I've Been Warned! - Texas Health Department
Business By cakesbyallison Updated 8 Mar 2007 , 6:26pm by ShyannAutumn
I received an email yesterday from a local representative from the county health department - advising me that my type of "business" is prohibitted without a health permit, and not allowed by law to operate this business from my home.
A word of warning out there to fellow cake decorators - especially those in the state of Texas., or any area's requiring a health permit to operate your business from your home. I do not know if I was reported, or if this was a random hit on my website... Needless to say, I'm taking this very seriously. I love what I do, and think at this point, need to give some serious thought about the cake decorating business and my future in it.
allison, so sorry that happened to you. I was just at your website and you have some lovely cakes. I am glad though in a way, because now...you will move to the next level!
Your cakes are great and I don't see you having any problem with earning enough to stay in business!
Good luck in your new venture!!! Welcome to the confusing world of Licencing..lol
Allison, I'm in Texas too, and let me tell you, I don't know WHAT is going on, but I am laying low now.
I had a craft booth at a local craft "mall." Mind you, I did not sell food, it was just handpainted woodcrafts, potpourri etc. I got a notice from the Harris County appraisal district, telling me because I had a booth, which my rental expired in December 2006, I had to file property taxes for my business or get fined! I told them 'what business??" it's just a craft booth! I don't even have a registered business name! So they wanted to know what I made and how much each had sold for! I mean, I had nothing over $5!!! I told them that I sold stuff at craft shows seasonally, and they told me I would have to stop because if I make stuff out of my home, even though it's not food, it was making my home a business!
I was floored!
I just got a call from another local cake decorator... She received the same email I did. So apparently they are actively searching out businesses. (I guess I feel a little better, knowing it wasn't a client that turned me in. I lost a lot of sleep last night!)
Wow. I took a class with someone this weekend who said something to the effect of "The health department doesn't care about the cake ladies." I guess in your county that's not true.
I wrote to my state senator and representative asking for a change in the law, but never heard anything back. Not even a form letter!
Allison, I'm sorry to hear about the "crackdown" in your area. I too just checked out your website...my name is spelled the same way...so for a moment I just daydreamed that I had this gorgeous website and all these great "Cakes By Allison"...ahhh. Then I snapped back to reality...I live in CA where they don't allow home based cakes...bummer!
~Allison
wow...your cakes are awesome!
you really should think about moving up to the next level....
in alot of ways it's easier than doing it at home.
Your cakes are lovely and that would be a shame. I found where I am as long as you don't advertise, you don't have to have a permit. I guess they call your website advertising. Which it is. It really stinks. Hope it all works out.
His name is legit... I Googled it, and it came up all over the place (Health Dept). Now, since I've heard from the other cake decorator (she received same exact email); I'm thinking he's done an internet search for businesses in the area, and swiping the area. However, the thought has crossed my mind.... about other business owners. I would hate to think that they would make any effort to sabatage us.
Is it possible that health inspectors are lurking around cake central? I'm in Louisiana and don't sell anything. I just make cakes for friends and my church. Someday I'd like to open a shop though.
I live in Texas and I do cakes out of my home I have not done that many, but if I were you I would just call down to the health department and ask for the guy by name. If they put you through hang up...lol (childish I know) and if they tell you that there is no one there by that name then you know you are not in any danger right now!!! Or if he is there you could talk to him and see what you need to do take your cake shop to the next level.
During my first inspection, my inspector told me that they do web searches, newspaper ad searches, and will just walk into a business to "check it out". She told me this as she was searching through the Visitors Guide (for my area) that she pulled from a rack in my shop. She was very nice about it and told me it is part of their job.
Atleast he didn't show up on your doorstep and fine you several thousand dollars...and turn you into the IRS. He was probably scowering the net and came across your site which had your contact info on it...so he replied. I am sorry this is happening to you, but it really could be much worse! Good luck.
Keep in mind that if you were able to use Google to find out that his name is connected with the health department, so could anyone wanting to send out a bogus email. I'm not saying that's what happened, just that it wouldn't be hard for someone else to pretend to be with the health department if they were so inclined. I would at least give the health department a call to ask if the email is legit. And be especially careful if you get a follow-up email saying to send specific bits of personal info to apply for your license--could easily be a phishing/identity fraud ploy. It just seems a little shady to get a notice like that via email.[/url]
Keep in mind that if you were able to use Google to find out that his name is connected with the health department, so could anyone wanting to send out a bogus email. I'm not saying that's what happened, just that it wouldn't be hard for someone else to pretend to be with the health department if they were so inclined. I would at least give the health department a call to ask if the email is legit. And be especially careful if you get a follow-up email saying to send specific bits of personal info to apply for your license--could easily be a phishing/identity fraud ploy. It just seems a little shady to get a notice like that via email.[/url]
I agree. Any government communication is in written form with multiple copies for their files. Calling the Health Dept. makes sense.
cakesbyallison....I'm in Texas too...and was reading another thread from a fellow Texan with the same problem as you. When I read the title of this thread I thought it might be the same one. So, you are not being singled out. It seems TDH is on the loose. BTW...your cakes are beautiful!!!
cakesbyallison....I'm in Texas too...and was reading another thread from a fellow Texan with the same problem as you. When I read the title of this thread I thought it might be the same one. So, you are not being singled out. It seems TDH is on the loose. BTW...your cakes are beautiful!!!
I just checked the thread...it was divaofcakes in Houston
The reason they knew you were running a business illegally is because your website has prices and ordering information. I've learned from threads on here, that you should not advertise if you don't want to get caught. You should present your website as a hobby with no pricing.
You can tell by the end of his email address whether or not it is legit. Say it was [email protected] If you type in your browser www.healthdepartment.gov it should take you to your health department's website. If it takes you to something else, you know it's bogus. Most likely it's not.
i think they want you legit so they can collect the fees from you.
it's all about getting more money.
Anybody can make an email look like it came from [email protected], that's phishing/scamming 101. The more I think about it, the more I am suspicious about receiving a cease and desist EMAIL from the county health department!
If it were me -- I would be suspicious unless I got a phone call or letter on department letterhead. Now, he may not have your mailing address, but your phone number IS on the site.
Don't get me wrong...it is definitely illegal to sell cakes from your home in Texas, so I think it's a good idea to lie low and look into licensed kitchens in your area (and your cakes are beautiful, I recognized at least one from my favorites). But the email thing is just so WEIRD!
p.s. the Williamson County Health Department lady (Nazi) told me I could sell cakes without a license to people I know with no problem. I could sell a cake to a friend, but not a friend-of-a-friend. That's just where they draw the line.
Allison ... I am so sorry that this has happened to you. Your cakes are so amazing, and you have incredible talent. Is it possible for you to take the steps necessary to get licensed? Or is it not possible at all to be a licensed home baker in Texas (I'm not familiar with TX laws)? I'd hate to see you have to stop your business when you do such a great job. 
The first thing I thought of when I started reading this thread was what heavensgaits suggested - maybe someone from the DoH is lurking about here on CC. For that matter they might check any number of cake related sites.
Trust me, I'm not trying to defend them, but if it's their job, and they aren't stupid, it would be a good idea for them to do just such a thing to stop illegal business and possibly rack up some fines (who knows, maybe they have a quota to reach or bonuses to be made or something).
Anyway, Allison, I would probably give them a call. Since your phone number is on the website (if my memory is working correctly), they'd be able to do a reverse search (esp. a government agency) to get your address and send you something by snail mail. Then again, I'm originally from NY so I tend to be suspicious, but it's worth a try I think.
The first thing I thought was that the government would send a warning via
e mail?? I would carefully check this person out with the health dept. It's a $ thing like most everything else. There aren't enough real issues for the gov to persue, they have to go after cake decorators. That's pretty pathetic.
I'd sure hate to see you quit business. You are so talented. Your work is wonderful.
Sincerely,
Carol
I just wanted to throw in my 2 cents- and say I am sorry to hear what is happening to you right now. I have been feeling very depressed the last few days for very similar reasons. I live in AZ and the laws are very similar here- absolutely NO selling home baked goods. It has really sort of taken the fun and happiness out of it for me. I don't make cakes to make a bunch of money ( I almost always give them away or if I charge it is for supplies) but I had hoped to help fund my hobby a little bit. I guess my family and friends will have to keep reaping the benefits until maybe someday I can open a shop of my own.
Anyways- keep up the wonderful work- your time will come. =)
IMO I would call to confirm if they indeed sent you an email. Just to make sure. In this day and age it's not uncommon for people to do official business over email. That's just where the technology has gone. There is also A LOT of scams that go through email as well. It's hard to say if this is legit or not, but as I said before a quick call to the Health Dept would clear this whole thing up.
Every e-mail that you receive should have an ip address attached to it. If I were you, I'd do a search for this person's ip address.
This site might help you out: http://www.arin.net/whois/
If they were legit, then it would most likely show up as a government agency. If not, then it would be obvious.
As many have pointed out, the potential exists that the origination of this email could have been from someone other than a health department official.
Now that we all agree that this is a possibility... I will ask... does it even really matter if it was a health department official or a competitor? Let me expand on that...
If it was a competitor (or random jacka**) and they took the time to send that email and make it look official, it means 2 things to me:
1. They know you are operating illegally
2. You are on their radar
Let's say someone is crazy enough to commit a 3rd degree felony (which what Texas considers impersonating a public servant ) and they send out an email to a bakery to "bust" them. And let's say you are convinced that it is a total hoax and you go about the business of making cakes.
Any guesses to whom that crazy SOB is going to be calling once they find out that you are still doing business? Yep... the Health Department and even if it was a hoax to start, now you are really turned in and could face fines, etc.
In short, I wouldn't give the "legitimate or not" part of this problem a 2nd thought because realistically, it doesn't matter.
I'm not sure if this business 100% of your income but if it is, I would recommend that you start beating down the doors of every place in a 50 mile radius that has a commercial kitchen and try to strike up a deal ASAP. Then YOU call that health department guy yourself and tell him how happy you were to receive his email because you were getting ready to call them anyway to have the space you lease inspected for your permit. 
Best of luck dealing with the situation.
You know, if it turns out to be true that a Health Dept. Official has nothing better to do with their time, to hunt on the internet looking for homebakers...it's a sad day for you folks in Texas!! Sounds almost Natzi like
What exactly is it that you think a Health Department Official does? They enforce the law. Part of enforcing the law is to find those who are breaking the law and enforce penalities/make them stop breaking the law! Most people, when they get stopped for speeding, don't go to the courthouse and complain that there shouldn't be a speed limit just because they got busted breaking the law. Or do they? Breaking the law is breaking the law whether it's speeding or baking from your home. It's all in the matter of public interest.
On another note, the original poster wasn't complaining that she got busted...she was warning others of what happened to her. I hope you find a way to keep your business going...your cakes are terrfic! 
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