I've Been Warned! - Texas Health Department
Business By cakesbyallison Updated 8 Mar 2007 , 6:26pm by ShyannAutumn
I remember in the Divaofcakes thread that some people were mentioning it was weird to get a phone call from the health department....and now some people think its suspicious to get an email 
I think sending an email puts the warning in writing and saves time....maybe they were doing an online search and ran across a few and decided that an email would be the first warning.
In any case, I wish you luck in finding a solution for this problem . 
Well, you know I just had to throw in my two cents!! About a month ago I too was contacted by the Harris County (TX) Health Dept. This was just a call to my message machine... no letter, email, etc. Just a message. They told me what I was doing was illegal in TX and to stop immediately or a constible will come to my address with a citation. I was floored!!
It was a blessing in disguise, however. Since then, I have found a WONDERFUL woman who has agreed to rent me space in her kitchen for a song. So, not only am I legal, I have a new friend and mentor.
I have also written a letter to my state rep. (with absolutely NO response) and have asked that my friends and customers do the same.
Isn't it ironic that the TX Dept of Public Safety is one of my best customers? HA HA!! I have done a cake for the TX Rangers (NOT the baseball team) and several people in DPS. Figure that.
I hate that this is happening but apparently they are cracking down! Be warned and get legal. GOOD LUCK!!!
I'm sorry this happened to you I just started selling some cake to friends, and my husband wants me licensed for my sake there can be some jealous people out there waiting to ruin someone's life anyways look to see if there is any ktichen space you can rent it may be a lot of trouble and costy but worth the peace of mind your cakes are great and I was going to give your name to my family in Dallas but I guess they will have to go to Flower Found (another CC member is there) good luck to you
Notice I don't have my location listed...... just in case health depratment would have to read a lot of threads to find out where I live
Allison-your website and your cakes are terrific! Excellent work on both! I think it will be a blessing in disguise for you. Take a word from divaofcakes to heart-find a legal kitchen and keep up the awesome work! Your customers will still be there! Be thankful it's a warning. I knew a lady fined several hundred dollars for selling coffee cakes at a craft fair. People lined up (literally) every year and bought her out. This was in a very small town and eventually either the DoH or a local bakery found out and fined her. She was able to bake out of a church kitchen after that-I don't know the laws in Texas, so I don't know if that's an option for you.
Good luck in everything you decide to do and in taking your beautiful cakes to the next level. Think how good you'll feel when you're making those cakes legally!
I too have been losing sleep over how to become legal in my state. I want to take my business to the next level in the next yr or 2. Im planning on quiting my full time job & getting pregnant so were gonna need the extra income. Its hard enough around here with competition like Duff right up the road. Some states allow home based businesses but you must have a seperate kitchen from your personal use. Earlene has a wonderful tutorial on her website as to how she went about starting her business legitimately. For those of us part time "hobbyist" who are thinking about becoming legit, you might want to check it out! http://www.earlenescakes.com/business01.htm
Allison - I am so sorry to hear this! I just looked at your website and your cakes are AMAZING! I would definitely give your local health department a call to make sure that this email was legit.
p.s.- I added your website to my favorites...another inspirational cake site for me! 
Has anyone looked at the other side of this issue? I am not making cakes as a business but as a hobby mostly. I do make for my kids and grandkids and occassionally a friend will ask for one. I am on disability and never know how I am going to be feeling so I don't commit to doing cakes for people. However, I do worry when someone pays me for a cake.
We must understand that many people on CC and all the licensed bakeries out there must work hard to pay the overhead on their businesses and pay for licenses. They pay taxes on their income and answer to all health department rules and regulations. Those of us that do this occassionally like I do or as a full time business out of our homes are breaking the law. It is just that plain and simple.
There is no way I would advertise on a website if I was not licensed. That is just asking for trouble. I don't know if I would contact the health department or not about the email. That might just draw more attention to your situation.
Good luck in whatever you decide.
Diane
I worry about this happening to me as well....I started out with the best of intentions, take a few classes so I could make cool b-day cakes for my son and niece, I NEVER expected it to go any further. I just don't seem to know how to tell anyone NO....and its not that I don't want to (because my 1 and only job right now is raising my son and watching my niece)......but I have such a hard time saying NO to people.....most of the time I don't get more than a couple of bucks over the cost of ingredients (as I ask most people to give me $15) and sometimes I swear I am not even getting enough to cover my costs, but that wouldnt matter, I am still breaking the law....and it does make me feel bad. That said, I am in no position to change that, I dont have the time, resorces or desire to start my own legal business, I honestly dont love cake decorating enough to want to do that as my livelihood..now if only I could learn to say No.....
Allison, Love your cakes and you need to get legal. Its such a shame this has happened and you must feel totally sick with worry im sure.
Is there any way you can do this by converting space at home, I have done this and just this past week my health inspector came out and signed me off, so in his words im 'OK to open'. you can pm me if you would like to know what we did,(hubby and i). In any case what ever you do, rent or convert its going to cost money and if you can you may as well keep that money at home. i looked into renting and i could see no profits from it, just extra extra work.
CarolAnn -- check out the 'States that License Home Bakeries' thread:
http://forum.cakecentral.com/cake-decorating-ftopict-32550.html
You guys off all kinds of great advise, and thank you for your condolences!
Well, I did pull up our city's departmental listings, and under Health and Environment, is listed the individual who sent me the email, and the email / phone number is the same as the one I received... So he is legit!
Chalk it up to "modern technology"! Email, phone call, it's all the same!
Your cakes are beautiful and I think you could make a "real" business for yourself. You have the talent and the clients, maybe you should just go for it.
Awwww man ... I was hoping maybe it was a bogus email. 
Have you figured out your options and what you might do yet? I'm so sorry that you are going through this (I know I already said that in my last post, but I just feel soooo awful for you!!! )!!!
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
I agree with PieceofCakeAZ. Regardless of whether that email is legit, someone (whether it be Health Dept or a jealous competitor) doesn't want you to be doing this illegally. Look at the whole situation as a blessing in disguise. I looked at your website and YOUR CAKES ARE BEAUTIFUL! If I had even half as much talent as you then I would become legal and keep making cake!! Don't give it a second thought--you're way ahead of the game--you've got the skills, clients, and a great website.
Thank you! Yes, I agree with you 100% - regardless, I have been officially warned, I totally get it. I'm a big believer that things happen for reason, this may be a blessing in disguise!
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!
Kellym, You won't hear anything back from them unless you become a pest and get your point across. Keep writing to them until you get the response you want. When you do, don't stop there and think something will be done. Follow up. Sometimes the media helps, like sections the news does of "in your corner" type stuff.
This is something I have been working on in our State. My brother-in-law has a good friend who is a State Rep. (not my area) He said to research, detail and back up what you are trying to get changed. The loudest wheel gets oiled.
I have been gathering information from other states that allow "Cottage" type laws for home bakers. I also have searched news articles for reports of "homebaked goods" for sale at craft show, special events, etc. (these are not charity, or church events) I've also researched statistics of food poisionings in eating establishment and home. I gathered some data on single mothers trying to make ends meet, elderly bakers that have an ill spouse with huge medical bills, etc. (as in one of the links posted here several months back that gotten a Georgia? law *i think* past) Just to give you an example. I have my stuff scattered everywhere.
To make it even better would be for others to send in letters or phone calls with the same issue creating a bigger problem for them. Letting them know the public is watching. Get someone on the inside, on your side. If nothing else, when you write to them, ask how many in the State house has illegally purchased that cookie, cake, bread, cinnamon roll from the adorable little lady next door that bakes to suppliment a fixed income.
Business owners I am not trying to take anything from you. God bless you in what you do. But here in little po-dunk Oklahoma 75 miles from the nearest bake shop you have a tendency to bake for the friend or family that can't make it to the bakery for that huge cake that may fall or get smashed in the drive.
It's not finacially efficient to start a bakery due to small population that can't support a bakery.
Sheesh I didn't mean to ramble... Keep yelling Kellym, someday someone out there might hear you.
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?
Sweet, acually they do. They scream "police harassment" or "speed trap".
Sure it totally is look for kitchens to rent let me know when you do pm your information and I will give tons of referrals I have tons of friends an family in Dallas and they all buy a lot of cakes!!!! We're Mexican! 
I'm sure you won't loose any customers you are extremly good let us know what your outcome is!
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!
Kellym, You won't hear anything back from them unless you become a pest and get your point across. Keep writing to them until you get the response you want. When you do, don't stop there and think something will be done. Follow up. Sometimes the media helps, like sections the news does of "in your corner" type stuff.
This is something I have been working on in our State. My brother-in-law has a good friend who is a State Rep. (not my area) He said to research, detail and back up what you are trying to get changed. The loudest wheel gets oiled.
I have been gathering information from other states that allow "Cottage" type laws for home bakers. I also have searched news articles for reports of "homebaked goods" for sale at craft show, special events, etc. (these are not charity, or church events) I've also researched statistics of food poisionings in eating establishment and home. I gathered some data on single mothers trying to make ends meet, elderly bakers that have an ill spouse with huge medical bills, etc. (as in one of the links posted here several months back that gotten a Georgia? law *i think* past) Just to give you an example. I have my stuff scattered everywhere.
To make it even better would be for others to send in letters or phone calls with the same issue creating a bigger problem for them. Letting them know the public is watching. Get someone on the inside, on your side. If nothing else, when you write to them, ask how many in the State house has illegally purchased that cookie, cake, bread, cinnamon roll from the adorable little lady next door that bakes to suppliment a fixed income.
Business owners I am not trying to take anything from you. God bless you in what you do. But here in little po-dunk Oklahoma 75 miles from the nearest bake shop you have a tendency to bake for the friend or family that can't make it to the bakery for that huge cake that may fall or get smashed in the drive.
It's not finacially efficient to start a bakery due to small population that can't support a bakery.
Sheesh I didn't mean to ramble... Keep yelling Kellym, someday someone out there might hear you.
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?
Sweet, acually they do. They scream "police harassment" or "speed trap".
You're right the squeaky grease gets the wheel. When I started cake decorating 25 years ago it wasn't illegal to sell from your home in the state I lived in. Just prior to our moving to Maine the bakery businesses in my home state started lobbying the state legislaters to ban home bakery businesses. I didn't pay any attention to it as we were moving and to a state that also allowed home bakery businesses. Seven years later we moved back home and I found out from a neighbor who made a commercial kitchen off her garage that the bakery lobbists had won. She said much of the lobbists agruement was health related issues. However, no private individuals lobbied to outlaw home bakeries at that time and there wasn't any documented food poisoning from home bakers sited to her knowledge. My home state is very rural in areas and home bakeries still flourish in those areas. In the more populated areas the restrictions seemed to be enforced well and many vendor sites don't allow off site food unless it's from a licensed business. My point ( long winded... deep breath ) is if you think the law is unfair, the best way to initiate change is form a group and try to change the law. That's what the business bakeries did back in the 80's ( ok, just dated myself). Bigger voices get heard.
the best way to initiate change is form a group and try to change the law.
I hear ya! LOL
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