Cottage Food Laws In Ohio

Business By amberlee416 Updated 4 Mar 2011 , 6:08am by jason_kraft

lordbuffington Cake Central Cake Decorator Profile
lordbuffington Posted 17 Apr 2009 , 1:55pm
post #31 of 78

I just wanted to say "hi" to all you Ohioans! I am in Stark County, which doesn't seem to be close to any of you. I am a cake hobbyist at best, but a friend of mine asked me to make a cake for her mom's birthday party next week. I am only charging her the cost of supplies, but am hoping will get some word of mouth business from it, as it will be a large party. I am really excited about the Cottage Laws, because I think I could bake under these laws until I have a larger kitchen so that I can get licensed! I want to thank the poster who gave the info about the ingredients and weight labels...I would have had no idea!

Andrea

CookieMakinMomma Cake Central Cake Decorator Profile
CookieMakinMomma Posted 17 Apr 2009 , 3:20pm
post #32 of 78

Just wanted to share with fellow Ohioans:

If you have a non-county water source (well, cistern, etc) you have to have your water tested for coliform in order to get a home bakery license.

The house I rent has a cistern and we would have to get it tested before I could be licensed. This stinks as I have a bad feeling that tests would come back positive. Old house, crummy cistern, lazy landlord... I could go on icon_smile.gif I live on the OH border (could practically throw a rock and hit the OH river) and most of my potential business would come from Pittsburgh, PA. I'm afraid to have the water tested so I'm stuck as a cottage industry until we can move. icon_sad.gif Hmmm... I wonder how many Pittsburghians would be willing to drive to OH for homemade cookies? icon_biggrin.gif

Oh, and we do NOT drink the water. eeeeeew. we buy jugs of water for cooking and drinking.

Tanzen55 Cake Central Cake Decorator Profile
Tanzen55 Posted 19 Apr 2009 , 3:07am
post #33 of 78

Hello. New here! I have a question about the vendor's license. Isn't it just to pay sales tax, and bakery items don't have sales tax applied to them, so no need for a vendor's license?

http://tax.ohio.gov/divisions/sales_and_use/documents/streamlined_sales_tax_food_BR.pdf

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 19 Apr 2009 , 1:06pm
post #34 of 78

Hi Tanzen....Yes, you are right about what you stated. If you are selling just from your home, it is not required. However, if you plan on purchasing supplies that you can be tax exempt from, (non-food items) for your cake business, you would need one. And, if you plan on selling your product at events, and other places, then 99% of the time, you have to have a vendor's license, in order to do that. I had my license I'm guessing for two to three years, then out of the blue, I was sent a letter from the State tax department telling me that if I intended to keep my license, and keep using it, I would have to show that I had some sort of taxable sales through the year, or they would revoke it.
I HTH....Brownie

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 19 Apr 2009 , 2:12pm
post #35 of 78

Hi All....I was looking at the label someone posted on here. I don't want to step on any toes, or come across like a know-it-all, but here is the correct way to do a label. This is from one of my chocolates.

Milk Chocolate Covered Cherries (name of product needs to be on first line whether it's chocolates, cakes, cookies etc.)
Ingredients: (listed from heaviest to lightest) Maraschino Cherries, Milk Chocolate (you can't just list Milk Chocolate, you have to list what is in it. The same for any ingredient you list such as wheat flour, heavy cream etc) (Sugar, Fractionated Palm Kernal Oil, Cocoa, Dry Whole Milk, Non-fat Dry Milk, Chocolate Liquor, Lecithin (an emulsifier), Vanilla (Water, Alcohol, Sugar, Vanilla Bean Extractives) Salt.

(I highlight any allergens in Red in the list of ingredients so customers can easily see what there is such as Whole Dry Milk, Soy, Eggs etc)

Ocean Front Chocolates & Specialty Cakes LLC
317 Windsor Court West Carrollton OH 45449 934-602-4584
www.oceanfrontchocolates.com

You have to include your business name and address or at least, your address/phone number. I put in my web site address but it isn't required.

This is a Home Produced Product (has to be included and in 10 point size)

Net Wt. 4 oz (have to include the net wt)

I center the whole label, and add pictures to dress up the labels. There can be a lot to include in a correct label, so you may have to use a larger one. It's important to know that you have to label everything you make that leaves your home, AND...The product(s) have to be properly packaged) The only thing I don't label are wedding cakes.

I HTH! Bye all.....Brownie

Tanzen55 Cake Central Cake Decorator Profile
Tanzen55 Posted 19 Apr 2009 , 11:17pm
post #36 of 78

Brownie, that is where I get confused. Whether it's from my home or at a farmer's market, either way it is nontaxable goods???

CherryLane Cake Central Cake Decorator Profile
CherryLane Posted 20 Apr 2009 , 1:37pm
post #37 of 78

In Ohio, delivery fees and rental fees are taxable. So if you charge a delivery fee for delivering a wedding cake or a rental fee for cake stands or fountains then you need to tax the fees. HTH

Cindy

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 20 Apr 2009 , 1:41pm
post #38 of 78

Hi Tanzen...

You are right, your baked goods are non-taxable from your home, or at a flea market.

Here's some researched information on a Vendor's license:

If you have a shop it's considered a "Fixed Place of Business", so you do have to have a Vendor's License. You would be considered a "Retail Vendor" and you sell taxables.

You have to have a Vendor's license, as this license is used for the collection of State Sales Tax or proof that you don't sell taxables.

Transient Vendor's License: If you sell goods at various shows and markets, you have to have one. I understand this to mean you don't have to sell taxables, but you have to have the license.

You have to turn in your tax information semi-annually (usually by the 23rd of every January and July)

Check into a Employee Identification Number. (EIN) It will be needed for tax reasons and purchasing tax exempt purchases.

I HTH helps you! Brownie

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 20 Apr 2009 , 1:44pm
post #39 of 78

Hi CherryLane (?)

Whoa...I do charge for both, and never heard of that..Thanks for the information! I will be looking into this!

CherryLane Cake Central Cake Decorator Profile
CherryLane Posted 20 Apr 2009 , 1:53pm
post #40 of 78

Glad I could help.

Cindy

mirda6275 Cake Central Cake Decorator Profile
mirda6275 Posted 20 Apr 2009 , 7:09pm
post #41 of 78

I'm in SW Ohio...new at this. Primarily bake for family and friends...and usually take something into work. If I'm selling (cost + minimal) to family/friends, do I need to include the label?

Do I need to label baked and decorated cakes or just cookies/chocolates? I haven't sold any of those yet, just made for gifts, but have had people inquire and want to make sure I do things right.

Thanks for the wealth of info!

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 20 Apr 2009 , 7:39pm
post #42 of 78

Hi Mirda...
If I bake for family or friends, and just give it to them, I don't label. It's a private gift, and that is ok. If you are making something as a donation to a company, you need to label it. If you charge for the item made, yes, make sure it's labeled. This would include anything you make. It's not just limited to cakes. Did you see the example of the label I put on here? Check it out. I was cleared by the HD six years ago for using them, the way they are done up, so I wanted to pass them on, so others could learn.
Keep in touch with any questions. Brownie

mirda6275 Cake Central Cake Decorator Profile
mirda6275 Posted 20 Apr 2009 , 7:53pm
post #43 of 78

Brownie-

Thanks for all the info. I did see both label examples. I guess I have some work to do! I started taking classes in January and have fallen in love with cake decorating. It gives me a chance to be creative and to make something unique. My mom has been pushing me to make things to sell and I've been resistive until I figured out the legalities of baking from home.

CC is awesome! Thanks everybody for the info.

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 20 Apr 2009 , 8:01pm
post #44 of 78

Mirda....
Good luck to you! Where in SW Ohio are you from? Have you checked with your HD to see what they require for setting up in your home, and have you checked to make sure in your town, that you can be zoned for business in your home? Not trying to insult you, like you don't know what you're doing...Just trying to help you think of things you need to do, so you are legit. There can be a lot, but once you get it set up and going, it is great! icon_biggrin.gif

mirda6275 Cake Central Cake Decorator Profile
mirda6275 Posted 20 Apr 2009 , 8:16pm
post #45 of 78

I'm in Hamilton County. My Wilton instructor had said that as long as we don't use ingredients that have to be refrigerated we could bake under the cottage laws. I know several other women who bake from home. I actually got my wedding cake from a home-baker. I have a cat (I lock her in the basement when I'm doing cakes b/c I use the kitchen, dining room and living room b/c we don't have tons of counter space) so I can't get licensed.

Don't worry about insulting me, I don't know what I'm doing and while I've been finishing grad school I haven't really taken the time to look into it, that's why I only bake for family/friends. I have printed tons of stuff off the Ohio Dep. of Agriculture's website as the research I'd started, but I haven't pursued things too much farther. I read that I had to label items for sale, but I didn't realize (stupid on my part) that it included cake as well.

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 20 Apr 2009 , 10:24pm
post #46 of 78

Well if there's anything I can help with, just ask. I don't have all the answers, but as you know, there are so many wonderful people on here that are happy to help one another. I just love it on here.
Brownie

KHalstead Cake Central Cake Decorator Profile
KHalstead Posted 23 Apr 2009 , 12:06pm
post #47 of 78

I just wanted to throw out there that if any of you are looking for a means to boost business and you don't have a wal-mart in your town (or maybe even if you do), check out your local party store, and see if they'd be interested in offering cakes. People order a cake, when they pick it up they buy balloons, plates, candles, etc. and vice versa. My local party store has been about 90% of my total business last year, not to mention to multitude of wedding cake orders they've referred my way. Another bonus is that they advertise and pay a pretty penny to advertise, so their number is readily available and when people call.........guess who's website they get sent to? MINE. It has kept me busier than I want to be sometimes!! Especially during graduation season, and granted most of the cakes are sheet cakes (which I think I stink at)...but I'm still getting a ton of orders I wouldn't have otherwise had! I do all the regular labelling required and they don't up the price or anything, I was giving them a 10% cut of my "profits" on the cakes, but now offer cake dec. classes for them so they don't want a cut of the cakes anymore. I buy most of my supplies from them as well and they give me GREAT word of mouth advertising!

Brownie1954 Cake Central Cake Decorator Profile
Brownie1954 Posted 23 Apr 2009 , 2:41pm
post #48 of 78

This is something I have never thought of. We have a huge party supply place up the road from us. I will have to check it out as a possibility.
Thanks for the information! thumbs_up.gif

Stephi1 Cake Central Cake Decorator Profile
Stephi1 Posted 24 Apr 2009 , 12:28pm
post #49 of 78

Just wanted to say hi to fellow Ohioans. I am in SW OH and just getting started. Loving it! I'm sure I will need help and it's great that I have someplace to go for info. and support!

sugar_blossoms Cake Central Cake Decorator Profile
sugar_blossoms Posted 21 Feb 2011 , 2:21pm
post #50 of 78

I am seeing soooo much confusion on here in regards to regulations and sales and licensing. Out of many questions from my network of cake decorating students/home bakers came the concept of the bakery in a box business opportunity for home bakers. This posting is not intended for sales purposes it's just the same as I was hearing in my classes so I put together this program. Everything from day one when you walk into your first class to the day you cut and serve your first wedding cake with our support helping you deliver it and serve it is included in the program including all supplies that enable you to compete with the groceries and the cake kits. The building is even available to be included. The entire program is financed. Rent to own, no credit check. We developed this to enable those in our county to find income quickly in these economic times affordably. We are also the liason to the statea and county inspections and regulations. image is a home bakers biggest challange. I have been doing this for 30 years. Regulate or be Regulated is the mantra every one of you should have. Pets in the home is an absolute no if you are a serious professional baker regardless of what the state and county state. If you expect to make money you have to operate professionally. If we don't as a group operate professionally we will lose this opportunity we are truly blessed with. Other states wish they have this opportunity. In the meantime I will try to help answer questions here.

sugar_blossoms Cake Central Cake Decorator Profile
sugar_blossoms Posted 21 Feb 2011 , 2:38pm
post #51 of 78

Weighing the whole thing when boxed is an example of some misinformation. In order to avoid a lawsuit from a customer.. you need to weigh about 8 to 10 of each product take the lowest weight you come up with and write it down. Then take the average weight of the product. Make sure you use the lowest amount. This will help to make sure when a customer picks up one of your product and weighs it it will be greater than what you state. If if comes in under weight and they will weigh it they will call the state and throw a fit. This was information that came to me directly from the inspector. Your colors are another area of great concern to the health department. Each and every color used must be listed on the label.

You absolutely must, your customers are entitled to and deserve for every cottage bakery to have in place food safety and security programs including the 3 sink wash rinse and sanitize.

Regulate or be Regulated. Or worse lose your opportunities.

Quote:
Originally Posted by KHalstead

I do!!!!!
You can do anything any other business would do, except that you can't prepare foods that need refrigeration......so cheesecake is out!! I don't have my bus. name registered so I'm not sure about laws regarding that.............you can definitely advertise as much as you want. You are deemed a "legal" business in the state of Ohio when you operate under the cottage food laws. I contacted the dept. of agriculture and they said a "license" is $10.00 and basically said, "why bother?" unless you REALLY want to be able to tell people you're licensed!
The labeling is the important part, you need to have "Home-Baked" on your labels, along with a list of ingredients, (even if you use a boxed mix)and the weight of the item (I weigh the whole thing when it's boxed and write in the weight). I use avery address labels and have one label with all the home-baked info. and one label with my bus. name, address, phone number, web site addy.
I'll attach a pic. of my labels for ya!

*edited to say: You're more than welcome to use THESE labels that I made too...if you feed in a sheet of Avery #8160 address labels and hit print you'll have a whole page of them!

You can go to avery . com and "design and print" online and make your own too....but you're more than welcome to these if you'd like


Loucinda Cake Central Cake Decorator Profile
Loucinda Posted 21 Feb 2011 , 9:12pm
post #52 of 78

You are passng out the wrong information.

For the Cottage Industry Laws, you are not required to have a 3 compartment sink - or any other commercial equipment. I would suggest for those who may want to know the true laws to ask those who are the ones who inspect us.

Here is the contact info for the state of Ohio:

Ohio Department of Agriculture
Food Safety Division
8995 East Main Street
Reynoldsburg, OH 43068-3399
Phone: (614) 728-6250
Email: [email protected]

Trying to use scare tactics about the weight of products is just ridiculous. Yes, the final weight of the product is to be on the label, and yes, you do list the ingredients in order (by weight) but I know of NO one who has been sued for having them off by minute amounts. Again, if anyone has questions, call the number above for the correct info.

cheatize Cake Central Cake Decorator Profile
cheatize Posted 21 Feb 2011 , 11:40pm
post #53 of 78

Thanks, Loucinda! I saw this earlier today and couldn't find the right words to dispute the false info.

Loucinda Cake Central Cake Decorator Profile
Loucinda Posted 22 Feb 2011 , 1:10am
post #54 of 78

Your welcome! I find it very irritating when someone acts like they are the know all and end all and it is WRONG. I don't pretend to know it all, but I do know who to call to get questions answered correctly! thumbs_up.gif

sugar_blossoms Cake Central Cake Decorator Profile
sugar_blossoms Posted 22 Feb 2011 , 1:38am
post #55 of 78

Nobody said the law required a three compartment sink, I stated your customers are entitled to food safety and security and if these things aren't in place....before long you will no longer be able to operate because they will stop allowing it when they read threads like this one where people think you can have pets in the home as well.

Commerical equipment wasn't stated either. You can use your normal double sink and then use a wash tub for the third compartment with sanitizer in it. It is assumed by the health department that you will use basic food safety and security practices since you are selling as a professional. It is assumed you will operate as a professional as well. You should have no ingredients that are stored in open bags such as open bags of flour. Once opened the remainder should be stored in closed containers, the same with sugar and other ingredients. Your refrigerator temperature is assumed to be a certain temperature as well. Once again it is assumed that you already know and are doing all of these things ON YOUR OWN as professionals and not trying to get away with as much as you can to do as little as possible.

The law is the bare minimum required. Your customers expect more and are entitled to more than the bare minimum. What is not law now will be if everyone tries to get away with everything they can like pets and will ruin it for everyone involved.

Just because the law doesn't specify that your not allowed to leave your eggs sit out in the danger zone before using them are you going to leave your raw eggs sit out in the danger zone and then use them? Just because the law doesn't state every little detail you should still use basic food service practices. Regulate yourselves or they will regulate you.

cheatize Cake Central Cake Decorator Profile
cheatize Posted 22 Feb 2011 , 5:28am
post #56 of 78

"You must" means "you have to" to me. It is not required. I'm sorry, but I read the tone of your posts as scare tactics. Follow the law? Absolutely? Take a food safety course? Good idea. However, it is not required. I have not seen nor heard of any movement towards more regulation. If you have, please enlighten us as to where we can find this information.

Loucinda Cake Central Cake Decorator Profile
Loucinda Posted 22 Feb 2011 , 6:08pm
post #57 of 78

I agree with cheatize....sugar blossom - you are purposely making it sound like you know it all, and you obviously do not. Please stop spreading incorrect information and assuming we (here in Ohio) do not know the laws or care about our businesses.

sugar_blossoms Cake Central Cake Decorator Profile
sugar_blossoms Posted 22 Feb 2011 , 9:17pm
post #58 of 78

Your need for personal attacks shows your lack of professionalism, care for the image of yourself or your business. You absolutely do not care about your business, your industry or your customers; since you want to go there. Now lets match up credentials.

Master Retail BAKER AND cake decorator with 30 years experience.
Wilton Method Cake Decorating Instructor
RETAIL Bakery OWNER
Who's who Among American Business Women
NEVER scored less than 99 on ANY Health department Inspection. IN OHIO Got taken off one time for a dusty light bulb in the exhaust hood.
Owner of a Nationally Recognized Brand Name

I'm not purposely making anything except you look like the unprofessional amature you obviously are. I wouldn't eat food that came out of your home if it were served in gold. You take too many shortcuts with no concern for what your customers deserve to be served.

You also have no opnions of your own and choose to jump on the yeah what she said bandwagon. now there was no need for personal attacks. I'm not a know it all. But I am an expert in my field and experienced with skills you will never see let alone Master and for the time I have put into my field perfecting my craft I do deserve the respect that a skilled Master baker has earned.

Now when you find out what a Master baker even is and what that entails....you can judge who knows something and get back with me. Oh and by the way...our health department inspector is one of my students.

Now since you made me mad, I will tell you that I will not let you bring the level of a nobel profession down and give home bakers a bad image and hurt my business because you want to be a slacker loser who is what every consumer is concerned about with home bakeries. Oh and by the way your not a baker or a cake decorator your just some chick who bakes cakes for a hobby.

craftybarb Cake Central Cake Decorator Profile
craftybarb Posted 22 Feb 2011 , 9:57pm
post #59 of 78

I'am taking classes to be a pastry chef and we are required to take a safey-serv. class which is given by the ohio health department and I asked about pets being in the home if you are allowed to bake under the cottage law and she told me that you can have pets but they have to be in a separate part of the home and not in the kitchen that you are cooking or baking in,you must have a door to separate them. I was really confussed on this matter so I was glad I got it cleared up,by someone that knows the correct answer.

jason_kraft Cake Central Cake Decorator Profile
jason_kraft Posted 22 Feb 2011 , 10:07pm
post #60 of 78

sugar_blossoms, you just torched your own reputation with your last post. I would advise editing it (or just deleting it) before you spread too much ill will about yourself and your business.

Quote by @%username% on %date%

%body%