,a few have your own opionons on this subject and KrazyAboutCake you have been fantastic regarding giving us the proper information regarding the CFL.

So I guess at this point what I am going to ask of those of us that don't wish to argue about anything and help one another to just PM one another to give info and up dates on things you find out about and leave this post for the ones that can't seem to get past that the OP questions.

Appearently those who feel that it's not fair or un eithical, and those who want to contact venues in the area so be it, do what you feel will float your boat.... if you think that will make you happy than fine I will be more than happy to send you a list of what is in my area! Wether you like it or not, there are many creative people in this world and you are not the only one!

The STATE says we can that's it like it or not! No argument no decussion, no harassments, and if this is your way of being a "perfessional" I guess I'll take my down to earth.. to each his own... attitude anyday. To those that want to have a professional conversation, please PM me. Thank you