Fl Food Cottage & Bridal Shows

Business By tcakes65 Updated 24 Sep 2011 , 1:27am by KrazyAboutCake

tcakes65 Posted 21 Sep 2011 , 5:32pm
post #1 of 13

There was some confusion at a recent bridal show in NE FL regarding home bakers being able to participate in bridal shows. The Dept of Ag was contacted by the show organizers and other vendors. The Dept of Ag stated that home bakers are not permitted to participate in bridal shows under the new food cottage law. Just wanted to pass along the important bit of information for future reference. The verbiage of the law has been vague at best, and this is one aspect that was clarified.

12 replies
DerrellC Posted 22 Sep 2011 , 2:53am
post #2 of 13

Hi TCAKES, I would have the dept of Ag SHOW me ,in writing,where in the the cottage food law it says you can not participate in a wedding/bridal show. Participating in one of those shows amounts to advertising,which is allowed.

Now the show may require you to have a county business license and /or liability insurance but no where in the law do I find anything that says we can'nt advertise in a bridal show. JMHO , Derrell

jason_kraft Posted 22 Sep 2011 , 3:31am
post #3 of 13

Based on this clarifying document from the Dept of Ag, cottage food businesses are allowed to sell from their home, a farmer's market, or a roadside stand.

http://www.freshfromflorida.com/fs/CottageFoodAdvisory.pdf

IMO advertising at a bridal show should not be considered "selling" per se but it seems the Dept of Ag has a different opinion. Either that or the bridal show management is making it up to keep home bakers out.

tcakes65 Posted 22 Sep 2011 , 3:20pm
post #4 of 13

I personally called the Dept. of Ag and received the same response.
The organizers had allowed a home baker to participate in the show. They contacted the Dept. of Ag a day after the show to clarify and were told that home bakers are not permitted to participate in bridal shows. Therefore, the organizers will no longer permit home bakers to participate. The Dept. of Ag stated that the intent of the law was for farmer's markets, not bridal shows. Also, due the the packaging requirements, home bakers are not permitted to hand out samples at a show.

jason_kraft Posted 22 Sep 2011 , 4:50pm
post #5 of 13

The obvious solution would be for FL cottage food businesses to band together and create their own bridal show, which could be registered as a farmer's market.

http://www.florida-agriculture.com/pubs/pubform/pdf/How_To_Organize_Farmers_Market_Brochure.pdf

enchantedcreations Posted 22 Sep 2011 , 5:33pm
post #6 of 13
Quote:
Originally Posted by tcakes65

I personally called the Dept. of Ag and received the same response.
The organizers had allowed a home baker to participate in the show. They contacted the Dept. of Ag a day after the show to clarify and were told that home bakers are not permitted to participate in bridal shows. Therefore, the organizers will no longer permit home bakers to participate. The Dept. of Ag stated that the intent of the law was for farmer's markets, not bridal shows. Also, due the the packaging requirements, home bakers are not permitted to hand out samples at a show.




Where does it state in the law that home baker cannot pass out food at functions? If it's packaged correctly, the home baker is not breaking any law. If I decide to give away my product, that's my decision. If I remember correctly, "bridal shows" are not listed as being excluded. I think perhaps someone doesn't want to be bothered with the home baker business. IMO.

tcakes65 Posted 22 Sep 2011 , 5:50pm
post #7 of 13

Well, you are more than welcome to call the Dept. of Ag yourself. I was only passing along the information. If you choose to ignore it, that is your prerogative. How in the world can you interpret the bridal show policy as anyone not wanting to deal with home bakers? I would say quite the contrary and home bakers have been catered to and embraced. I was passing along the info to prevent any future problems for bakers because it has already occurred here in my city. It is better to be informed and prepared. So take the info or leave it.

enchantedcreations Posted 22 Sep 2011 , 6:00pm
post #8 of 13
Quote:
Originally Posted by tcakes65

Well, you are more than welcome to call the Dept. of Ag yourself. I was only passing along the information. If you choose to ignore it, that is your prerogative. How in the world can you interpret the bridal show policy as anyone not wanting to deal with home bakers? I would say quite the contrary and home bakers have been catered to and embraced. I was passing along the info to prevent any future problems for bakers because it has already occurred here in my city. It is better to be informed and prepared. So take the info or leave it.




Okay, you totally misunderstood my statement. I wasn't implying your information was incorrect or you are wrong. I was stating that I think it's silly for the Dept. of Ag. to split hairs, that's all. And, I didn't mean the bridal show people not wanting to deal with home bakers. I meant the Dept. of Ag. not wanting to get involved with all the home bakers because there are so many of us and it's going to be hard to "police" all of us and keep track. I am a home baker and I'm not challanging those facts. I appreciate you passing on this info. Why are you getting defensive? I stated it was "in my opinion"

tcakes65 Posted 22 Sep 2011 , 6:09pm
post #9 of 13

Thanks! I think there is room for everyone. The law is written vaguely and has soooo many holes in it. I just find that frustrating at times. I just think things could have been more specific and handled better so that bakers don't have to call the Dept of Ag to get info or confirmation on things. icon_biggrin.gif

tgress13 Posted 22 Sep 2011 , 6:40pm
post #10 of 13

Have any of you run into the situation where your city does not allow any baking from home and will not provide an occupational license for it even though the FL Cottage Food Act passed?

jason_kraft Posted 22 Sep 2011 , 7:40pm
post #11 of 13
Quote:
Originally Posted by tgress13

Have any of you run into the situation where your city does not allow any baking from home and will not provide an occupational license for it even though the FL Cottage Food Act passed?



All cottage food laws specifically state that CFL businesses are still subject to local laws, including zoning and licensing at the municipal level, so if the city says no you are out of luck (unless you can successfully appeal the decision, which is certainly possible once you point out that your business will not disrupt the neighborhood).

enchantedcreations Posted 22 Sep 2011 , 7:42pm
post #12 of 13
Quote:
Originally Posted by tgress13

Have any of you run into the situation where your city does not allow any baking from home and will not provide an occupational license for it even though the FL Cottage Food Act passed?




No, when I called the lady in the Ag. dept. was confused and had no idea of what was coming down the pike. I had to explain everything to her. She said to go for it! But then she laughed and said she better speak w/ someone who had more authority than her and she would call me back. She did so, and said I did not need any lic., etc. Just no trafficing in my "hood" nor signs. Make sure I label my food.

When I went to open my business acct @ the bank, they in turn called to make sure I didn't need an Occ. Lic. based on what their records require for banking accounts. They got the same info I got. No lic. was necessary. Just an FYI, I live an deed rest. neighorhood, they still can't really stop you, just no traffic to your home, which I wouldn't do anyway. I'm not selling from home, I'm baking out of my kitchen.

KrazyAboutCake Posted 24 Sep 2011 , 1:27am
post #13 of 13

Hi Ladies,

A friend of mine sent me the information in this forum yesterday in an email and I wanted to let you know I am in contact with Dan Hixson at the Dept of Agriculture Food Safety dept. I presented this question to him about home bakers under the Cottage Food Law participating at Bridal Shows. Here is his response to the emails I sent to him. I sent him one other email that he has not responded to yet. I presented to him that the cottage food law states our products must be packaged and labeled. So if we participated at a bridal show and put samples in a package and labeled would that be allowed? I told him this is a very gray area and needs to be clarified. The law does not state we cannot participate at any bridal or trade shows. When I hear back from the state I will post their answer.


Below are the emails from the Dept of Agriculture and myself.

Good afternoon Ms. Schmal-If the consumer is conducting a cake tasting at your home (the cottage food operation) I would think the samples would not require labeling. I hope this information is beneficial. Dan

From: [email protected] [mailto:[email protected]]
Sent: Friday, September 23, 2011 11:08 AM
To: Hixson, Daniel
Subject: Re: Cottage Food Act


Thanks Dan,
I appreciate the clarification and will pass on to my fellow bakers.

This raises another question if we are not allowed to offer samples at a bridal show than what about when a couple wants to do a cake tasting in my home prior to placing an order.
Are we not allowed to do tasting? Same principle as a bridal show?

Barbara
Sent via BlackBerry by AT&T
--------------------------------------------------------------------------------
From: "Hixson, Daniel" <[email protected]>
Date: Fri, 23 Sep 2011 10:53:30 -0400
To: Barbara Schmal<[email protected]>
Cc: Cornman, Lee<[email protected]>
Subject: RE: Cottage Food Act


Good morning Ms. Schmal: Thank you for your questions regarding the recently enacted cottage food legislation. While Bridal Shows offer an opportunity to advertise and provide cottage food products they are not an approved venue. Additionally, providing cottage food product samples (such as cake or other related products) which are not packaged and labeled in accordance with statute, are not allowed. Please let us know if you have additional questions. The Division of Food Safety is more than willing to provide assistance. Thanks, Dan


Daniel S. Hixson
Senior Management Analyst II
Department of Agriculture and Consumer Services
Division of Food Safety
850.245.5588 Telephone
850.488.7946 Facsimile
[email protected]


From: Barbara Schmal [mailto:[email protected]]
Sent: Friday, September 23, 2011 6:24 AM
To: Hixson, Daniel
Cc: Cornman, Lee
Subject: RE: Cottage Food Act


Dear Daniel and Lee,

I have a question regarding Bridal Shows and the Cottage Food Law. I heard that people who have their home business are not allowed to participate in Bridal Shows? I am confused to this because the Bridal Shows is a form of advertising our business. I heard the reason was because samples of cake would be handed out and therefore would not be labeled. I understand about the label however if the label information was posted on the table would that be acceptable. The ingredients can be printed and framed with a picture of the cake they are sampling and than it would comply with the Cottage Food Law.

Thank You,

Barbara Schmal

Krazy About Cake

Quote by @%username% on %date%

%body%