Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › If it's illegal to sell cakes from home, can I do this?
New Posts  All Forums:Forum Nav:

If it's illegal to sell cakes from home, can I do this? - Page 8

post #106 of 133
What's a guffaw?
I looked it up but I don't know how you mean it.
the only way to see the rainbow is to look through the rain

 

Reply
the only way to see the rainbow is to look through the rain

 

Reply
post #107 of 133
Quote:
Originally Posted by K8memphis-

What's a guffaw?
I looked it up but I don't know how you mean it.



Main Entry: guf·faw
Pronunciation: \\(&#716icon_wink.gifgə-ˈfȯ, ˈgə-ˌfȯ\\
Function: noun
Etymology: imitative
Date: 1720
: a loud or boisterous burst of laughter

guf·faw \\(&#716icon_wink.gifgə-ˈfȯ\\ intransitive verb

It makes me think of Lucky Charms, of course...and then when someone describes their cake like that (and I don't for one moment doubt that it was magically delicious....) it just sounded so funny.

Its kind of like LOL but I found it funnier.
You don't HAVE a soul, you ARE a soul...you HAVE a body. C.S. Lewis
I'd rather see badly done cake than well done styrofoam.
Reply
You don't HAVE a soul, you ARE a soul...you HAVE a body. C.S. Lewis
I'd rather see badly done cake than well done styrofoam.
Reply
post #108 of 133
Quote:
Originally Posted by Cakemom777

Quote:
Originally Posted by K8memphis-

What's a guffaw?
I looked it up but I don't know how you mean it.



Main Entry: guf·faw
Pronunciation: \\(&#716icon_wink.gifgə-ˈfȯ, ˈgə-ˌfȯ\\
Function: noun
Etymology: imitative
Date: 1720
: a loud or boisterous burst of laughter

guf·faw \\(&#716icon_wink.gifgə-ˈfȯ\\ intransitive verb

It makes me think of Lucky Charms, of course...and then when someone describes their cake like that (and I don't for one moment doubt that it was magically delicious....) it just sounded so funny.

Its kind of like LOL but I found it funnier.



Oh wow thanks that was sweet!

Thank you!
the only way to see the rainbow is to look through the rain

 

Reply
the only way to see the rainbow is to look through the rain

 

Reply
post #109 of 133
Quote:
Originally Posted by dkelly

Wow mbelgard, that's an unbelievable story....just crazy.



It's true though, living on the reservation is a whole different world, and I figured it was a good example of something we all know to be completely illegal even if it isn't always enforced the way it should be. If one of those cops had opted to enforce it the kids he pulled over would have been in a large amount of trouble, they were taking a chance every time they did it.

The same goes for somewhere where the HD doesn't enforce or looks the other way when you aren't allowed to sell cakes out of your home. There is always the chance that one of the inspectors WILL opt to enforce the law.
"If we are going to teach 'creation science' as an alternative to evolution, then we should also teach the stork theory as an alternative to biological reproduction." - Judith Hayes
Reply
"If we are going to teach 'creation science' as an alternative to evolution, then we should also teach the stork theory as an alternative to biological reproduction." - Judith Hayes
Reply
post #110 of 133
Quote:
Originally Posted by mbelgard

...The same goes for somewhere where the HD doesn't enforce or looks the other way when you aren't allowed to sell cakes out of your home. There is always the chance that one of the inspectors WILL opt to enforce the law.



I am only referencing the cake issue not the booze.

I think this quote demonstrates wrong and inflammatory wording.

Perhaps one could say, "There is always the chance that one of the inspectors will opt to interpret the law differently."

That is a viable way to word that.

The way it is worded in the quote implies that the poster has made the foregone conclusion that the law is indeed being broken and therefore the authorities are being negligent.

If the authorities are being negligent then that's a completely different issue than me receiving reimbursement from my sister for making my neice's wedding cake.

Then about the booze--do we not see the slightest bit of difference in underage drinking and making cake?

We are not a society of legalistic maniacs.
Are there some dumb lawsuits? sure.
Are our legal lines drawn up by squeeling machete smiting madmen who wear blinders to interpretation? nope

I'm just glad the world isn't run by some of us cakers. icon_biggrin.gif
the only way to see the rainbow is to look through the rain

 

Reply
the only way to see the rainbow is to look through the rain

 

Reply
post #111 of 133
I totally agree. Just because certain authorities charged with enforcing/interpreting the laws have been known to "look the other way" for certain infractions, does not make it a foregone conclusion that every single HD rep who says "selling a cake to your family member does not mean that you are operating a bakery" is wrong and shirking his or her job responsibilities.

ANY time someone sells something to someone else (especially when it comes to "reimbursing") does NOT automatically mean that the persons involved are "operating a business." This assumption totally defies any sensible interpretation of law.

To the babysitting example, I would argue that if you pay your own child for babysitting his kid sister, then I'll be willing to bet that no, you are not expected to pay taxes on that. But it's true, I haven't read the law to be sure.

To go back to Kelleym's point: it is really fruitless for us to debate this here; it seems like the most sensible plan is to believe your own enforcing authority when asked what is actually legal, rather than be shocked and apalled when they state that the enforcement of the law varies from your own personal strict interpretation of its words. SUre, protect yourself: get names and write down dates of conversations. But when their policy jibes with common sense, then there's a point where you've gotta believe them.
post #112 of 133
well thank you for all of your input.... I think that they should focus on more important things that people r selling like drugs and weapons not cake and cookies.... I mostly sell my cakes for a low price to family and friends until I start up with a local caterer then my prices will increase icon_wink.gif It seems like no one has really gotten in trouble from selling a cake so Im not goin to worry about it. I keep my kitchen clean, use fresh ingredients and wash my hands a zillion times.... the only thing I worry about is my 4y/o wantin to help and someone getting sick off of eating too much cause I havent had any complaints yet icon_wink.gif .... just waitin for the bridezillas to freak out on me lol...... Did I tell everyone how much I LUV THIS SITE!!!! it has helped me so much!
post #113 of 133
Melissa Rae,

Ok wait--people have certainly gotten into big trouble for caking from an unapproved home facility and it's happened/happening all across the country.

(This is why trying to relate underage drinking, selling to minors as well as drinking and driving to making wedding cakes was an absurd analogy)

This thread is not at all about sanitation or about flying under the radar. This thread is about being a non-business, being a consumer where there isn't any radar, no one is in flight. We are grounded.

This thread is about doing cakes for family not about doing cakes for caterers. It's not ok you run a big risk of getting into trouble.

Doing cakes for caterers is a whole different thread.[/i]
the only way to see the rainbow is to look through the rain

 

Reply
the only way to see the rainbow is to look through the rain

 

Reply
post #114 of 133
I would love for a very in-the-know insurance agent (or an underwriter or very experienced claims adjuster) to chime in. I would think that if it was indisputable that you were not in business and were truly a hobbyist who took no compensation, that in case of a lawsuit, your homeowner's insurance would kick in. However, if there is even a hint that you do this as a business, using whatever definition that would fit legally, your homeowner's insurance would specifically exclude coverage. Certainly if you serve food in your home to your guests for no charge, there would be coverage.
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
post #115 of 133
What is this over riding fear of lawsuit?

What exactly is that about?

Who is doing all this suing?

Who ever got sued?

We have a lawsuit thread. There were some big problems in there but extenuating circumstances like poison, bad equipment failure. So these folks would be being prosecuted for crimes of murder and harming the public out of willfulness or negligence--no insurance for that.

What kind of cakes are we making that we need this costly invisible armour shield to protect us from the big bad boogey man of "getting sued"? The sky is falling the sky is falling.

I stand behind my cakes (for family).
I don't need to be insured since I don't run a business.

I don't need to be insured to protect me from idiots.
Being an idiot is beyond the ability to be insured against.

Your insurance agaent will sell you a rider to insure a home business whether it's legal or not.
the only way to see the rainbow is to look through the rain

 

Reply
the only way to see the rainbow is to look through the rain

 

Reply
post #116 of 133
Quote:
Originally Posted by ziggytarheel

I would love for a very in-the-know insurance agent (or an underwriter or very experienced claims adjuster) to chime in. I would think that if it was indisputable that you were not in business and were truly a hobbyist who took no compensation, that in case of a lawsuit, your homeowner's insurance would kick in. However, if there is even a hint that you do this as a business, using whatever definition that would fit legally, your homeowner's insurance would specifically exclude coverage. Certainly if you serve food in your home to your guests for no charge, there would be coverage.



Yes! Regardless of the "don't worry about the insurance" theme in other posts, I'd also be interested in hearing from someone who works in the insurance field and knows what they're talking about. It was my understanding that if you use your car for deliveries you have to insure it as a business vehicle (or so my insurance agent told me) so why not your home as well? And it wouldn't be just cake-related injuries that would be the issue, would it? If someone was at your home to pick something up and fell off your porch, would that be covered under homeowners if the insurer found out that they were there for "business" purposes, or would that be an issue? Just asking...Oh, wait, I already did my research for MY situation and asked my insurance agent. (although I'd still like to see if anyone else has experience with the same thing to see if I should have MORE coverage!)

The problem with this kind of thread is that people will pick and choose the advice that OTHER people have received from their local authorities, even if it's not relevant to their situation. Just the same way that people will get three different answers from three different HD employees when you ask them the same question, but this is on a larger scale. If I may speak for the other business owners on here who have posted about doing things by the book, I think that what we're warning against is the tendency to believe what you want to believe.

If you're trying to set up a business, find out everything that you can from your local Health Department, not from CC. It's helpful to post on here to see where to start, but if you want to do this legally you'll have to go with your own state's laws. Don't assume that you can go to the internet for answers and keep looking until you find someone who will tell you that you can do what you wanted to do in the first place.
post #117 of 133
Quote:
Originally Posted by K8memphis-

What is this over riding fear of lawsuit?

What exactly is that about?

Who is doing all this suing?

Who ever got sued?

We have a lawsuit thread. There were some big problems in there but extenuating circumstances like poison, bad equipment failure. So these folks would be being prosecuted for crimes of murder and harming the public out of willfulness or negligence--no insurance for that.

What kind of cakes are we making that we need this costly invisible armour shield to protect us from the big bad boogey man of "getting sued"? The sky is falling the sky is falling.

I stand behind my cakes (for family).
I don't need to be insured since I don't run a business.

I don't need to be insured to protect me from idiots.
Being an idiot is beyond the ability to be insured against.

Your insurance agaent will sell you a rider to insure a home business whether it's legal or not.



I simply trying to address insurance coverage for when you are held liable for anything. Information is important and assumptions get people in trouble.

I don't worry about getting sued. But, I do work in the insurance industry and our particular customers are ALWAYS getting sued. Yes, often times we are talking about car accidents but employers get sued quite a bit, people get sued when they are negligent in almost any type of damage, whether it be unintentionally starting a fire, leaving a toy on your doorstep and someone slips and falls, turning your back on your shopping cart while unloading this (personal experience...not sued because I paid up), etc. I would be concerned about this issue because I work in the industry and see these issues regularly. I seriously doubt if I ever get sued for anything. I seriously doubt that most of you would get sued for anything. But a perishable filling that goes bad or unknowingly passing along ecoli or salmonella or lysteria would surely get you in a whole lot of trouble.

And, laws DO vary. There are riders available for some businesses in some states for some types of policies. But I don't think there would be coverage if the business wasn't deemed "legal". Insurance is a contract and if the contract specified that you had to have a legal business and you didn't, you would have no coverage.

Just wanting to share some information. Not joining in on the debate or trying to scare anyone. icon_smile.gif
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
post #118 of 133
Quote:
Originally Posted by costumeczar

Quote:
Originally Posted by ziggytarheel

I would love for a very in-the-know insurance agent (or an underwriter or very experienced claims adjuster) to chime in. I would think that if it was indisputable that you were not in business and were truly a hobbyist who took no compensation, that in case of a lawsuit, your homeowner's insurance would kick in. However, if there is even a hint that you do this as a business, using whatever definition that would fit legally, your homeowner's insurance would specifically exclude coverage. Certainly if you serve food in your home to your guests for no charge, there would be coverage.



Yes! Regardless of the "don't worry about the insurance" theme in other posts, I'd also be interested in hearing from someone who works in the insurance field and knows what they're talking about. It was my understanding that if you use your car for deliveries you have to insure it as a business vehicle (or so my insurance agent told me) so why not your home as well? And it wouldn't be just cake-related injuries that would be the issue, would it? If someone was at your home to pick something up and fell off your porch, would that be covered under homeowners if the insurer found out that they were there for "business" purposes, or would that be an issue? Just asking...Oh, wait, I already did my research for MY situation and asked my insurance agent. (although I'd still like to see if anyone else has experience with the same thing to see if I should have MORE coverage!)

The problem with this kind of thread is that people will pick and choose the advice that OTHER people have received from their local authorities, even if it's not relevant to their situation. Just the same way that people will get three different answers from three different HD employees when you ask them the same question, but this is on a larger scale. If I may speak for the other business owners on here who have posted about doing things by the book, I think that what we're warning against is the tendency to believe what you want to believe.

If you're trying to set up a business, find out everything that you can from your local Health Department, not from CC. It's helpful to post on here to see where to start, but if you want to do this legally you'll have to go with your own state's laws. Don't assume that you can go to the internet for answers and keep looking until you find someone who will tell you that you can do what you wanted to do in the first place.



You make such good points! Often times on a business policy, the liability is only for what happens on site. Often times, there is a separate coverage needed (such as "products and completed operations"). The thing that everyone needs to know about insurance is that it is huge and vast and varies and has all sorts of intricacies. It involves ever changing laws and every changing contracts/policies. Coverages are constantly changing! A good agent will know what he knows and what he has to find out and will do his job by going to the best source to find the answers.

I wish everyone would read what you wrote. Insurance isn't what you hope it will be or want it to be. It is a contract based on laws.
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
post #119 of 133
Cool.

I have had continuous coverage for years with & without a business in place--just to cover my equipment and when I did do consults in the home plus my office is here.

In my experience insurance agents are sales people selling as much insurance as they can they're not concerned with so much red tape beyond that. And not that they should either I'm just saying.
the only way to see the rainbow is to look through the rain

 

Reply
the only way to see the rainbow is to look through the rain

 

Reply
post #120 of 133
Quote:
Originally Posted by K8memphis-

Cool.

I have had continuous coverage for years with & without a business in place--just to cover my equipment and when I did do consults in the home plus my office is here.

In my experience insurance agents are sales people selling as much insurance as they can they're not concerned with so much red tape beyond that. And not that they should either I'm just saying.



Your experience with insurance agents is very unfortunate. There are better ones out there. I know because I've worked for one for well over a decade. Plus, it IS in their best interest to inform you well as to what you are purchasing and if it fits your needs. They are playing Russian Roulette with an E&O claim (Errors and Omissions) if they aren't. A wise agent goes overboard documenting what coverages you have and don't have just to cover themselves...because they know a customer can and will sue them!
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
"To laugh often and to love much..., to appreciate beauty, to find the best in others, to give one's self..., this is to have succeeded."
Ralph Waldo Emerson
Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Cake Decorating Business
Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › If it's illegal to sell cakes from home, can I do this?