Penalty In Ca For Baking From Home

Business By dianasweetcake Updated 29 Mar 2012 , 10:26am by costumeczar

kelleym Posted 23 Mar 2012 , 6:04pm
post #31 of 53

Thanks for all your input, Kara and Jason.

zespri Posted 23 Mar 2012 , 6:30pm
post #32 of 53

O.P., if you find out the answer maybe you could come back and tell us? I'd be interested to know too. Just being nosy, I don't even live in the same country as you, let alone the same state.

It depends on the borough you live in here, but in some areas if a customer provides you with the baked cake, you are allowed to decorate it for them, perfectly legally. Interesting, right? A bit strange as the icing is still food, but who are we to complain! This knowledge came from a local health inspector, btw. One of the ladies in my cake decorators guild made enquiries.

Most people I know who are at the same stage as me (still learning to do cakes) and only do them for family and friends, just don't want to be out of pocket, like you. Someone I know just gets her friends to provide her with the ingredients so she's covered, and of course she gets to keep the left-overs. For example, if she needs half a cup of glucose, her friends will give her a whole jar. And a whole bag of sugar. And flour... etc. Even though she only uses some of them on that friends cake, she is happy to keep the left-overs, and they are happy to get their cake for just the cost of a few ingredients. But then again you don't hear about cakers being chased with pitchforks and torches for baking illegally here, so I guess it's easy for me to say.

One girl I know bakes from the community/church hall for $30 per evening. She has her own liability insurance, so she's covered, at least under our laws.

Anyway, I'd be keen to know if you find out what the penalties are, so if you do find out please come back and tell us!

lilmissbakesalot Posted 23 Mar 2012 , 8:21pm
post #33 of 53
Quote:
Originally Posted by costumeczar

All I'm saying is that compiling a list of something like that, pm'ing it around, then posting it is really juvenile and unnecessary. I don't know who put that list together, but if my 13-yr-old daughter had done somethng like that, obviously to just be mean to someone, I would tell her that she should be ashamed of herself.




Yeah... I would too. Wow. I don't even love scp1127, and I think that was harsh and better hashed out in a PM. Spelling mistakes drive me bonkers, but this is an internet forum... who really cares if someone thinks something is rediculous or ridiculous? And better yet... who wastes their time collecting link to posts for evidence???

mommachris Posted 23 Mar 2012 , 10:27pm
post #34 of 53

Kelly..just letting you know that some people can see the forest through the trees. That poster does seem to like to jump on everyone for not being legal.
And yes, she can sure type a lot for someone with an injury.
Her calling so many people and situations ridiculous is not a way to correct in love.
Since everyone was calling you out, I want to say I see you are coming from.
She has an opinion that she wants to share, but she wasn't doing it in a 'nice' way and that was what you were trying to tell us with the list.

Keep pointing out the obvious ( unkind behavior) and don't let anyone shout you down.

mommachris

The_Sugar_Fairy Posted 23 Mar 2012 , 10:45pm
post #35 of 53

Sorry, but I rather enjoyed Kelley's post. I've had that same poster make me feel completely inadequate so many times! I'm glad someone finally pointed out how many times she's called things/people ridiculous. And wow, she does type a lot for having an injury, and a lot of it can be quite rude and unnecessary. Good for you Kelley and thank you! icon_smile.gif

costumeczar Posted 24 Mar 2012 , 1:44am
post #36 of 53

Junior high is alive and well.

Kelley said that someone else pm'ed that list to her, whcih means that there's an active level of gossipping going on behind the scenes here. I don't get pm's from anyone other than people asking questions, so I don't know about that. But to put a list together of things that someone posted, regardless of who it is, then to pm it around is just flat out bitchy. To support posting the list is also flat out bitchy and you all should be ashamed of yourselves. I hope that you're teaching your kids to be nicer to other people than that. I don't care who it's about, it isn't the right thing to do.

Ruth0209 Posted 24 Mar 2012 , 2:08am
post #37 of 53
Quote:
Originally Posted by costumeczar

Junior high is alive and well.

Kelley said that someone else pm'ed that list to her, whcih means that there's an active level of gossipping going on behind the scenes here. I don't get pm's from anyone other than people asking questions, so I don't know about that. But to put a list together of things that someone posted, regardless of who it is, then to pm it around is just flat out bitchy. To support posting the list is also flat out bitchy and you all should be ashamed of yourselves. I hope that you're teaching your kids to be nicer to other people than that. I don't care who it's about, it isn't the right thing to do.




EXACTLY. Kelley, et al (that means, roughly, "and all the rest of you"), let us know when you're turning 14 so we can bake you a cake.

jason_kraft Posted 24 Mar 2012 , 2:47am
post #38 of 53

What's surprising to me is that the official representative for a company with a primary target market mirroring the makeup of the CC community publicly posts like this on her official account.

This would be like a bakery owner carrying a sign for their bakery over their head, walking in to a wedding expo, and loudly making fun of some of the brides in attendance.

step0nmi Posted 24 Mar 2012 , 3:31am
post #39 of 53
Quote:
Originally Posted by jason_kraft

What's surprising to me is that the official representative for a company with a primary target market mirroring the makeup of the CC community publicly posts like this on her official account.

This would be like a bakery owner carrying a sign for their bakery over their head, walking in to a wedding expo, and loudly making fun of some of the brides in attendance.




ding ding ding! icon_lol.gif wasn't even a part of this thread and noticed that immediately

mommachris Posted 24 Mar 2012 , 3:52am
post #40 of 53

How is this page still open...?
Maybe posting the list wasn't the best way to show that her method needed work.
Doesn't negate what the woman's been saying.
Is there a some gossiping going on. Yes, I'm sure there is. All communities have that issue.
Wasn't there a site set up by a select group of cakers here who got fed up with being censored on CC so they set up a site of their own to discuss what wasn't allowed on here?

I stand by the fact that jumping on people who aren't legal doesn't lead to constructive sharing of ideas. Isn't what this site was designed for?
The "be nice rule" is plainly stated all over CC.
Maybe we all need to re-read the sticky notes.


mommachris

KoryAK Posted 24 Mar 2012 , 10:13am
post #41 of 53
Quote:
Originally Posted by Ruth0209

Quote:
Originally Posted by costumeczar

Junior high is alive and well.

Kelley said that someone else pm'ed that list to her, whcih means that there's an active level of gossipping going on behind the scenes here. I don't get pm's from anyone other than people asking questions, so I don't know about that. But to put a list together of things that someone posted, regardless of who it is, then to pm it around is just flat out bitchy. To support posting the list is also flat out bitchy and you all should be ashamed of yourselves. I hope that you're teaching your kids to be nicer to other people than that. I don't care who it's about, it isn't the right thing to do.



EXACTLY. Kelley, et al (that means, roughly, "and all the rest of you"), let us know when you're turning 14 so we can bake you a cake.




Where's the "like" button?

tiggy2 Posted 24 Mar 2012 , 12:29pm
post #42 of 53
Quote:
Originally Posted by KoryAK

Quote:
Originally Posted by Ruth0209

Quote:
Originally Posted by costumeczar

Junior high is alive and well.

Kelley said that someone else pm'ed that list to her, whcih means that there's an active level of gossipping going on behind the scenes here. I don't get pm's from anyone other than people asking questions, so I don't know about that. But to put a list together of things that someone posted, regardless of who it is, then to pm it around is just flat out bitchy. To support posting the list is also flat out bitchy and you all should be ashamed of yourselves. I hope that you're teaching your kids to be nicer to other people than that. I don't care who it's about, it isn't the right thing to do.



EXACTLY. Kelley, et al (that means, roughly, "and all the rest of you"), let us know when you're turning 14 so we can bake you a cake.



Where's the "like" button?


thumbs_up.gifthumbs_up.gifthumbs_up.gif

BrandisBaked Posted 24 Mar 2012 , 2:07pm
post #43 of 53

Why would someone want to deal with the health department and other government agencies in an effort to become a legal business if the goal isn't really to BE a business? If OP wanted to sell to the masses, I would recommend going the legal route. However, if she's just making cakes for friends and family, why would she need to?

OP was looking for information, not a lecture or attacks on her character. Comparing making a cake to tax fraud is a bit of a reach, no?

petiterouge42 Posted 24 Mar 2012 , 2:15pm
post #44 of 53

This forum has a general low tolerance for illegal bakers, if posters don't realize that by now- then they will not be well received. Sometimes people need something told to them straight to get the full impact of their actions, or potential actions.

Not everything can and should be sugarcoated. We are all adults and being told something straight is one thing, but like Jason said an official business representative going to such argumentative levels is a little much.

costumeczar Posted 24 Mar 2012 , 2:16pm
post #45 of 53
Quote:
Originally Posted by BrandisBaked



OP was looking for information, not a lecture or attacks on her character. Comparing making a cake to tax fraud is a bit of a reach, no?




Not if you sell them and don't pay the income taxes...I know a caterer who turns illegal caterers in to the tax dept here when he finds them, and they give him a percentage of the fines and back taxes that they collect. He makes a lot of money doing it, too. Giving a cake to friends is one thing, but selling them is somethng else.

Baker_Rose Posted 24 Mar 2012 , 5:51pm
post #46 of 53

This is for Diana, the original poster.

First, I know nothing about California, however I have something you can look into.

A Personal Chef. These are Chefs that you hire and pay "for their services". They are licensed etc as providing a service. Basically, you have a busy life and you hire a chef to a.) shop for groceries and b.) prepare and cook in your own kitchen, then packaging the food and putting it in your own freezer. Then you come home from your busy life to find food cooked to your like/dislike or nutritional needs in the fridge/freezer ready to go. So you pay the chef the amount to cover the groceries and for their time/expertise in the preparing department.

So, as a cake/dessert maker you could have a small business that you set your hours etc that someone hires you to bake cakes and desserts in their home for their events and they would pay for your services. This way you could be as small as you wish and select clients on your own schedule.

Just an idea.

Tami icon_smile.gif

jason_kraft Posted 24 Mar 2012 , 6:29pm
post #47 of 53
Quote:
Originally Posted by Baker_Rose

So, as a cake/dessert maker you could have a small business that you set your hours etc that someone hires you to bake cakes and desserts in their home for their events and they would pay for your services. This way you could be as small as you wish and select clients on your own schedule.



California does have an exception for personal chefs (assuming the food handling is restricted to the customer's kitchen), and that might work for smaller cakes, but unless the customer has a separate service kitchen they might not be too keen on giving up their kitchen for the amount of time necessary to put together an elaborate wedding cake.

FromScratchSF Posted 24 Mar 2012 , 7:11pm
post #48 of 53

Regardless of why, this actually is a valid question.

It depends on the county you live in in CA, and how anti-home bakers they are. It can be as light as a visit from the HD and a slap on the wrist, but can be a $100,000 fine and being barred from working in food service in California for 3 years - you can't even get a job washing dishes in a food establishment. It also depends on how big you get while selling illegally prepared food and how much the HD wants to come down on you. But either way, as soon as you get a visit from them, expect a visit from your city for city taxes, your county for any county taxes, the state for taxes on your income as well as paying into medicare and SDI, and the feds for the taxes you should have been paying including unemployment, SDI and medicare. I think the penalties are up to 5 times the amount of unpaid tax to the feds and 3 times to CA, but I could be mistaken, it might be reversed.

dianasweetcake Posted 28 Mar 2012 , 4:33am
post #49 of 53

Wow!!!! It's been 5 days since my original posting and I am just getting around to reading all the responses. I want to say thank you to those who understood my question and situation without being so quick to assume and judge. I think it is fair to say I am not the only person wondering but like I said with my 3 little ones I am not trying to start a business or make much money, at least nothing that would matter to the IRS anyway. Thank you for those who tried to offer some helpful advice and thank you to those who tried warning me anyway for operating illegally. It's a shame some posts are so nasty and mean when this is suppose to be a forum to support each other. I am not a business woman or looking for a job I am a mom and a wife first and foremost and love it. Cakes are definitely a hobby and outlet that allow me to be creative and productive outside of my daily duties and routine. Anyway, God Bless you all and I wish you all must success with your cake ventures!

RebeccaBloomwood Posted 28 Mar 2012 , 4:48am
post #50 of 53
Quote:
Originally Posted by dianasweetcake

I am not a business woman or looking for a job I am a mom and a wife first and foremost and love it. Cakes are definitely a hobby and outlet that allow me to be creative and productive outside of my daily duties and routine.




I am very new to CC but have been addicted to reading posts, specially those with so much drama in it, I literally munch on popcorn while reading heh. I am not psychic, but based from past posts, I can sort of predict that you will be called out for this comment "I am not a business woman or looking for a job" and will be told that this is the "Business Forum". Just sayin. Please, I hope nobody attacks me. Lol. icon_biggrin.gif

But goodluck with your endeavors and hope you continue to use cakes and baking as your creative outlet. Cheers! icon_smile.gif

magicjulie1 Posted 28 Mar 2012 , 5:36am
post #51 of 53

Wow, If you have any negative things to say perhaps it should be PM. Coming out and attacking someone looking for guidance is terrible and shameful which was what the CakeBoss was trying to point out. Every community is going to gossip, that's just life. Just like the original nasty responder is probably very passionate about legal status that they didn't think to tame down their response some The cake boss I'm sure felt the same way. She did at least tone down her response and was nicer. I think any thing productive to help sway the original poster to be legal went out the door with all the nasty remarks. There is a way of getting your point across without stabbing someone's eyes out. When the eye's are stabbed out they will never see the writing on the wall or in this case the benefits of being legal. Remember we all started somewhere.

Ruth0209 Posted 29 Mar 2012 , 1:07am
post #52 of 53
Quote:
Originally Posted by dianasweetcake

...I am not trying to start a business or make much money, at least nothing that would matter to the IRS anyway...




Just so you know, it matters to the IRS if you accept any money for goods or services, whether you consider yourself a business or not. Bartered goods are not exempt from that, either.

costumeczar Posted 29 Mar 2012 , 10:26am
post #53 of 53
Quote:
Originally Posted by Ruth0209

Quote:
Originally Posted by dianasweetcake

...I am not trying to start a business or make much money, at least nothing that would matter to the IRS anyway...



Just so you know, it matters to the IRS if you accept any money for goods or services, whether you consider yourself a business or not. Bartered goods are not exempt from that, either.




I was going to add the same comment!

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