Florida - Bakery From Home - What Can I Say To Her?

Business By NikiH Updated 31 Dec 2012 , 10:38pm by dkltll

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NikiH Posted 7 Dec 2010 , 3:29pm
post #1 of 29

Let me get to the chase, I have a bride, that I intend on doing a cake tasting this coming Monday and offered to bring the cake to her house, where she is more comfortable.

She responded by saying that she wants it to be at the kitchen where I bake, so she can see the kitchen I bake in. Now, I knew this day would come. However, the only day she can do cake tastings is on a Monday, a school night, my kitchen would be a distaster due to dinner, and general mess on a school night. When I bake, it's typically after the kids have gone to bed, have wiped everything down, or on the weekend, and they are either on playdates, or taking naps.

I simply do not want her walking into my house when my kids are here, and at dinner time. Am I being too protective? I don't have a problem in the world with her seeing my kitchen, I understand her wanting to make sure it's a safe and clean environment. Just not with my kids here.

So what do I say?


Thanks,

Niki

28 replies
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BethLS Posted 7 Dec 2010 , 3:36pm
post #2 of 29

Tell her you are not available to do tastings in your kitchen during family hours....that is why you suggested doing it at another location. (Ie her home) OR she needs to reschedule at a time that is mutually agreed upon, so that you can get kids out of the house for an hour.

If she isn't comfortable with that, you don't want her as a client. She CAN make more time for her cake consultation if she WANTS to. IMO.

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kristanashley Posted 7 Dec 2010 , 3:42pm
post #3 of 29

I don't know what your family situation, but I would just have my husband or mom take the kids out to dinner so that you have a clean, empty house.

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leily Posted 7 Dec 2010 , 3:50pm
post #4 of 29

I'm not in florida, but from what i have read on here it's illegal to sell cakes from your home kitchen. Who knows maybe it's a health inspector looking to find out where you actually bake.

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CWR41 Posted 7 Dec 2010 , 3:53pm
post #5 of 29

Sounds like she's setting you up to bust you. Aren't home-based food businesses not allowed in Florida?

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infinitsky Posted 7 Dec 2010 , 4:29pm
post #6 of 29
Quote:
Originally Posted by leily

I'm not in florida, but from what i have read on here it's illegal to sell cakes from your home kitchen. Who knows maybe it's a health inspector looking to find out where you actually bake.




icon_confused.gif BE CAREFUL!!!!!

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playingwithsugar Posted 7 Dec 2010 , 5:03pm
post #7 of 29
Quote:
Originally Posted by leily

I'm not in florida, but from what i have read on here it's illegal to sell cakes from your home kitchen.




There are many threads on here that state this. Have they adopted cottage laws down there now?

Theresa icon_smile.gif

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jason_kraft Posted 7 Dec 2010 , 5:15pm
post #8 of 29

If you don't have a licensed commercial kitchen according to FL state law, you need to stop accepting paid orders ASAP until you get legal.

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shannycakers Posted 7 Dec 2010 , 5:17pm
post #9 of 29

cancel her order, tell her your booked. This sounds odd to me. or ask her for more detailed wedding information and see how she acts. If she is a snotty bride you dont want her business anyway. I dont like doing wedding cakes just for this very reason. Bride zillas

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jason_kraft Posted 7 Dec 2010 , 5:21pm
post #10 of 29
Quote:
Originally Posted by shannycakers

This sounds odd to me.



Not to me. If I was aware of state laws regarding home bakeries and knew that home bakeries are typically not inspected by the dept of health, I would want to make sure the kitchen was clean before I ordered food made in said kitchen. I'm sure OP maintains a clean baking environment, but the customer just has her word on that.

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shannycakers Posted 7 Dec 2010 , 5:29pm
post #11 of 29

ok, for one yes I agree she probly wants to make sure the kitchen is clean, but if i were the bride, and i was ordering the cake, if i was going to go to all that trouble to visit the kitchen id just order from a real storefront bakery instead.

and PS i used to be health inspector, and believe me alot of kitchens are way cleaner than some bakeries and places i inspected! regardless if there legal or not.

Can we stop hollering at our fellow cakers that are just trying to start out doing what they love! just because they dont have enough money to be legal yet. goodness

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jason_kraft Posted 7 Dec 2010 , 5:34pm
post #12 of 29
Quote:
Originally Posted by shannycakers

ok, for one yes I agree she probly wants to make sure the kitchen is clean, but if i were the bride, and i was ordering the cake, if i was going to go to all that trouble to visit the kitchen id just order from a real storefront bakery instead.



That's what most people would do, but this bride might be looking for a deal by going with an unlicensed bakery.

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and PS i used to be health inspector, and believe me alot of kitchens are way cleaner than some bakeries and places i inspected! regardless if there legal or not.



That's great, but when licensed kitchens are not clean, the health inspector makes sure they are up to code. That's the whole reason for inspection laws, to make sure customers don't have to personally inspect each food production facility.

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Can we stop hollering at our fellow cakers that are just trying to start out doing what they love!



No one is hollering, we are just making OP aware that she should get legal ASAP and stop accepting paid orders for her own protection. If she doesn't have enough money to operate legally, she is perfectly free to continue making cakes, but she should not be selling those cakes or running a business.

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playingwithsugar Posted 7 Dec 2010 , 5:39pm
post #13 of 29
Quote:
Originally Posted by shannycakers

Can we stop hollering at our fellow cakers that are just trying to start out doing what they love! just because they dont have enough money to be legal yet. goodness




I'm sorry if you took my comment the wrong way. I was just stating what I knew from reading lots of threads here and on other forums over the years, and asking if things had changed down there. I was without a computer for several months, and inquired as to whether they had adopted cottage laws there. I remember there being several petitions going around about it for different states, but since none of them applied to me, I didn't bother to pay much attention I got my new computer.

This is one of those subjects that always brings out the beasts in people. I wish that those who post such questions would remember to not tell us where they are, so sensitivity to the subject would not rear it's ugly head.

Theresa icon_smile.gif

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shannycakers Posted 7 Dec 2010 , 5:41pm
post #14 of 29

I am sure your aware that its very cheap to start a business in some areas and very expensive in others. AND in order to start a business you need to get started some how, so i doubt any caker is going to put all the time, money and effort into making cakes , try new designs, stacked cakes and all for anyone and everyone for no cost at all, till her work is good enough for a real business. Its just not logical, everyone starts somewhere. In my area it is extremely hard to start a business without a bank loan. And who knows if they even want to start a business until they try things out and see if its worthwhile.

So in your mind, next time your at a dinner party and they ask for a contribution toward the food, you should tell them they need to start a business asap, instead, otherwise everythign is free..

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shannycakers Posted 7 Dec 2010 , 5:43pm
post #15 of 29

Theresaicon_smile.gif I understand where your coming from. My post was actually meant to others who were more direct. We are all fellow cakers, and should always remember that, we are all up till 3 in the morning caking, lol icon_smile.gif regardless of where it is..

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NikiH Posted 7 Dec 2010 , 5:44pm
post #16 of 29

I should have mentioned, she was reffered by a friend, and that friend has known her since high school. Not super close, just knows OF her, but she in NO WAY is an inspector.

I did infact email her and said basically "not during family hours" and that why don't we do the tasting at her house, and set up another weekend time that's mutually agreeable, on the weekend IF she wants to go with me. Hey, fact is she may not want me at all, who knows. She did respond saying she understood and to come to her house at original time / date. icon_biggrin.gif

True, home bakerys are not legal in Florida, but until you do this a few times out of your house and build up enough of a clientel to hold you over, who could afford a bakery? This is a side thing for me. Maybe I'll put in my contracts that it is a "suggested donation" instead of being actually paid...LOL j/k And until I built up a small clientel I couldn't even rent a portion of a bakery kitchen or church kitchen. It's a catch 22, that's for sure.


Thank you for all of your input.

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jason_kraft Posted 7 Dec 2010 , 5:54pm
post #17 of 29
Quote:
Originally Posted by shannycakers

so i doubt any caker is going to put all the time, money and effort into making cakes , try new designs, stacked cakes and all for anyone and everyone for no cost at all, till her work is good enough for a real business.



Actually, that's exactly what many people do. Cakers practice by doing cakes for free, working on dummies, working for other established bakeries, etc. It's not an easy process, but no one ever said starting a business was easy.

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In my area it is extremely hard to start a business without a bank loan. And who knows if they even want to start a business until they try things out and see if its worthwhile.



You don't need a lot of money to get started if you rent a licensed commercial kitchen instead of jumping right into your own retail shop. We started our business (in CA) with less than $5K upfront.

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So in your mind, next time your at a dinner party and they ask for a contribution toward the food, you should tell them they need to start a business asap, instead, otherwise everythign is free..



There is a big difference between helping to defray the cost of either buying food from a licensed caterer or making food for a non-commercial event, and selling cakes commercially out of an unlicensed kitchen.

If you are selling a few cakes here and there to family and close friends out of an unlicensed kitchen, that's a relatively low-risk activity, but once your name gets out there and you get friends-of-friends and strangers as customers you are taking on greater and greater risk in terms of product liability, not to mention health code violations and tax evasion.

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Apti Posted 7 Dec 2010 , 5:56pm
post #18 of 29

Niki, 1st, Welcome to the CC forum! 2nd, You have probably figured out by now that your seemingly innocent question pushed a "hot button" here at CC. 3rd, As to your original question, I'd recommend telling her exactly what you just told us. It is a reasonable answer to why you do not want to do this on Monday night. If the bride can ONLY do this on Monday night, then you've got a decision to make.

(As to the "hot button" issue: I am a one year hobby baker, but I kinda doubt that it's a sneaky health inspector saying they can only come on Monday night.)

OP --When I'd finished above post, I saw your second post. Good luck. Sounds like it will work out just fine.

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leily Posted 7 Dec 2010 , 7:18pm
post #19 of 29

I'm not going to get into anymore of the conversation about legalities in florida, i just brought it up b/c there are many who don't know about the legalities. I would hate for someone to be "trapped" and not know the regulations, it's better to be cautious.

But since it's an acquantince and you're looking to move forward with the order. The only other suggestion i have is to make sure that the venue she will be having her reception at will accept a cake from a non-licensed facility. Some venues require licenses, inspections, and insurance papers to be shown. Just don't want you to end up making a cake and then have it refused and cause major issues on a wedding day.

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CWR41 Posted 7 Dec 2010 , 7:45pm
post #20 of 29

Ditto, what leily said, and she doesn't have to be an inspector to turn you in. Accepting any form of compensation, whether a donation or barter for another thing, is still legally considered money or a value being exchanged for running a business.

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cai0311 Posted 13 Dec 2010 , 9:08pm
post #21 of 29
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The only other suggestion i have is to make sure that the venue she will be having her reception at will accept a cake from a non-licensed facility. Some venues require licenses, inspections, and insurance papers to be shown. Just don't want you to end up making a cake and then have it refused and cause major issues on a wedding day.




You really should check into this. I live in OH which allows home based bakeries, both licensed and unlicensed. A friend of mine got married a couple of years ago at an upscale country club. Someone she knows offered to make the wedding cake as a gift. This person did not have a licensed home bakery so the venue said "no can do". That is really rare here because the state does not require a license. I have yet to be asked by a venue to show a license (I am licensed just in case I run into a similar situation).

You would hate to make the cake and then be turned away the day of the wedding. As a bride I would be extremely upset if I thought you knew this could happen but didn't check (assuming the bride is unaware of the laws for home bakeries in FL so no reason for her to think you wouldn't be allowed to delivery the cake).

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LoveMeSomeCake615 Posted 14 Dec 2010 , 11:19pm
post #22 of 29

Agreed with cai0311! Very wise idea!

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bakingatthebeach Posted 15 Dec 2010 , 1:28pm
post #23 of 29

Im a hobby baker, so every once in a while will do wedding cakes for friends, they just buy the ingredients, but I make sure they ask the venue if its ok to have me do it! Wouldnt want to put all that time and energy into it and have them all come to my house for the cake cutting!

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Deforest Posted 31 Dec 2012 , 8:54pm
post #24 of 29
Hey,
 
I hope this helps. Follow this link to read more about the Cottage Food Law in Florida.  It is okay to bake and sell your cakes from your home. You do not need a license.  Furthermore, an inspector is not going to come after you.  Just make sure your kitchen is clean for your customers. Read the guidelines:
 
 

During the 2011 Legislative Session, the Florida Legislature enacted House Bill 7209 allowing individuals to manufacture, sell and store certain types of “cottage food” products in an unlicensed home kitchen. The Cottage Food law became effective on July 1, 2011. To better assist prospective cottage food operators, the Division of Food Safety (Division) created a draft guidance document which contains more detailed information regarding cottage food requirements. The Division plans to update this document as further information becomes available, so please check back often! 

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Deforest Posted 31 Dec 2012 , 8:56pm
post #25 of 29
Hey,
 
I hope this helps. Follow this link to read more about the Cottage Food Law in Florida.  It is okay to bake and sell your cakes from your home. You do not need a license.  Furthermore, an inspector is not going to come after you.  Just make sure your kitchen is clean for your customers. 
 
 

During the 2011 Legislative Session, the Florida Legislature enacted House Bill 7209 allowing individuals to manufacture, sell and store certain types of “cottage food” products in an unlicensed home kitchen. The Cottage Food law became effective on July 1, 2011. To better assist prospective cottage food operators, the Division of Food Safety (Division) created a draft guidance document which contains more detailed information regarding cottage food requirements. The Division plans to update this document as further information becomes available, so please check back often! 

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Deforest Posted 31 Dec 2012 , 8:57pm
post #26 of 29
Hey,
 
I hope this helps. Follow this link to read more about the Cottage Food Law in Florida.  It is okay to bake and sell your cakes from your home. You do not need a license.  Furthermore, an inspector is not going to come after you.  Just make sure your kitchen is clean for your customers. 
 
 

During the 2011 Legislative Session, the Florida Legislature enacted House Bill 7209 allowing individuals to manufacture, sell and store certain types of “cottage food” products in an unlicensed home kitchen. The Cottage Food law became effective on July 1, 2011. To better assist prospective cottage food operators, the Division of Food Safety (Division) created a draft guidance document which contains more detailed information regarding cottage food requirements. The Division plans to update this document as further information becomes available, so please check back often! 

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dkltll Posted 31 Dec 2012 , 10:23pm
post #27 of 29

I admit that did not read all of the posts b/c they were off subject so I hope this helps. (1) I am from Florida and Florida passed the Cottage Food Law in July 2011 so it is legal for her to sell her cakes from home. (2) I agree with the poster that suggested you reschedule as the date conflicts with non business hours for you. The customer has the right to check it out and the OP doesn't have a problem showing it. I certainly wouldn't want a customer coming into my kitchen during personal family time not b/c it's not clean but because it's chaotic. Explain your hours and reschedule. Good Luck with your business!

 

Check out this thread for good info on the law. http://cakecentral.com/t/752358/know-the-law#post_7344707

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jason_kraft Posted 31 Dec 2012 , 10:34pm
post #28 of 29

AThis thread is from 2010, before the FL cottage food law was passed.

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dkltll Posted 31 Dec 2012 , 10:38pm
post #29 of 29

Thank you Jason, I guessed I missed that. icon_redface.gif

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