Laws In Alabama

Business By ministerswife1995 Updated 30 Jul 2006 , 12:56pm by tonyah

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ministerswife1995 Posted 26 Apr 2006 , 4:14am
post #1 of 17

Does anyone know what the laws are for selling cakes out of your home in Alabama? I would only want to do birthday cakes and maybe cookies. Is there anyone who could tell me what you need to do and what kind of laws there are? Thanks.
Dawn

16 replies
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JennT Posted 26 Apr 2006 , 4:18am
post #2 of 17

Where are you in Alabama? I contacted the Health Department where I am and they are the ones who give you the licensing....but you can't do it out of your home. You have to either have a separate kitchen...completely separate from your home kitchen, or you can rent time in an already licensed kitchen, or you can even use a church kitchen but it still has to be inspected by the Health Dept....but they're pretty considerate if you go that route, not quite as strict. If you decide to build your own kitchen, whether at your home or if you were to open a store front, you have to meet all of their requirements, and there are a TON of them.

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umfalcon Posted 26 Apr 2006 , 1:56pm
post #3 of 17

THANK YOU!!!!!! Ministerswife1995 & Jen T.

I have been trying to find out if it was worth my time to do this very thing here in Bham. A worker of my mother wants to do their cake, but the reception venue requires a business license. People are always tell me I need to go into business, but I keep telling them dealing with food is very difficult.

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JennT Posted 27 Apr 2006 , 1:42am
post #4 of 17

You're welcome...glad it was helpful. It's actually much easier if you go the church kitchen route. It still has to be inspected and all, but they most likely don't require the 3 compartment stainless steel sink, grease trap, etc. I'm actually working on getting my license that way right now, but just for a few months. We're in the process of building a cake studio here on our property, but it's going kind of slow - so I thought why not go ahead and get licensed using a church kitchen for the time being. I have a few orders coming up in the next couple of months, small ones, but still...I'd really like to go ahead and be legal so I can start advertising. Would help off-set the costs of the cake studio at least a little bit. Plus, I'm really tired of feeling like I'm doing something horribly wrong and I could be 'caught' at any moment...LOL. Even though the head of the health dept. here told me that they don't really go after any unlicensed home bakers unless they advertise...I really wouldn't want to get hit with a big fine...that would be a HUGE setback. icon_smile.gif

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tonyah Posted 21 Jun 2006 , 1:43am
post #5 of 17

Hi! I work for the Health Department in Alabama so if you have any questions I'll try to answer!

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Rebekka Posted 24 Jun 2006 , 11:11pm
post #6 of 17

Hey...I'm in Birmingham (but I grew up in Fairhope icon_smile.gif Do you know any of my relatives?).

I'm in the same game here, eventually we are going to build a cake studio but for the next couple of years I am going to have to rent a kitchen. I am working on a website and really want to start advertising! Ministerswife, do you know of any church kitchens in the area that might let me rent? I'm kind of scared to call, because I don't know how to ask about that, and I'm scared of rejection haha!

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tonyah Posted 25 Jun 2006 , 7:39pm
post #7 of 17

Rebekka

Have you tried any restaurants that only serve one meal? A lunch only place or one that opens only Thurs-Sunday?

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Rebekka Posted 26 Jun 2006 , 2:13pm
post #8 of 17

Oh, great idea, tonyah! I don't know of any around here off the top of my head, but I'll try to brainstorm.

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JennT Posted 29 Jun 2006 , 1:21am
post #9 of 17
Quote:
Originally Posted by Rebekka

Hey...I'm in Birmingham (but I grew up in Fairhope icon_smile.gif Do you know any of my relatives?).

I'm in the same game here, eventually we are going to build a cake studio but for the next couple of years I am going to have to rent a kitchen. I am working on a website and really want to start advertising! Ministerswife, do you know of any church kitchens in the area that might let me rent? I'm kind of scared to call, because I don't know how to ask about that, and I'm scared of rejection haha!




I don't know - what's your last name or who are you related to? We're Thompson's, but there's lots of people down here with that name that aren't related. We're also related to a lot of the Moore's...as in Moore Bros. Market in Magnolia Springs...familiar with that?? We live on Fish River at the mouth of Weeks Bay...3rd house upriver from the bridge..you can see the house from the bridge. Know where I'm talking about? Right off of Hwy. 98 at the old Inspiration Oak...which is now cut down. Where'd you go to school?


As for contacting a church about renting their kitchen...they're usually very nice about stuff like this. Just call and tell the secretary what it is you're doing (a cake business) but that you have to be licensed in order to advertise and you can't afford to open your own shop yet...and that the health dept. will license you if you can rent kitchen time from either a restaurant or church. I would also say something like you'd rather be giving your money to a church than a restaurant and that the hours would be better for you working from a church, rather than having to work around a restaurants schedule. Then ask her who the appropriate person to discuss this with would be...she'll point you in the right direction. Once you get to meet w/someone, you'll need to explain to them that the kitchen will have to be inspected by the health dept., but that they don't require quite the same things as they do with a restaurant. Make them secure in that you're not asking to come in there and make all kinds of improvements to their kitchen or expect them to do that. The health dept. will tell you right off the bat if the church kitchen is acceptable to them or not....they're basically just looking for (in a church kitchen) a kitchen that's clean, well equipped (meaning the basics, pretty much), is basically up to code as far as electrical stuff goes, etc. and not able to have all kinds of unmonitored foot-traffic, etc. so your product isn't susceptible to tampering and that sort of thing. The first church I was looking at was not up to par for the health dept., and not to me, really..it was just the closest one to my home. The second one worked out great - I only pay them $50/month and can use it Mon, Tue, Thurs, Fri and most Saturdays. If they're having a function on any given day, they let me know.

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wespam Posted 29 Jun 2006 , 11:25am
post #10 of 17

tonyah, this question is for you. I've only been decorating for a few short months. I live outside the city limits. I've been told that you do not need a business license nor could I get one if I tried. Is this true? or is this for just other kinds of businesses? Pam from Bama

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JennT Posted 29 Jun 2006 , 4:30pm
post #11 of 17

wespam - I'm not tonyah, maybe she'll answer soon and share what she knows...but I'd like to share what I found out down here. If you're outside city limits, like I am, you don't have to get a business license just to operate the business itself. BUT - since your product is food, you still have to be inspected & licensed by the Health Dept.....Totally different thing than a business license itself.

We also own a landscaping business, but the licensing for that is a little bit different. Since we perform the actual work in different cities/towns within the county, although our physical business location is outside the city limits, we have to get licenses in every city/town that we have a client in or perform work in. With a cake business, you perform the actual work where you are (outside city limits, in this case), and only possibly deliver to other areas w/in the county...therefore you don't need an operating busines license.

Hopefully this has helped and not confused you icon_redface.gif Maybe tonyah will answer soon and can fill us in with some details and/or correct anything that I may be wrong about.

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tonyah Posted 2 Jul 2006 , 2:11am
post #12 of 17

Sorry - I didn't get an email that someone had replied!

For the business license it depends on your county. Our city and county requires a license but you cannot get one for a food business without a permit from the health department. Check with the health department and see what they say.

You can call in and ask about getting a permit and see what they require - honestly we're great sources of information. Usually we know who has an emply kitchen or equipment and they can tell you the easiest way to get the requirements met to get permitted. If you have any other questions I'd be glad to try and help!

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cupcakefetish Posted 29 Jul 2006 , 11:50pm
post #13 of 17

I live in Jasper Alabama and am starting to realize that opening up a cake business from my home isn't going to happen. icon_cry.gifDoes renting out from churches or resteraunts really work? I currently work as an interior decorator in Birmingham for a retail company but want to have a business that I can do closer to home and still make a decent living at. Anybody have any suggestions? Thanks in advance icon_biggrin.gif

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tonyah Posted 30 Jul 2006 , 1:35am
post #14 of 17

I inspect in Alabama and yes you can rent time/space from someone in a licensed kitchen. It's a good way to start. I have an owner who has offered to let me use her kitchen - all I would have to do is get a permit for my business and it would be inspected along with hers. If I can help let me know and I'll try or point you to someone to talk to locally!

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mittmitt Posted 30 Jul 2006 , 1:45am
post #15 of 17

It's the same thing for Indiana, I can rent from a church/resturant but I can't do it from home icon_sad.gif
A little ot, I use to live in Jasper Al, I guess Indiana and Alabama have something in common

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cupcakefetish Posted 30 Jul 2006 , 4:15am
post #16 of 17

Tonyah, since you work for the health department why are there laws prohibiting me from having a cake business from my home? I'm just curious.

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tonyah Posted 30 Jul 2006 , 12:56pm
post #17 of 17

It's for public protection. You can't sale anything that is homecooked or canned because it's not a 'controlled environment' type setting. You don't have that in your personal kitchen. You may be baking and along comes a family member that swipes their finger in the icing. You don't know it but they didn't wash their hands after using the restroom. It would then be possible to make whoever ate the cake sick. In a permitted separate kitchen you wouldn't have such traffic (theoretically) and if you did and the inspector saw it you would be 'educated' on what was wrong and why it's wrong. If you had a separate kitchen you would more likely tell whoever came in to wash their hands and keep out of things.

It's not just cake businesses - which to me is less 'dangerous' until you get into fillings with eggs- but all food businesses.

sorry if it desn't make much sense - been up late with a sick child. icon_confused.gif

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