Bill In Texas For Legal Home Bakeries! Calling All Texans!
Decorating By kelleym Updated 7 Feb 2011 , 11:14pm by kelleym
That's me!
That's correct, whole cakes, and other bakery items are not subject to sales tax as long as we don't provide a plate and fork or a place for them to sit. I can drag up the statute if anyone wants actual documentation.
My neighbor is a lobbyist and he tells me that this is actually a positive for the bill, because if there are sales tax implications, then there is a whole other process the bill has to go through.
Plus with licensing fees and such, we are paying money into government agencies, so think of the money it would generate if all Texas bakers who wanted to be a legal kitchen had to pay 100 dollars apiece for licenses - on top of that, fees for food handling licenses, which are good for 2-3 years, I can't remember which. My youngest son is a waiter at one of the local Casa Ole's and he has to have one, as well as his TABC license. I believe the food handlers is around 20-25 dollars, again, haven't had to have one, so I am not 100% sure. Anyway, there's additional money and you know that every 2-3 years it's going to have to be renewed. Plus, if licensing fees are annual or every couple of years it's just repeat income that they miss out on otherwise. It all washes out in the end. I don't mind having to pay 100 dollars a year or whatever to have a license for a real cake business and then know that i have to have a food handlers license every 2-3 years as well. You can do the course online but I think you have to go in to take the test. It's not rocket science either, you probably do some of it for your home kitchen already and don't realize it!
lanibird, this is really off topic but I noticed your avatar and I have ask if you saw Jon completely rip Jim Cramer a new one last night. It was so fantastic!
Okay, sorry! Back to Cake Walk Austin 2009!
I just finished watching it online. It was great! 
I love how people underestimate Stewart as a comedian who does little more than "make fart noises and funny faces", and are then are blown away when shows how smart and knowledgeable he is.
And now back to your regularly scheduled programming... 
Here is a link to one Food Handler's Course through the Texas A&M AgriLife Extension Service. I believe it is $15 and good for two years. There are a lot of sources, but I'm kind of partial to TAMU. 
http://extensiononline.tamu.edu/courses/food_safety.php
Here is the other one and this one can be started online and then you go in for the test.
http://www.dshs.state.tx.us/foodestablishments/CFM.shtm
I stay off campus if at all possible. I deal with the students on a regular basis everywhere else. laughing if you live in a college town, you understand. They are not bad kids, at least not who I have dealt with, just a lot of students! laughing. They are everywhere! And I'm good with that, because they are getting and education and a lot do participate in the give-back program, which we have used on occasion! but when you have grown kids the same age and you're at that second phase of your life, you kinda want to not have to deal with someone else's grown kids too often! Oh, it all sounds so mean, but I honestly mean it in the sweetest way possible.
Just spoke with Patrick in Rep. Gattis' office and asked him to carify the Food Handler's Certificate clause, as it currently says 'Food Manager's Certification Course', which is a different thing - much more expensive and time consuming.
Patrick asked me my thoughts, and I said that for non-potentially hazardous foods only, the Food Managers Certification Course seemed like overkill, and I thought the Food Handlers Certificate was sufficient. He agreed and said he would have the draft clarified.
I have a new mission for everyone: When you are calling your State Reps, specifically ask them to consider becoming a 'Joint Author' of the bill. Patrick says this will help the bill, as it is a sign of broad support. We need to get some other Reps signed on!!
Again, stress "the economy, stupid" (anybody remember that saying from the 1992 Clinton campaign?). There is no argument as persuasive as this one at the moment. The extra $200 that someone makes doing cakes could be the difference between making the mortgage payment or not. Or having to apply for food stamps.
Go forth! Get Joint Authors!
p.s. Twopeasinapod, if you are reading this, I would espsecially love to have Rep. Swinford as a Joint Author. Anyone else in his district in Amarillo, please call his office today!!
This one (AgriLife Extension) looks like you do the whole thing online - even print your certificate after the test.
Texas Department of State Health Services accredited food handlers program is now being offered online! This class is recommended for all food service employees to help promote the service of safe food. The class is a basic overview of food safety principals practices that are necessary to ensure you serve safe food at your establishment. Upon completion of this course you will be able to print a Food Handlers card that is valid for 2 years. The course fee does not cover any fees associated with your local health department.
I took the online one for my job and it's awesome because you do even print it out right from your printer. It's not a hard test and it goes pretty quickly. I am so excited to think that we could finally be able to get this passed! Thanks for all of your hard work and for keeping me posted on the latest!
What is considered Non-hazardous food? Given the peanut allergies some people have, and I would think people would consider peanuts/peanut butter hazardous if they suffered with those sensitivities, how do they define hazardous/non-hazardous food?
Thanks for any clarification!
Denary
Read here for more on non-potentially hazardous foods. It is a specific category of foods whose combination of low water content and high acidity that means they do not have to be refrigerated. Things like cakes, cookies, brownies, and bread. It doesn't have anything to do with potential allergens, although in some cases those would be very hazardous!
Oops I just realized I put that I have had my tax id since 1994, more like 1984! HA!
So, I signed up to be updated about the bill progress on the legislative site. Is there someplace else to look to know when the committee has been formed, and who is on it?
With the way the law is now, does it mean that all these bake sales we did for the PTA, Student Council, Church camp, Boy Scouts, etc. have been illegal?
Awesome! Great job on adding the "Never called a Rep before?" to the website. That's perfect. That would've definitely given me the confidence I needed.
Awesome! Great job on adding the "Never called a Rep before?" to the website. That's perfect. That would've definitely given me the confidence I needed.
It was your post that inspired me to put that - I realized I may be losing a lot of potential phone calls because of fear of the unknown!
icantcook - you can send an email to me at [email protected] if you want to be on the daily email update list. This is going to be for the hard-core among us, I will be asking email list recipients to make LOTS of phone calls! lol.
Different counties may currently have exemptions for bake sales for registered charitable organizations. If you have a question about your specific county please call them or start another thread to ask. This thread is already getting long enough for people to not want to read, and we've only had a bill for 3 days.
Hi Ya'll, My first time posting. I'm a member of the Austin Capital Confectioners Club and am fortunate to have KelleyM as a fellow club member. I too am sooooo excited about the progress that has been made so far with HB3282. I bet I check the TCHL site 20 times a day to see how many more signatures have been added to the petition. A bit OCD I know but I'm sooooo excited! I think it would really help our cause to bump up the numbers on the petition.
If you haven't already enlist friends and family to send an email out to their extended friends etc. I would suggest putting a short but not too short explanation of what this bill does and does not do. I found out the hard way the people that are not in the cake world can be clueless and will put comments with their signatures that are not helpful. A friend of a friend signed the petition but then stated the she thought this was a stupid bill and the government shouldn't be wasting time on it. She thought that the bill was to make it illegal to have a home bakery. So the next time I sent the email I put in more detail instead of just telling them to go to the site. Sorry to be so long but I wouldn't want our efforts to be wasted. Her signature had to be removed from the petition.
Anyway we need lots of Texas signatures ASAP.
We are all so grateful to KelleyM for taking the bull by the horns and taking this on. She is amazing, for those of you that have not met Kelley let me share abit with you. I don't know if you are aware that Kelley is doing all of this with a baby on her hip, literally. Ashley is about 6 months I think and adorable. Kelley always updates us at our meeting and either one of us holds Ashley or Kelley does. She is so good and enjoys all the goings on. Kelley has 2 other children at home too. I don't know if Kelley is a native Texan but she is an ideal Texas woman. She has a good heart, sharp as a whip and unwavering in her goals.
Thank you Kelley.
Ok, I'll stop now or you will hope that my first post will be my last.
PASS HB3282 AND WE WILL BAKE A CAKE FOR YOU!!!!!!!!!
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Here's the link
http://www.petitiononline.com/TXCotFd/petition.html
, does it show? Thanks for the link.
I have lots of people asking me why I don't make cakes from home. They have all been appalled to hear how restrictive the laws are. Texas has an image of being independant mavericks. I hope we take a step back toward those roots!
thats amazing. please keep me informed. I didnt even know there was anyone trying for a bill. thank you thank you.
Kim
[email protected]
Thank you Kelley and lanibird for all the work you have been doing! It's amazing how much you have put into this. I will do what I can to help.
Michele
The most important thing we can do is contact every single person that represents you in Austin. Kelley has provided links to use that will help identify who those reps are. Send them an email ...mention House Bill 3282...make sure they understand that this is a "feel good" bill without a lot of baggage attached. Kelley is doing a lot of work in Austin and she needs some commitments from Austin area bakers. Historicaly bills filed late in the session (ours was 2 days before deadline) die on the floor at close of business (May 31). The Texas legislator meet only once every two years...do the math. If anyone in Austin (or nearby) can contact Kelley either thru this forum or at her website TexasCottageFoodLaw.com she needs help......
I called ! Yay! I'm so excited about this!
Keep me posted! I'm ready to do whatever needs to be done!
Austin here we come!
There is a place on Kelley's website to sign up for daily updates.
I have a suggestion for the cake walk...
Instead of a single cake, everyone should take at least two dozen cupcakes. People always gravitate towards free goodies and giving them a great home-baked cupcake will get their attention. Plus they won't need plates or plasticware and can eat it right then or later.
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