New: States That License Home Kitchens

Business By kelleym Updated 17 Aug 2014 , 1:55pm by craftybanana

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Stumptowncakes Posted 1 Feb 2010 , 9:36am
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I have been licensed a year now in Multnomah County, city of Portland, Oregon. If anyone would like information for Oregon please contact me and I will be more than happy to help you out with the fine details...and many hoops you will need to jump through.

[email protected]

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ShellsSweetsIndy Posted 1 Feb 2010 , 10:26am
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I have a question I hope someone can chime in on. I live in Indiana and we are only allowed to sell at farmers markets or roadside stands. So If I put up a stand in my front yard can my clients pick up their cakes there? It just seems to be a weird way to sell. I haven't taken the total leap to sell cakes (not confident enough in my skills yet), but would like to know for the future.

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Stumptowncakes Posted 1 Feb 2010 , 8:45pm
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shellssweetindy--you need to check your state/county definition of a farmers market and roadside stand is. My guess is that being a single person you wouldn't be able to sell at the side of the road. Here in Oregon a person can make and sell cakes to friends and family without having to go through the licensing process. People who choose that path have to be careful not to sell outside the friends/family group because they open themselves up for serious fines. Good luck.

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Pacific Posted 6 Feb 2010 , 1:59am
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Any news for Canada?

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me_mysister Posted 17 Feb 2010 , 10:58pm
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I'm surprised it says it's not legal in California. I'm a licensed kitchen in California. I just can't have anyone come in for consultations or picking up their cakes. I have to deliver or meet them somewhere to do that because they want to keep it a residential area.

Should I look into that?? icon_confused.gif

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justsweet Posted 17 Feb 2010 , 11:08pm
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Quote:
Originally Posted by jolenelo

I'm surprised it says it's not legal in California. I'm a licensed kitchen in California. I just can't have anyone come in for consultations or picking up their cakes. I have to deliver or meet them somewhere to do that because they want to keep it a residential area.

Should I look into that?? icon_confused.gif




If your kitchen is in a commericial business area then you should be fine. You cannot bake or sell products from your home.

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me_mysister Posted 17 Feb 2010 , 11:26pm
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justsweet, I live near a commercial area, but I do bake from my home kitchen. The person from the city even came to take a look, but never said anything about it being a separated kitchen from my home kitchen. I think I better look into that, but I do have my license at home!

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justsweet Posted 17 Feb 2010 , 11:29pm
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Quote:
Originally Posted by jolenelo

justsweet, I live near a commercial area, but I do bake from my home kitchen. The person from the city even came to take a look, but never said anything about it being a separated kitchen from my home kitchen. I think I better look into that, but I do have my license at home!




Yes, I would look into it. Do you have a health permit, food safety certification and business insurance?

By the way what county to live in.

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me_mysister Posted 17 Feb 2010 , 11:50pm
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justsweet, I'm still looking into getting my food handler's permit. No, I do not have any of the other things that you listed. I live in Riverside County.

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dreamcakesmom Posted 19 Feb 2010 , 3:55am
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I am in MA and I was told by my town they do not allow home based cake business so for MA I think it varies based on town. If anyone knows differently would love to hear from you

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mandymakescakes Posted 19 Feb 2010 , 4:53am
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jolenelo, I say this only as a concerned fellow caker... as far as I'm aware, home kitchens are NOT legal in CA, not even if it's separate from the rest of the house. You must be in a food grade/approved commercial kitchen. I've worked in the Hospitality Industry (F&B) for 13 years now (Riverside, San Bernardino, LA & Orange Counties) and CA has one of the toughest Health Codes known to man. City Codes will trump the Health Department, but ONLY when they're stricter, and they usually are. I'm not sure what you are specifically licensed to do from home, but I would be so happily surprised (and moving to Riverside County) if you've found a loop hole for cakes. thumbs_up.gif I seriously suggest retracing your steps, though, just to ensure all of your bases are covered, as this would be a very nasty bite if it comes back at you. Good luck! icon_smile.gif

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me_mysister Posted 21 Feb 2010 , 4:28am
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Mandymakescakes, thank you for your concern! Because at the moment that is what I'm doing! Retracing all my steps to make sure my butt is covered! Actually we're looking to rent out a commercial kitchen in the desert to do our cakes so hopefully that works out. Or if we can get a loan to do some renovating on a retail space (cause there are lots available) that would be best.

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ambersweettreats Posted 21 Feb 2010 , 5:43am
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Thank you so much for the information. I hope to be able to bake from home in CT.

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summersusu Posted 22 Feb 2010 , 3:24pm
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So if I want to bake some cakes in my spare time, and sale to friends that request...I have to have a business??? In my state it is legal but what happens if I am selling without a liscence? The only reason I ask, is because I do have a pet that comes in the house, and it says you can not get liscenced if you do.....Does anyone else see how you can get around this. I am just wondering if you can sell just to people you know without being liscenced....or can you bake cakes and get "donations" for your cakes?

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rharris524 Posted 23 Feb 2010 , 10:44pm
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ANy updates on FL? I know that there was bill that was up in February but it didn't effect me so I didn't keep up with it but all of a sudden, my commerical kitchen space that I was renting went out of business icon_sad.gif so now I'm back interested in the results. Anyone know any details?

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dolcepasticceria Posted 24 Feb 2010 , 2:20pm
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Can you tell me where to get the Home Food Processing Rules for the State of Pennsylvania?

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pastryqueen9 Posted 26 Feb 2010 , 5:19pm
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The list is not readable for me....is Maryland a nay or a yay?

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CakeCrystals Posted 3 Mar 2010 , 6:30pm
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I can't access the list. Can I be sent a link, or can you tell me if Washington, DC is yea thumbs_up.gif or nay thumbsdown.gif ?

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Wonderchic Posted 5 Mar 2010 , 2:53am
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Domiee Posted 8 Mar 2010 , 5:56pm
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Could anyone tell me about long island, ny if home kitchens being licensed are not allowed

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AngelaM Posted 8 Mar 2010 , 9:20pm
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Quote:
Originally Posted by rharris524

ANy updates on FL? I know that there was bill that was up in February but it didn't effect me so I didn't keep up with it but all of a sudden, my commerical kitchen space that I was renting went out of business icon_sad.gif so now I'm back interested in the results. Anyone know any details?




I've tried researching this but I can't find ANYTHING about it. Can you send me somewhere that mentions it?

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Wonderchic Posted 9 Mar 2010 , 3:15pm
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Quote:
Originally Posted by AngelaM

Quote:
Originally Posted by rharris524

ANy updates on FL? I know that there was bill that was up in February but it didn't effect me so I didn't keep up with it but all of a sudden, my commerical kitchen space that I was renting went out of business icon_sad.gif so now I'm back interested in the results. Anyone know any details?



I've tried researching this but I can't find ANYTHING about it. Can you send me somewhere that mentions it?




I think there's something in a Florida forum topic here. I've been reading about Florida because we're considering moving there from Michigan. From what I read it looks like the bill is under consideration (perhaps?). Sorry, that's the best I can do for you. I hope you find the thread!

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Domiee Posted 10 Mar 2010 , 1:53am
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No one knows about NY.... I am not sure where to start looking to find out. If anyone could help me please I would really appreciate it!

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jhay Posted 10 Mar 2010 , 2:12am
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The thread for the Florida home baking is called
"Calling all FLORIDA home bakers...Let's get the laws changed!"

I don't know how to up the link up, but if you search "Florida" in the forum search...it should come up.

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chrissypie Posted 10 Mar 2010 , 2:28am
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Domiee where are you on Long Island, I live in Long Island too, Suffolk County and as far as I know, it is not allowed. I called around a bit and was told no, although the people I spoke to didn't seem like they really knew what they were talking about, and just quickly brushed me off. So, I am still not 100 percent sure, but I think it is no! Hoping someone in CC world has a more difiniitve answer for me. I know there is a cake "shop" that runs out of a home in Northport and they advertise on Facebook and everything so who knows?

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Domiee Posted 10 Mar 2010 , 2:58am
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Yea I am in Suffolk also. I have been asking around also and no one that I know is sure whether or not you can. Thank you for getting back to me and I'm going to keep searching. If you find out anything please let me know

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chrissypie Posted 10 Mar 2010 , 3:08am
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I will def. you too!

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ChoueiriCakeCo Posted 12 Mar 2010 , 1:20pm
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This thread has been very helpful, In my state (NJ) I've read a lot of No's and yes' (if the kitchen is separate), but does this mean what I think it means?

http://www.njleg.state.nj.us/2008/Bills/S3000/2908_I1.HTM

"This bill permits the sale of home-baked bakery goods if the consumer is notified by a clearly visible placard at the point of sale, in a manner prescribed by the Commissioner of Health and Senior Services, that the bakery goods were prepared in a kitchen that is not subject to regulation and inspection by the Department of Health and Senior Services."

What exactly does that mean? Do I have to get some type of official document or am I responsible to notify every customer myself? I haven't started a business yet, but I am hoping to within the next year and just want to make sure I'm doing everything right.

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Spectra Posted 12 Mar 2010 , 10:02pm
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For those of you in Canada, it varies per province, so you need to speak to the Health Dept. I'm in NB and I spoke to them today and this is what they told me. If you want to sell your baked goods in a Farmer's Market it's pretty easy, they just sign off on it, and that's it, this is called a Class 1 license. Plus you'd need to take a Food Safety Handling course, which is like half a day.

If you want to sell outside of the Market, to just random people, etc, that is called a Class 4, and you would need a separate kitchen. This consists of a separate sink and stove, and that is it. They changed the laws so you don't need a separate bathroom. Now he told me "separate" means even having it in your basement or a garage, just as long as it is separate from the dwelling where random family members would come and go. He also said you can rent a kitchen from a church, or where ever.

So if you are in Canada and are wondering, just call your provincial health department, they have all the answers! icon_smile.gif

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flyershockey10 Posted 12 Mar 2010 , 10:45pm
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For those of us in Pennsylvania.. I just looked this up on the Dept. of Agriculture's website:

http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_2_24476_10297_0_43/AgWebsite/Files/Publications/Home_Processing_rev_11-05.pdf

This is what it says on home baking:
Home baking is the most common type of food processing conducted in the home kitchen. Traditional bakery items produced are cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries, etc.
PHFs are not allowed to be prepared in the home kitchen and may include: cheesecakes, pumpkin pies, cream, custard and meringue pastries / desserts or any food item that has sufficient moisture, high pH (low acidity >4.6) and/or ingredients that will support the growth of pathogenic microorganisms. PHFs also include any baked good containing meat or cheeses. Generally, any product requiring refrigeration after preparation would by considered potentially hazardous.
Bakery items made and sold, directly to a Commonwealth consumer, by the baker, do not require any labeling information on the products or any form of display.
Items sold at retail, not owned or operated by the baker, requires one of the following forms of labeling:
(1) If products are in packaged form all required information must be on the package
(2) Products loose and bulk displayed must have all required label information posted by the display
(3) Bakery items sold at establishments for consumption on the premises, such as a restaurant, require that the label information be available to the consumer upon request.

Candy Making
Most types of candy can be made in a home setting. These would include; fudge, lollipops, chocolates,
tortes, hard candy, rock candy and others.
Registration and fee are required.
All labeling requirements on the containers must be met.

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