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If it's illegal to sell cakes from home, can I do this? - Page 3

post #31 of 133
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You also said that you're not "operating" anything, but also said that if you got a request from a church friend to do a cake then you'd do it and get paid for it. That's operating a business, albeit on a small scale.



No, it's not. Just because people say so around here all the time doesn't make it a fact.

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I think that we need to be aware that a long conversation with someone doesn't supercede the laws as they're written for your state.



Who said supercede? Who knows the public health laws in my state better than my own HD Rep? She told me how her department interprets them. A few cakes for friends and family do not make me a "food manufacturer".

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If you want to take the risk, then go ahead. I don't want to, so I follow the laws and get my licenses and insurance.



I follow the laws too.
post #32 of 133
It's not legal or illegal for Kelly to make a cake out of her home under those conditions she lists because it is a non issue in her area. (Mine too.)

In other words, the Health Department does not even cover these situations. They are not in their purview. No jurisdiction.

If she's not doing it for the general public there is nothing there to govern, guys.

Land of the free, home of the guppy
(who eat their young or in this case fellow cakers)
meant in a poke in the ribs way

Kelley is so conscientious she know exactly where the law begins.
She gets an A+ in my book.

It's bad enough so many of us cannot do what we want to do.
Kelley, for what it's worth, you have my permission/blessing to do the little bit you are allowed to do.
I mean not that you needed it either.
love me some cake buzzzzz

 

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love me some cake buzzzzz

 

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post #33 of 133
It's still illegal, it's just not worth the time for the HD to bother with it. Sort of like jaywalking. Still illegal, but who actually gets a ticket for it.

Mike
post #34 of 133
People get ticketed for jaywalking all the time thousands a year especially in other countries.

It is not illegal for me to make a wedding cake for my daughter or my son or my neice or any of my family even if you think and say it is. Huff & puff and blow my house down. icon_biggrin.gif

This sounds like the Regulator and the Moderator War being discussed in the cake lawsuit thread in the business forum. icon_lol.gif
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post #35 of 133
Thread Starter 
I've roughly followed the posts back and forth on this topic.

I called the HD yesterday myself, and gave the officer a very specific (and true) example.

I told him that I have a close, personal friend of mine who is already planning a home Christmas party, where there will be about 30 guests. My friend asked if I could design and bake a cake for her, and that she would pay me for it. I asked the officer if it's legal for me to take the money.

Of course the officer couldn't come straight out and say that I *could* take the money, but he did re-iterate that it's illegal to sell my cakes to the public. That's where it got a little dicey. We ended up getting into a discussion about the public vs. private friends.

At the end of our lengthy conversation, he told me that I'm doing it for a friend, and if that friend wants to offer me money because I helped her, then that's between me and my friend.

I then emphasized that I understood that it is not OK for me to distribute a business card, bake for people who weren't direct friends etc. So basically the HD officer told me the same thing that Kelleym was told.

FTR, I also discussed what needed to be done for me to go into business legally, and he said that I needed a commercial kitchen and then I could sell legally. This is stuff that I already know, but I wanted it to be clear to the officer that I do not want to break laws, especially if a cake business could possibly be in my future.
post #36 of 133
To me I believe it means they are not out to micro-manage us and invade our kitchens and Big Brother the buttercream which is refreshing all things considered.

Didja see where the little 10 year old got a ticket and was fined for having a lemonade stand in New York City? They rescinded the ticket.
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post #37 of 133
Quote:
Originally Posted by K8memphis-

People get ticketed for jaywalking all the time thousands a year especially in other countries.

It is not illegal for me to make a wedding cake for my daughter or my son or my neice or any of my family even if you think and say it is. Huff & puff and blow my house down. icon_biggrin.gif

This sounds like the Regulator and the Moderator War being discussed in the cake lawsuit thread in the business forum. icon_lol.gif



Just a Q, isn't illegel for you to sell it to them though?

Mike
post #38 of 133
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Originally Posted by Mike1394


Just a Q, isn't illegel for you to sell it to them though?

Mike



It depends on the exact wording of the law, and how the local HD interprets and enforces it. That's why it's always better to call and get the verdict directly from the horse's mouth rather than listening to what "they" say "on the internet".
post #39 of 133
They just slapped a $50 fine on a 10-year-old in CA for having a lemonade stand. If the kid can't make a little bit of change by selling lemonade, I doubt there's a loophole in the laws there to let you sell cakes from home.

Theresa icon_smile.gif
post #40 of 133
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Originally Posted by playingwithsugar

They just slapped a $50 fine on a 10-year-old in CA for having a lemonade stand. If the kid can't make a little bit of change by selling lemonade, I doubt there's a loophole in the laws there to let you sell cakes from home.

Theresa icon_smile.gif




It was NY and she went to a public park to sell it...if it was in front of her house it would of been ok.
"Life, like a mirror, never gives back more than we put into it"
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"Life, like a mirror, never gives back more than we put into it"
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post #41 of 133
No there was another one, I just read about it today, and it was in California.

Theresa icon_smile.gif
post #42 of 133
It's not the same thing, the comparison doesn't make sense. Our OP was specifically asking about being paid by friends and family for her cakes. If the boy had been "selling" lemonade to his grandma and grandpa, there would not have been an issue or a news story.

MrsNancyB - I'm very glad you called your HD and got some clarification. I encourage everyone to do that.
post #43 of 133
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Originally Posted by playingwithsugar

No there was another one, I just read about it today, and it was in California.

Theresa icon_smile.gif



Oh ok sorry icon_biggrin.gif
"Life, like a mirror, never gives back more than we put into it"
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post #44 of 133
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post #45 of 133
Well clearly there are some of us here who will never agree so let's just agree to disagree and move on.

This is sort of like the patient who is told by 4 doctors that they need major surgery to survive....but they go searching for that one doctor that will tell them they don't need the surgery. They go with the answer they WANT to hear instead of the answer they SHOULD have listened to.


My position has always been and will always be that I have worked too damn hard to build my Salon business and to build my dream home to risk losing it for a lousy $500 profit on a cake. That's the reason we moved to MA so that I could pursue this dream.


Whew....I had to EDIT this baby after I noticed all the spelling errors....must be this darn humidity we're having. icon_lol.gif
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