And BTW the contract here is not enforceable -- it would require one party (the vendor) to engage in illegal activity and thus the entire contract would be null and void.

I hadn't actually thought of this before, but it's another good reason to make sure you are operating legally. If you are not, your customers can void their contracts at any time.

This lady has been communicating for a year for a cake and still hasn't signed the contract or paid anything towards it, doesn't that tell you something? Isn't it normal to secure your date with a deposit and signed contract. I normally ask for 50% of the payment on signing and the balance a month before the event.

[quote="jason_kraft"]

OR D. Find a legal kitchen and make the cake.

How many people go to a wedding asking if the person who made the cake was a "legal" baker? Many times, the person who makes the cake is a friend or a referral from another event. I understand legal is legal but has anyone known of anybody who has gotten sick from a wedding cake?? It's more than likely someone would've gotten sick from the food they ate and not the cake and either way it would be hard to prove. I do cakes for family & their friends, family; no charge, friends I do. I also donate cakes to a charity. I realize that those of you who have opened bakeries as well as put additions onto their homes made alot of sacrifices financially but there is so much business to go around and competition with the Costcos, Sam's Club, big grocery store chains, etc. that making a cake once in a while should be no big deal. I believe that the OP should make the cake IF she gets paid in full before the event and if she wants to make a true business where she is getting alot of orders, then she will have to decide whether it is feasible or financially worth it to pursue making it more than just a hobby. Let's face it, to try & find a good, reputable bakery at the height of wedding season can be very difficult. To leave a bride/customer hanging a month before the event is not in my humble opinion a good idea. Her name will get out there as a baker that can't be trusted to deliver and that could be worse. Word of mouth can be your best and also your worst form of advertising. Why can't you legals give hobbyists a break. Some hobbyists are making cakes as a form of some extra income for their family especially if she/he is a single parent trying to raise kids and /or they have lost their jobs in this economy. Come on, have a little heart and don't be so judgemental and harsh. It goes a long way to make people feel welcome here and not feel alienated. AS I said before, there are already TOO many discussions on the topic and some compassion and understanding need to be expressed forom this community. I will not respond to any other negative posts, I am now off my soap box. Lol Thanks for listening.

You're right that the risk of someone getting sick from a cake is pretty low. The risk of getting sick from catered food is higher but still low. But if someone does get sick and decides to sue, they will probably end up suing the venue and all food vendors at the event. If you are unlicensed and do not have liability insurance, you will be on the hook for paying the full cost of your legal defense out of pocket (could be thousands of dollars right there, even if you win), plus any judgment or settlement (in a serious case with compensatory damages, lost time, and pain and suffering this could be tens of thousands or more).

The chances of your house burning down is pretty low, but you still have fire insurance, right?

The argument that hobbyists are just trying to generate some extra income to make ends meet doesn't hold water, and in fact it works against you, since any legal issues or fines from operating without a license (or even just being forced to close the business by the health dept) would be especially devastating to a family struggling to make ends meet. For example, if you are hit with a judgment you can't pay and you don't have business liability insurance, you may end up losing your house.

The compassionate thing to do is to provide people with the facts so they can be aware of the risks they are taking by operating illegally. I'm not saying that no one should ever accept compensation for any cake without a license...I wouldn't, but everyone has a different threshold for risk tolerance, and with the facts you can make an informed decision on whether or not you are willing to continue taking the risk or look for more reliable, legal employment.

[quote="kaat"]

I think this is a perfect solution to the problem. There are many churches with legal kitchens that get little use. I don't think it would be difficult to find one, and the church may even let OP use the kitchen in exchange for a cake for one of their own events. Win-win.

This always turns into the hugest debate imaginable.

To the OP...I think it depends on what state you live in. If you live in a state without a cottage food law of some sort, I would probably be too concerned to do the cake.

If you live in a state with easier laws, such as here in PA...frankly, you aren't going to get turned in and fined for one cake. Finish up the order you promised, like KakeLadi said...and then cut it off until you are licensed. Don't leave business cards or advertise or anything like that.

I would definitely tell her that you need your license and allow her to cancel, but if she still wants the cake...just do the cake. And then go from there.

I baked from home a little while before getting my license, but then I live in PA where the laws are pretty easy on it. As a matter of fact, when the Dept of Ag guy was here filling out my paperwork, he asked to see my website so that he could put it in my paperwork. haha. Logically speaking, I should not have had one! But I did...and he was fine with it...no questions or comments...he couldn't care less and told me horror stories of all the horrible stuff he finds in Philadelphia (not home bakers).

So what I'm saying is...it really depends on how your state feels about home baking as to how scared you should be to fill this order. If you live in PA...just fill the order and then get licensed and go from there. If you live in, say, Maryland, then that's another story and I would not do the cake.

BTW, to the posters above... technically speaking, even if you borrow a legal kitchen, you still have to become licensed yourself as a baker running a business....its all the same thing when you are talking about an order coming up in a month.

Must. Not. Post.

I just wanted to add that usually the intent is not to make someone feel bad for operating illegally, it's to inform. I would love if I didn't need to be inspected. I'd love to have a dog. I would love not to spend $500 of my profit on insurance. And honestly, I do think some of the laws go too far (especially states that don't allow home-baking even with an inspection). But I'm so glad I found out about the laws. At first, I wasn't trying to be a "business" it was just a hobby, but I couldn't spend so much money giving stuff away! So I took money. As soon as I found out that was illegal, I had to make a choice - to take the risk of being illegal or not. I knew I had to be legal - not because I thought it was "wrong" or I was doing something "bad" but because it was too risky. I couldn't afford the fines nor could I afford to lose my house, my car, etc. for an occasional cake. To maintain a hobby, all the hoops to jump through and the expense wasn't worth it. So it came down to baking for free vs. becoming legal and running it as a business. I chose the latter.

If someone chooses to operate illegally, that is their choice; however, I would never want someone to make that choice without realizing what it COULD cost them. People are sue-happy. No, it isn't at all likely that they get sick from cake, but they could claim it. They could come to your house for pickup and fall down your stairs. You could have a car accident while delivering and, without business coverage, your auto policy wouldn't cover this.

Sorry for the tangent To the OP, in your situation, I would call the venue - if they will accept a home-baked cake, I would do it for free. Or I would call the Dept. of Ag. and see if they have any opening real fast. That is just my PERSONAL opinion. If you can't do either of those and you're willing to accept the risk, then you could just accept the money for the cake. Depending where you live, the risk could be minimal for doing just one cake.

For goodness sake, use some common sense, it's not like you are going to jail for doing one more order that was promised before you became aware of legalities. People that make mountains out of mole hills have got to be very intense persons. You are now aware that you need license if not in a Cottage Law" state.