Ok, so i've been on here reading all sorts of topics and an really confused. I have just recently started making cakes. So far have only recieved money for two of them. I'm in Ohio. Do i need to get the health department and all that involved? What exactly is a "legal" home business? I'm going to be doing a wedding cake for my best friend in April, but am doing it as her gift. will I get in trouble for doing this cake? I'm soooo confused.

It is different for each state and sometimes different for cities/counties within that state. I am in GA and it is my understanding that we have to have a separate kitchen with various requirements. Not sure what Ohio is but maybe it isn't as strict.

Hi kchart,

Until you get some responses from OH, this might help:

http://www.cakecentral.com/article57-US-Wanting-to-start-a-Cake-Decorating-Business-but-where-do-I-begin.html

I would do a search in the Cake Deco Business forum for your state's rules. Also county and city, too. This is quite a popular topic!

Good Luck!

kchart - I would check with the state department of health first, you may even have to go to the department of agriculture. I believe that state usually trumps local unless local have stricker laws. But then again you may not have local governance either. You may find the information online also........

it's my understanding, though, that if you're doing a cake for free (like the cake you're doing as a gift for your friend) then you don't need to worry about your state's regulations. It's only once you start taking $$$ for your cakes that you need to worry. So for the cakes you sell, you should look into it but for the cakes you make and give away, you should be fine.

Call your county health department. They will know what is requiered. I am in Georgia and it varies by county. My county will not license a home baking business at all.

OH operates under "cottage food" regulations (due to the large Amish population). You can sell cakes out of your home. In some circumstances you must label your products with all the ingredients (can't just say cake mix, have to list every ingredient in the cake mix). I believe labeling is required if you don't hand the product to the customer directly.
Others here from OH can add to this.

my friend operates under the cottage law in OH but I'm considered a bakery (using a church kitchen in OH). You can get a license for I believe only $10 for the under the cottage law. You do also have to have everything labeled. (under the cottage law you can not sell anything that needs to be refridgerated, but can under bakery---each needs to follow the same guidlines for labeling.) Name of item
net wt in grm and klg.
business name and contact info
all your ingredients (most from least)

Just call the dept. of Agriculture --under the cottage law you do not need an inspection, under bakery it is every 6 months.

thanks for the help! i guess i should start making some phone calls!

O.k. it pretty much breaks down to:
Wedding cake for a backyard BBQ at the friend's house... no problem..
Wedding cake for friend at paid site or church hall... check with your co. health dept. or department of Ag for what your state's law is.

Different states and municipalities have different laws. I know here(MN), you can't do a paid cake for $$$ unless you're using a licensed kitchen. You can use a licensed kitchen without having a license of your own, however you cannot advertise. Once you have the use of a licensed kitchen you can go through the inspection process (which really is a fair process!!!) to obtain your own business license through the Dept. of Agriculture (bakers are covered under the Dept. of Ag here because we travel all over with deliveries)..

Check with your state and the reception venue. Better safe than sorry!