I Got A Call From The Tx Health Dept Today!!
Business By divaofcakes Updated 22 Feb 2007 , 10:50pm by dodibug
I think this situation stinks. The whole debate on here about "legal" or commercial vs. home bakeries always gets a heated response. When I took classes six years ago, I had no idea that baking a cake from home for family & friends was illegal. Most of then gave me anywhere from $15 to $20. I have recently stopped making cakes for people. I do make treats for my girls to give away, I also give treats away. I thought about it in the way of ... What if I owned my own bakery, how would I feel. I personaaly probably wouldn't care BUT, I know my stuff tastes good. I can't decorate worth mud in my eyes. Everythign tastes great. I suggest that you check with your state,county whatever government office you need to, do what they say & start baking. That will really get the squealers goat.
Of course if the health dept. didn't have to go around calling unlicensed people and shutting down unlicensed places...they might have more time to be policing the licensed ones who aren't keeping the same standards they did when they were inspected for their license.
teekakes i was just responding to your post:
How? Is he a legal worker? An employee there worked for 4 weeks sick with Hepatitis A in the restaurant before he was pulled from the job. Now keep in mind this is a licensed restaurant with a very good reputation that has been under fire several times for hiring illegals that are carrying God only knows what. Is this uncommon? No! It is not! Where are the FOOD POLICE when we really need them!!! Hmmmmm, now that is something to think about.
This is what I was referring to as illegals not illegal bakers
ewwll and really getting off the subject people who dont wash their hands after using the bathroom 
I no longer wish to get involved in the debate legal vs SAHB because I do see both sides even while being so militant in my views..lol
ok..that being said, you need to put this into perspective. I'm sorry this happened to you but that is the chance you take when you bake from home in a state, county that doesn't allow it.
Perspective is this...when your parents gave you a curfew...it was for your own good.
When your teacher gave you homework...it was to develop your character and give you dicipline and to reinforce what you learned in school that day.
there are speed limits, stop signs and you can't go to the bank and get other people's money.
There are RULES and REGULATIONS for EVERYTHING...
They can't sell you a dozen large eggs and pass off some teeny tiny eggs in that dozen..lol
Getting the picture??
If MORE people followed the rules and regulations and respected the laws...INDIDEBBY could sleep a lot easier and not have to check and double check those locks...lol
Take care, I DO hope that you get your situation resolved and you get to baking asap..
now the next thing you should consider is those ....copywrite cakes you've made...lol
( so sorry..just had to!! lol)(( that's another thread!!)
it's funny that so many people are looking for kitchen's and I'm thinking of sharing mine and I can't find someone...lol
Let's all be honest here. If your child went to a birthday party and got a severe case of lysteria, or e-coli, or botcholism because the mom bought a cake from a home bakery, you would sue her pants off, and rightly so, I might add.
Restaurants aren't perfect, but at least they are watched by both the health department and the press. Home bakers have no one watching them, and so are much more of a health risk.
3tiers,
I admire you for expressing yourself in a friendly way.
When I first found this site I thought it was a site where people like me just bake for a hobby, to bring in extra money to buy equipment, or to build up enough to go into business.
I soon realized that it is also professionals here. On the most part we have a very pleasant site to share ideas.
We have legal and illegal if that's what we want to call it and that's the way it is. And, for this we should all reframe from the heated post.
The member asked a question for our advise not a debate. Hate me if you want but we can live here on this site together. I am not referring to any one post. I don't even remember what half of you wrote I just know I've seen this route before.
Back to the question in hand. I hope you find what you are looking for and keep us posted on how things are going. We can learn from your experience.
It would drive me nuts wondering who reported me because it could be a family member, neighbor or a tattle tale.
I read somewhere not to undercharge because bakeries don't like that. Most bakeries are not worried about a couple of cakes here or there but, when you beat their prices they care. Good Luck!
well, risque we are thinking about moving to FL!!!!! 
in GA as long as you don't advertise they don't care..that is directly from the dept of agriculture
im working with a caterer so i'm okay for now but am looking for a closer place to work out of
I don't want to sound like a jerk and I am truly sorry that this happened to you, but if you know baking at home is illegal then I have to ask, why you decided to put this information on the "about us" page on your web site?
I operate Diva of Cakes out of my home, and because of my low overhead, you save! See for yourself!
Best of luck with the whole situation!
teekakes i was just responding to your post:
How? Is he a legal worker? An employee there worked for 4 weeks sick with Hepatitis A in the restaurant before he was pulled from the job. Now keep in mind this is a licensed restaurant with a very good reputation that has been under fire several times for hiring illegals that are carrying God only knows what. Is this uncommon? No! It is not! Where are the FOOD POLICE when we really need them!!! Hmmmmm, now that is something to think about.
This is what I was referring to as illegals not illegal bakers
ewwll and really getting off the subject people who dont wash their hands after using the bathroom
That is a good question, one I have not heard the answer too. I am sure you can go to the Houston Chronicle online and read about it. It is over a 1 month period people could have been exposed to the Hepatitis A. My husband and I have been asking the same question you ask me. Hopefully we will here soon......not that it really matters now that the damage is done.
I knew this was very likely to be a hot topic and almost did not post my feelings because of it. I just do not like rules being made by people that can't won't and don't keep them themselves. 
I do not recall my parents ever asking my brother and I to do or not do something they wouldn't or would do.
At this point I am going to check myself out of this topic because I really do like getting along with everyone and all here at CC are super in my opinion!
hey sorry this happened. I took a look at your website--you might want to change the wording a bit--it is illegal in houston to do cakes out of your home and you advertise it, along with your low overhead--brides do a search and then try to bargain with bakeries and it gets ugly esp when they repeatedly mention whp they can get a cheap cake from. The tip could have come from a simple website search.
and lgl--it is legal to donate to a school or church auction. i have donated a bunch this past year and i totally got the legal questions out just to cma.
Goodluck--maybe find a local caterer that doesn't specialize in cakes.
I used to live in a state where it was completely legal to bake out of my home. So, I just assumed that it was legal in TX and changed my wording to "Houston area" and went on with my life. Yes, assuming made an a$$ out of me.
What state are you coming from? Is your business registered?
Let's all be honest here. If your child went to a birthday party and got a severe case of lysteria, or e-coli, or botcholism because the mom bought a cake from a home bakery, you would sue her pants off, and rightly so, I might add.
I would do the same if the cake was bought from a licensed bakery, so what was the point of that comment? You hear about people getting sick from licensed place ALL the time. I would go as far to say that there are more unlicensed home bakers out there with cleaner kitchens than a lot of licensed places. I am fanatic about my kitchen while I'm baking. I've been in restaurants that I walked back out of, been in bakeries with bug flying around inside their closed display cases, and many other things.
BTW, I'm not an unlicensed home baker, I am just stating an opinion that a license doesn't make you clean and safe.
I'm so sorry this happened to you diva. I know exactly how this feels as it happened to me about 16 years ago. I was a single mother of 3 receiving NO child support. It was a way for me to make extra money. I also had a full time job. Well, the person who turned me in was my ex. The one who would not keep a job or pay support! It was all about control. That was many years ago. I am a licensed baker now and have been for about the last 13 years. It happened for me and it can happen for you. Good luck.
My point was that if your child got sick from a cake from a commercial entity, you would sue the store, not the mom. When buying from a non-commercial source, the mom is also in trouble.
You know, it stinks, but as a lot of people have said, the laws are there for a reason. You went for as long as you could, but got busted. It's sort of like speeding. You go ten over (sometimes 11) and you don't usually get stopped. But, sometimes you do. Are there more important things for the police to be doing like catching drug dealers? Sure. But there are speed limit laws for a reason - safety. The same logic applies to the licensing. The rules are there to not only protect your clients, but you as well.
Teekakes- You went way off subject when you started talking about illegals carrying God knows what 
I was insterested in the subject sounded pretty interesting and felt bad for the girl who had the call from the health department BUT I stopped reading your post at------------
"a licensed restaurant with a very good reputation that has been under fire several times for hiring illegals that are carrying God only knows what"
One unhealthy restaurant and one dirty employee doesn't make illegals disease carriers, so watch out next time you go out to eat I'm sure there is at least 10 illegals working in any restaurant kitchen especially in Texas. 
Your remark has nothing to do with with this lady's dilema and it upsets me, this isn't your opinion you're stating something that isn't true about ILLEGALS and just because some of them are it doesn't make them yucky! ever heard of Mexican food? Good food right?
Sorry if you find any bad grammar my English is not very good. 
Patty Richey
just to touch on the *illegals* for a second, i have a few friends who are drs. and nurses and believe me the legals pass on disease just like the *illegals* its just not on the news
your cakes are great diva i hope you are up and running soon!
Thank you very well said!
I just have to give my 2 cents, I just left a legal cake shop because it was absolutely disgusting. The owner would reuse everything over and over again on many different cakes and orders. You name it she reused it ... cardboard cake rounds, dowels, tin foil , small scraps of cakes and icing. She would just reuse piping bags of icing just refilling and keeping them all in a tub in the frig with old crusty BC in them. She would make choc lollipops and I could not believe all the bowls of hardened candy melts left out on the table. She would clean of her spatula of icing on the rim of the garbage can them put it back on the cake she was icing........DISGUSTING....I left and never went back and she still owes me $$$. This was a legal place.
One unhealthy restaurant and one dirty employee doesn't make illegals disease carriers, so watch out next time you go out to eat I'm sure there is at least 10 illegals working in any restaurant kitchen especially in Texas.
Your remark has nothing to do with with this lady's dilema and it upsets me, this isn't your opinion you're stating something that isn't true about ILLEGALS and just because some of them are it doesn't make them yucky! ever heard of Mexican food? Good food right?
Sorry if you find any bad grammar my English is not very good.
Patty Richey
Patty..........please do not spin what I said and make me sound prejudiced because I am not prejudiced in any way shape or form. My statements are ONLY referring to the health department not doing their job and the Hepatitis A virus just so happens to be the latest piece of news concerning the Health Department. I didn't create the issue.
Sorry for any offense you took from this and I can assure you the way you are interpreting the issue is a spin way off subject.
Okay, new thought. You said you got a phone call from the health department. Are you CERTAIN it was the health department and not someone (competitor, angry neighbor, evil villan) just impersonating a health inspector? If you were given a warning, should it have come in a more formal form so that the health department could keep record of the communication?
I agree with LanaC - strange that the dept would CALL you rather than send their usual delayed written warnings, etc... I know the fire marshall just shows up at my real job. Somehow I would think that they would show up, give you a case number, and automatically issue you a fine.
I think its horrible that this happened and I would go back and look at your caller ID and see who might be playing pranks on you. My husband just heard about this thread and thought it was awfully strange that they called. As far as 'cease and desist' - thats a whole bunch of legal jargon, telling you to do it if you dare, and we're coming after you.
I smell a rat...
Here is my 2 cents for what it is worth.....
We own a restaurant and bakery. We also have a lady who is a home baker "on our staff" who handles any cake overload, most wedding cakes and generally takes GREAT care of us when we are at our wits end.
We have been approached by a number of restaurants that do not want the hassel of hiring a baker to see if we would be willing to wholesale baked goods, it seems to me that may be your goldmine. Cut a deal with a licensed kitchen, decline to be on their payroll (they will love that part ) and tell them you will provide their baking as long as you are free to do your "outside" orders in their kitchen. You may even end up doing all your business out of their place and giving them a commission!
Trust me most small businesses are having a tough time making ends meets & anything that will help them make money without costing them too much money will be welcomed!
Another option is to rent their kitchen on off hrs & pay a little rent, again a way of helping each other.
And lastly, maybe find a very small restaurant (likely to be struggling) that does no baked goods & offer to share the space. I just happened to see such a thing today, 1/2 bakery, 1/2 tamale shop. 
Hope any of this helps! Feel free to email if there is anything I can possibly do to help!
Everyone Smile! Let's all HELP each other!!
I meant to include this suggestion in my first post, but forgot to add it. Now, let me begin by saying I live in a VERY small town which currently does not have zoning laws for commercial/residential areas. So, this may not help anyone - but here goes:
When I began my business three years ago, I rented a small home in town, so I could have a kitchen to work out of. When I called the health dept. I was told that as long as I baked to order, did not sell cream pies, and nobody was living in the home, I did not need a "commercial" kitchen. As long as I had a handwashing sink in addition to the sink I washed dishes in, I was OK. This was an inexpensive way for me to get started legally. The dining room became my workroom, and of course, one of the bedrooms was my office, while the other served as storage space. Of course, I much prefer the commercial space I have now, but this was an inexpensive, quick way for me to get started without losing sleep at night wondering when I would get caught!
Like I said, I am in a town of about 1200 people with no real zoning laws, so I was able to make this work. Just thought I would throw it out there for anyone else who might have a similar opportunity.
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