AtomicBakes Posted 27 Mar 2013 , 9:50pm
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The Louisiana Baker's Bill (Cottage Food Law) (SB18) is going before the Louisiana State Senate in less than two weeks. Here is the link for more information:  https://www.facebook.com/louisianabakersbill  . 

 

If you are a home based baker in Louisiana and you want to sell your product LEGALLY, then please email your state (not US) Senator and your state (not US) Rep and let them know that you want them to support SB18, the Louisiana Baker's Bill. The bill is very simple and allows cakes and cookies to be sold by home bakers. It is currently illegal in the state of Louisiana to sell baked goods made in your home kitchen. I am not the owner of the Facebook page or the originator of the bill, but I have not seen anything posted about this on here and I wanted to let all the other Louisiana cakers/cookiers know about it. It goes before the Senate first, so you have less than two weeks to email your Senator. I just wish we had a cool emblem like the Texas Cottage Food Law........

82 replies
ddaigle Posted 2 Apr 2013 , 1:52pm
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Thanks Atomic  for posting this.    I surprised compared to other states that this hasn't been on CC more.

 

The bill is so simple....I am confused.   I know some states are very specific about what they can bake and if they can or cannot sell for wholesale.    The only thing I understand is that our annual sales limit is $50k...which is very generous compared to other states.     Can someone read it and tell me what it says!  LOL....I expected the bill to be more lengthy and detailed, I guess......Jason?????????? 

 

http://legiscan.com/LA/text/SB18/id/785177/Louisiana-2013-SB18-Introduced.pdf

manddi Posted 2 Apr 2013 , 2:08pm
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AWoohoo! I've emailed my senators and from what I've heard through the grapevine my Parish is a definite go(I hope the grapevine is accurate!)! It's the rest of the state we need to convince!

ddaigle Posted 2 Apr 2013 , 2:10pm
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I'm sure with 40 states already on the band wagon...Louisiana will get passed....I just don't understand what our limitations/restrictions will be. 

Annabakescakes Posted 2 Apr 2013 , 6:56pm
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Quote:
Originally Posted by ddaigle 

Thanks Atomic  for posting this.    I surprised compared to other states that this hasn't been on CC more.

 

The bill is so simple....I am confused.   I know some states are very specific about what they can bake and if they can or cannot sell for wholesale.    The only thing I understand is that our annual sales limit is $50k...which is very generous compared to other states.     Can someone read it and tell me what it says!  LOL....I expected the bill to be more lengthy and detailed, I guess......Jason?????????? 

 

http://legiscan.com/LA/text/SB18/id/785177/Louisiana-2013-SB18-Introduced.pdf

Wow, with a $50,000 limit?? That is a lot of cake! How would one do that in a home kitchen? Sounds like a nightmare!

jason_kraft Posted 2 Apr 2013 , 7:14pm
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A

Original message sent by ddaigle

Thanks Atomic  for posting this.    I surprised compared to other states that this hasn't been on CC more.

The bill is so simple....I am confused.   I know some states are very specific about what they can bake and if they can or cannot sell for wholesale.    The only thing I understand is that our annual sales limit is $50k...which is very generous compared to other states.     Can someone read it and tell me what it says!  LOL....I expected the bill to be more lengthy and detailed, I guess......Jason?????????? 

[URL=http://legiscan.com/LA/text/SB18/id/785177/Louisiana-2013-SB18-Introduced.pdf]http://legiscan.com/LA/text/SB18/id/785177/Louisiana-2013-SB18-Introduced.pdf[/URL]

Remember that this is the original proposal for the bill. You can expect that the bill will get longer, more detailed, and probably more restrictive as it is debated.

Right now it basically says that you can sell cakes and cookies from home without any health dept oversight if you sell under $50K gross per year. Since you have to report all income to the Dept of Revenue, they will rat you out to the health dept if you make over $50K.

You also can't sell "unwholesome" food. I have no idea what that means.

The first changes will probably be a more detailed definition of "cakes and cookies" disallowing any potentially hazardous products, reducing the $50K income cap, and possibly adding restrictions for wholesale sales.

jason_kraft Posted 2 Apr 2013 , 7:17pm
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A

Original message sent by Annabakescakes

Wow, with a $50,000 limit?? That is a lot of cake! How would one do that in a home kitchen? Sounds like a nightmare!

It's definitely doable. If you price at $5/serving on average that's 200 servings per week, or 300 servings per week at $3.33/serving.

ddaigle Posted 2 Apr 2013 , 7:25pm
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That's why I'm thinking with that kind of limit....we won't have the refrigeration/filling restrictions that other states.   **fingers crossed**

AtomicBakes Posted 2 Apr 2013 , 7:31pm
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I agree with Jason, it will have things added to to it, maybe not on the initial pass (but probably). I do think that "unwholesome" is too open to interpretation, I would guess at some point that will be defined, as it is in many other states, to mean non-perishable (so nothing that requires refrigeration). If that happens, do your homework. Some of the things that you may think are perishable may be able to be made shelf stable. The Texas cottage food law page has a recipe for cream cheese frosting that has been tested and approved to be shelf stable. As far as selling wholesale, while this law doesn't state that you can't do it, it is my understanding (and I may be wrong), that restaurants and stores cannot buy your product because they are required to be inspected by the health department and cannot sell items that are not subject to inspection. I really need to find out more about this part, because I am not entirely sure about it and well, let's face it, this is Louisiana and logic does not apply here.  I am surprised that there aren't stipulations about labeling requirements like I have seen in other state's laws.  Thanks, Debbie, for giving this a bump. I was starting to think that you and I were the only Louisianans here.

jason_kraft Posted 2 Apr 2013 , 7:32pm

A

Original message sent by ddaigle

That's why I'm thinking with that kind of limit....we won't have the refrigeration/filling restrictions that other states.   **fingers crossed**

County health depts usually lobby against these bills, so without these types of compromises the bill might not make it out of the senate health committee (which is where county health depts have the most influence).

AtomicBakes Posted 2 Apr 2013 , 7:43pm

It's my understanding that the Dept of Health and Hospitals has been sitting in on meetings leading up to the drafting of the bill. They already had them remove some things (I think it originally said baked goods, but they changed it to cakes and cookies because they wanted to exclude bread). I'm guessing if they won't let you bake bread, they probably aren't going to be too keen on cream fillings. 

dawnybird Posted 2 Apr 2013 , 7:57pm
Quote:
Originally Posted by AtomicBakes 

I agree with Jason, it will have things added to to it, maybe not on the initial pass (but probably). I do think that "unwholesome" is too open to interpretation, I would guess at some point that will be defined, as it is in many other states, to mean non-perishable (so nothing that requires refrigeration). If that happens, do your homework. Some of the things that you may think are perishable may be able to be made shelf stable. The Texas cottage food law page has a recipe for cream cheese frosting that has been tested and approved to be shelf stable. As far as selling wholesale, while this law doesn't state that you can't do it, it is my understanding (and I may be wrong), that restaurants and stores cannot buy your product because they are required to be inspected by the health department and cannot sell items that are not subject to inspection. I really need to find out more about this part, because I am not entirely sure about it and well, let's face it, this is Louisiana and logic does not apply here.  I am surprised that there aren't stipulations about labeling requirements like I have seen in other state's laws.  Thanks, Debbie, for giving this a bump. I was starting to think that you and I were the only Louisianans here.


I was born and lived most of my life in Baton Rouge (right off of Drusilla Lane) and now I'm in Mississippi but only 6 miles across the state line and still keep one foot in my beloved Louisiana!! So glad to know some of my fellow CC'ers are Louisianians!

SweetMelissa730 Posted 3 Apr 2013 , 8:36am

That bill certainly leaves much to the imagination. I'm sure they're going to add some of the same restrictions as the other states have but, this is Louisiana... so who knows. We'll have to wait and see! What day does it go before the senate?

manddi Posted 3 Apr 2013 , 2:49pm

AApril 8th

ddaigle Posted 3 Apr 2013 , 2:58pm

Yippee...Thanks Manddi...I wonder what the process of time is...from cradle to grave on these types of bills.    Anyone know how long we should expect to wait until it is final (if approved, that is).

manddi Posted 3 Apr 2013 , 3:04pm

AJust an example of a time frame: Mississippi passed their cfl in early March and it goes into affect sometime in July

That doesn't necessarily mean Louisiana will be the same but I doubt it would be much different

jason_kraft Posted 3 Apr 2013 , 3:17pm

A

Original message sent by ddaigle

Yippee...Thanks Manddi...I wonder what the process of time is...from cradle to grave on these types of bills.    Anyone know how long we should expect to wait until it is final (if approved, that is).

It really depends on how much opposition there is and how much compromise is required. It can take between several weeks and several months to get out of committee, after which it goes into a queue for a floor vote before the entire senate. If there are too many higher priority bills ahead of it, it's possible that it may not reach the senate floor at all this year.

Depending on how your state works, once the bill passes the senate the process may also need to be repeated in the house. Once it passes the house it is sent to be signed by the governor.

It looks like the LA legislative session is pretty short (April 8th through June 6th), so if it is not passed by June 6th it will have to wait until next year. If it is passed this year it would go into effect August 1st.

justme50 Posted 3 Apr 2013 , 4:43pm

The bill currently up for a vote in Oklahoma began the process Feb4 in the house. It finally made it to the Senate Mar 11 and has been sitting on the agenda waiting in queue ever since.

 

We can watch live feeds of the senate and house and it's been an experience that makes me furious! I knew politicians didn't do much, but never realized how little they really do.

 

Our worthless legislators don't convene until 1:30 every day- session usually lasts an hour while they pass resolutions to acknowledge this or that event. They took a week off for spring break, then the next week a 4 day holiday for Easter. The session ends May 31st.

 

At this rate, they'll never get to this bill and if the session ends, the bill dies.

 

 

Good luck, hope your lawmakers are a bit more motivated to actually accomplish something than ours are.
 

AtomicBakes Posted 3 Apr 2013 , 5:45pm

Well, Justme, that's depressing. I hope ours goes better/faster than Oklahoma. I am tentatively taking orders for the summer, with the understanding that it depends on the bill (ok, two orders, both from people I know, but, hey, I'd love to sell them a cake--legally). At the moment I can't even legally donate cupcakes to a fundraiser for the non-profit business where I am employed. What's next, busting up lemonade stands? tapedshut.gif

 

I thought I'd post an article for those interested in learning more that I ran across about Roxane Daigle, the author of the bill  http://povhouma.com/heres-your-second-chance-fancy/ .  

AtomicBakes Posted 3 Apr 2013 , 5:56pm

Oh, and I got a call this morning from a reporter for New Orleans City Business. She came across this thread and was looking for more info. I referred her to Roxane and she just posted on the Facebook page that she gave her a phone interview. Hopefully it's a positive article. I can understand where some bakeries might be against cottage bakers, but truthfully I think that a lot of cottage bakers are probably doing a good bit of the PITA work.

Fancy Cakes Posted 3 Apr 2013 , 5:59pm

Hi ladies. My name is Roxane and my FB page is https://www.facebook.com/FANCYCAKES58?ref=tn_tnmn

I am the author of the LA Cottage Food Law Bill and the administrator for the cottage food law page on FB. I would be very happy to answer any questions at all you may have concerning the bill.

Fancy Cakes Posted 3 Apr 2013 , 6:01pm

Atomic Bakes, it is a very positive article. What are your concerns??
 

Fancy Cakes Posted 3 Apr 2013 , 6:09pm

the bill is pending health and welfare committee. I will most likely speak at that hearing. Once it passes there, it needs to go to Senate Committee, then Senate for voting, then house committee, then house for voting. It needs to pass each of these avenues, then on to the Governor for signing. It would become effective August 1, 2013

ddaigle Posted 3 Apr 2013 , 8:38pm

That's great to know Roxane.   I was wondering what the process was.     The bill appeared so general, as I read it.    Do you know what our restrictions are going to be?   $50k is also a very generous amount in sales compared to other states.  

Baking Queen Posted 4 Apr 2013 , 1:10am

AWow thanks so much for posting this I want to see where this goes! Fingers crossed it gets passed!!

AtomicBakes Posted 4 Apr 2013 , 3:08am

Roxane--I don't have any concerns per say about the article, just saying that I hope it is a positive article. That doesn't mean that I necessarily think it won't be. She sounded genuinely interested and as she works for a paper that is about small businesses, I would expect that it would be positive. I believe that I was the first call she made because she didn't have much info at the time and I pointed her in your direction because the sum total of my knowledge and supposition is contained in this thread.

 

As you can see from the comments, we (like everyone else on your Facebook page) are interested in the details and how we will need to change to adapt to it, In my case, I delayed making cakes for the public when I found out on here that it wasn't legal--it never even occurred to me, like many others I thought "it's just cake". So while I have been practicing on friends and family I have been working out the kinks in recipes that I hope to use when the law passes. When I started reading other states' laws I tossed out the pudding mousse recipes, too perishable. I despaired of making cream cheese frosting until I read the Texas Cottage Food Law webpage and saw their tested recipes (not as good as mine, but mine hasn't been tested and likely has too high a water content for shelf stability). Until we find out the juicy details, it's hard to know what we will and will not be able to make. Maybe it will pass as is, but I'm sure even if it does that things will be added/changed at some point. I know the key now is to get it passed and iron out the kinks later. 

Fancy Cakes Posted 4 Apr 2013 , 3:26am

AThe bill that I was asked to author was 3 pages long. It addressed many many issues. After meeting with the dept if health and hospitals senator ward and attorneys condensed the bill to what SB18 is as of now. Dept of health has agreed to remain neutral in this and not oppose it. As far as the income cap, there are only ten states that have an income cap. I asked for no cap, but the senator and arty felt we should put a cap on it to assure its passage. I believe 50000 is very reasonable. As far as the contents, ingredients and such. No puddings, etc that require refrigeration. However I did not specify anything about ph and water content as other states have done. If that is in the bill then ALL recipes have to be tasted. We do not want that. Like I said, the bill I authored had many many points in it concerning labeling, Internet sales, etc etc. I have to trust that the senator and his team of attys know what they are doing. I am certain lots of these issues will be addressed in hearing which I plan to address to the committee. My goal is to get by with as few restrictions as possible. We have to start somewhere. Right? It's further along then it has ever been for the state of LA. I am doing my best to keep everyone's interest in mind and in heart as I move forward with this. I don't plan on letting any of you down. Remember, I am one of you. Lets pray this will work out to our advantage. Godspeed to all of you!!

Fancy Cakes Posted 4 Apr 2013 , 3:27am

AGosh excuse the spell check. I am on my smart phone and it is not very smart! :)

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