No Cottage Food Law, Can I Just Sell Fondant Toppers?

Business By keepcalmandbake Updated 8 Apr 2013 , 5:13pm by letsgetcaking

keepcalmandbake Posted 7 Apr 2013 , 11:12pm
post #1 of 9

ASince I'm not legally allowed to bake here in NJ, can I just start an etsy shop and sell fondant toppers until they decide to pass the law or until I won the lottery? (Whichever comes first) :)

8 replies
Norasmom Posted 7 Apr 2013 , 11:24pm
post #2 of 9

I would imagine you could sell them marketed as a "non-edible" fondant decoration. 

AmberTorres Posted 7 Apr 2013 , 11:40pm
post #3 of 9

Im sure if your selling them as non edibles as she said you would be safe...Does anyone know what is all actually all required as part of the cottage food laws in illinois? Im also just starting and i know you need to have a sanitation manager certificate and register with the county but does anyone know if i would have to have a commercial kitchen>

kazita Posted 7 Apr 2013 , 11:42pm
post #4 of 9

AMake sure to share When you win the lottery. :grin:

kikiandkyle Posted 8 Apr 2013 , 12:23am
post #5 of 9

AAmber you can either operate under the cottage food law and only sell at farmers markets, you just need a sanitation certificate and insurance, or you can install a separate, commercial kitchen as defined by your local health dept. (or rent one) and operate a business selling anywhere you want. If you google IL cottage food law there are several sites that detail the rules on farmers market selling. Good luck!

HamSquad Posted 8 Apr 2013 , 2:44am
post #6 of 9

A

Original message sent by kikiandkyle

Amber you can either operate under the cottage food law and only sell at farmers markets, you just need a sanitation certificate and insurance, or you can install a separate, commercial kitchen as defined by your local health dept. (or rent one) and operate a business selling anywhere you want. If you google IL cottage food law there are several sites that detail the rules on farmers market selling. Good luck!

Hi, I'm glad this was posted! Over the years, I thought I really wanted to open a cake business. Now that I'm older, I don't really have the energy I use to. Three years ago, we lost the home we owned, renting to relatives who destroyed it. Now we have been renting as we were when we were renting to them because of my husband's job,we had to relocate. Now I don't know what to do. I would like to just legally be able to make bake goods for family and friends, I don't want to open a full business, I find the area where I live most people do not like fondant and rather prefer the Walmart/Ultra bakery kind of cakes, especially their prices. I live in Illinois too! I don't bake that often. I love trying most of the things that I've learn here on CC and other sites on a few of my family and friends. What should I do? Thanks in advance!

kikiandkyle Posted 8 Apr 2013 , 4:11am
post #7 of 9

AI called my county health dept (Lake) and they said I could sell to friends and family without needing to comply with any of their laws, so long as I didn't advertise or sell to the general public. If that's all you want to do then call your county and ask what their position is, although if you know your friends and family aren't going to be placing orders that will be that profitable, then consider whether it's really worth it. Personally I'm planning to work for someone else part time until I can really open my own full business, for me it's just easier.

HamSquad Posted 8 Apr 2013 , 5:07am
post #8 of 9

AThanks kikiandkyle so much for responding. I live in Cook County, I use to live in Will County where I got my assumed business name and did the legal notice. I was just in the process of re doing the Food and San license.

letsgetcaking Posted 8 Apr 2013 , 5:10pm
post #9 of 9

I had a similar question, although I live in a state that DOES have a cottage food law. I was concerned because I also wanted to use Etsy and sell across state lines. This creates a problem because each state has different requirements for the sale of food. The person I spoke with at the Department of Agriculture (which is over Food Safety in my state) said that, yes, I would need to specify that I was selling non-edible fondant decorations.

However, he suggested making the toppers in a licensed kitchen so they could be sold as edible. He joked, "I don't care if you label it as 'non-edible.' You know if it's on a cake, someone is going to take a bite out of it." LOL!

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