Has anyone ever been "caught" by the Health Department for selling cakes/cookies out of the home?

nope...something to think about. I guess someone would have to tell on you or complain.

Isn't it funny how we live in fear of the health department? It's like they're the mafia. It's not like I'm growing marajauna in the back yard.

I haven't been, but I know someone who was. She was fined (I don't know how much)....

something to THINK about!

for sure

At what point are we supposed to notify the Health Dept? Once we start excepting payment for cakes?

We don't have those issues here in Ohio!

If you're getting paid for cakes (on any level, in any way), the health department, the state, and the IRS will definitely want to know about it.

You might start with a call to the HD to see what they have to say about it, as in "Hi, I'm thinking (key word) of starting a cake business. Is there anything I need to know?" If there is, and if your state's like mine, you'll probably get enough info from them to put you to bed with some aspirin and a stiff drink for the rest of the day. lol Just kidding; maybe just a stiff drink...

Depends where you're from. Every state has a very different set of rules. I'm in Iowa where the rules are very lenient for "hobby bakers". I may bake from home unregulated as long as I don't sell any product requiring refrigeration.

If you are charging, you need to apply for a federal ID number and a sales tax permit (both free--just fill out the papers). Definately contact your health dept though. That's going to be the sticky one. Better safe than sorry. But whatever you do, don't say you are already selling cakes! Tell them you are thinking about it and wondering what rules would apply you.

And keep in mind that you may never, ever sell a licensed cake--like Disney or Scooby Doo or something with a trademark. Those pans come with disclaimers that they are for home use only. You may not even be reimbursed for ingreds used for those or it's considered a copyright violation. I wasn't even aware of that one until I saw it on another thread here.

I think there is a business section on the forums where you can find girls in your own state who have discussed some of the state regulations. That's where I got most of my info and inspiration to become official.

as far as the copyrighted "characters," does that go for just the shaped pans, or say an FBCT?

Wait a minute... are you saying growing marijuana in the back yard is illegal? Crap. Um... I've got to go mow the lawn real quick... back in a sec! Hahahaha!

I had no idea until recently that you could get in so much trouble selling cakes from home without proper licensing (in some states) and I also never really thought about the whole licensed character thing until I read about it here. It makes sense, but it sucks. Can you get permission from these companies to sell cakes with their images, or do you HAVE to buy those ugly flat plastic thingies?

This is the second topic about being 'legal' I have seen today and ironically...I have been very nervous about this in the last week.

Here in Washington, it seems like a hobby baker as I classify myself is not really an option unless you give everything away. I start to read about what you need to start a business and I just end up with spending the evening with my good buddy Capt. Morgan...got a little capt. in you? I really don't even know what all it entails, but I sure as hell know I need to win the lottery to build that killer commercial kitchen off the side of my house...do you think the neighbors will mind that it will be on their property?

WOW...the capt's calling agai, gotta stop thinking about the mafia!

The government is way too much into our business. AND people are sue happy. Both together, makes a cake baker from home in a bad place. I have no problem paying the IRS. It is the HD that is my big beef. I realize it there to "protect us", but in the case of home hobby bakers, it is just obnoxious.

I hear ya on the mice thing... we have to put a lot of effort into keeping it clean... but after getting 2 sandwiches with pubic hair on them from McDonald's, I realize that a license doesn't always carry any weight. It's easy to get it clean enough to pass the insppection... but when you are hiring lazy, sloppy, ignorant people, (not ALL the employees of course, but it only takes one) or someone who thinks doing that intentionally is funny, ugh! I have to assume it was intentional because when I took it up to the manager three grill guys were peering over the back counter and laughing. He didn't do anything about it either, just offered me a new sandwich. I said, "Are you F-ing crazy? I won't ever eat here again!" And haven't in over three years! YUK!

I guess I got a big ugly look when I was getting ready for my initial inspection saying "why do I have any reason to be nervous, if I'm doing everything as I should be, there's NOTHING to be nervous about. The inspector has to find something that I need to change in order to justify their job, it's just a question of how expensive the change is going to be!" (I've had to change lightbulbs one year, put a spring on the bathroom door another, and one year paint the ceiling...)

Sure, not all establishments could pass an inspection every day of the week. The question is whether or not they keep the stuff they do have clean. If they put the time into making sure things are kept clean, that's the first line of defense (next to every staff member working there)..

I don't quite understand why it would be illegal to make a cake of a character and sell it, when you can buy them at walmart with characters on it or at any grocery store.

OK so explain to me why you just can't say when you sell a cake that the person was paying for the materials and also was giving you a monitary 'gift' for the for your efforts on the cake. Since they are not able to make the cake themselves.

Think about this! If we take so much pride in our work that we sell it and people want to buy it. We want repeat customers and good word of mouth and we cook for our families out of the same kitchens. Wouldn't we want to sell good clean safe cakes. Mayby the Board of Health should be looking into more of the restaurants people eat at.

Really, what do you think the likelyhood of getting caught. (not to paranoid now )

I think it depends on who you sell to and where you're located... personally I don't worry about it too much because most of the people that I sell to are friends, family or friends of the family and they wouldn't dare turn me in... most of them don't even know that I SHOULD be licensed in the first place... everyone seems to think that I should just open a bakery and the health department doesn't have to be involved... i WISH! I hear ya about the mice thing too... we've actually had problems in our house with mice but I don't leave my cakes out where they can crawl in them! hehe... I rewash all of my pans before I use them just in case... as for the characters... eh, who cares... I sell them to people, well, they pay me what they want for the cake so if you count that as selling then whatever...