How Many "illegals"?

Business By ashley87 Updated 13 Mar 2007 , 9:14pm by MrsMissey

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ashley87 Posted 12 Mar 2007 , 3:56am
post #1 of 121

I was just wondering how many people out there sell cakes out of their home without any licensing or anything? I have just begun to sell cakes and I was wondering who was in the same boat. I have seen on here that South Carolina does not license home bakers and so I really dont know what to do? Thanks for any help!

120 replies
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mthiberge Posted 12 Mar 2007 , 4:05am
post #2 of 121

I know in Alberta (Canada) you can face fines up to 50 000$ if you get caught...is it really worth it?? (not to mention being sued if you make someone sick) Not in my opinion....I 'd rather sink 50 large into one hell of a nice kitchen!

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lionladydi Posted 12 Mar 2007 , 4:16am
post #3 of 121

This question has been addressed numerous times on CC. Anyone that is operating illegal would probably be reluctant to say so on here for fear of getting caught. I would almost guess that the illegals outnumber the legals.

Diane

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tdybear1978 Posted 12 Mar 2007 , 4:18am
post #4 of 121

i did for almost a year before I was able to open my own shop. I am in oklahoma and under no circumstances can you bake from the home.

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ashley87 Posted 12 Mar 2007 , 4:21am
post #5 of 121

i have only sold a couple of cakes to friends and i just wonder how big of a deal it is to continue doing so for only close family and friends?

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lionladydi Posted 12 Mar 2007 , 4:32am
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As with anything that is not legal, it depends on who cares and who would turn you in. I never worry about it as I don't do that many but it is a factor. If there was a bakery in my town, I would really think twice for fear that they would turn me in. Figuring that they have gone to the expense and trouble of being licensed, it would be understandable why they would.

Diane

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ashley87 Posted 12 Mar 2007 , 4:36am
post #7 of 121

the thing is there was only one other true "cake decorator" in town that actually owned a shop, and she closed down about 6 months ago. The only other places we have is wal mart and bilo.... so there is a need for custom cakes!

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nglez09 Posted 12 Mar 2007 , 4:46am
post #8 of 121

I'm very obedient to the law. Plus, I can't imagine going to jail when I am a teen prosecutor for my county. icon_lol.gif

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mthiberge Posted 12 Mar 2007 , 4:46am
post #9 of 121

so why not go legit??

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ckkerber Posted 12 Mar 2007 , 4:46am
post #10 of 121

Can you find a church kitchen or somewhere that you can rent their kitchen for a reasonable rate? If your state will not let you do it from home and you've got a corner on the market as far as unique, higher quality cakes then it may be worth finding a space to rent.

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ashley87 Posted 12 Mar 2007 , 4:48am
post #11 of 121

well i am a full time student and this is something i do on the side. I am in no way prepared to go full time or put a lot of money into a space.

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mthiberge Posted 12 Mar 2007 , 4:48am
post #12 of 121

oh right state laws...hummm...I don't understand why some of the states in the US are so against home bakers...at least you would make the effort to be legitamite if you could...but they won't even give you a chance??? weird

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Daniellemhv Posted 12 Mar 2007 , 4:50am
post #13 of 121

I'm not legal yet but I don't sell my cakes yet either. I'm doing everything I can to become legal, its important to me.

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ashley87 Posted 12 Mar 2007 , 5:01am
post #14 of 121

i would love to become legal, but its really just not realistic. I only average about 1 or 2 cakes a month, so how is it possible to pay so much money for licensing, somewhere to bake, etc. its just so darm complex!

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Jopalis Posted 12 Mar 2007 , 5:03am
post #15 of 121

I don't sell any. I would think if I did it would be cash only and no paper trail. Funny how hard it is for home bakers or chefs when you see the gory stories on the news about bugs, rats, etc. in licensed kitchens.....

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nglez09 Posted 12 Mar 2007 , 5:36am
post #16 of 121

mthiberge, were you talking to me? I don't sell cakes, that's what I was saying. thumbs_up.gif

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clsilvus Posted 12 Mar 2007 , 5:51am
post #17 of 121
Quote:
Originally Posted by ashley87

i would love to become legal, but its really just not realistic. I only average about 1 or 2 cakes a month, so how is it possible to pay so much money for licensing, somewhere to bake, etc. its just so darm complex!




I'm in the same boat! Plus I'm still just practicing on friends and family. I do plan on one day having a second kitchen so I can get licensed. The town I'll be moving to soon doesn't have any kind bakery....that I'm aware of.

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RisqueBusiness Posted 12 Mar 2007 , 1:21pm
post #18 of 121

I'm not posting this to start an argument, I'm just posting this to share the views on the "OTHER" Side of the coin, so If I end up offending anyone...I am going to apologize for that up front, but I'm NOT going to apologize for having my opinions...so...Let's play nice. OK?

I too didn't think that anyone would post to this thread, for fear that all of a sudden the "CAKE SWAT TEAM" would decend on them..lol


(I'm not going to "qoute" directly from anyone as I don't want to get flamed, but...you ALL know that I"m quite MILITANT about this issue!!!)


"As with anything that is not legal, "

(operative words...NOT LEGAL!..would you guys be breaking the laws on ANYTHING ELSE? The law of the land states that you cannot commit FRAUD, or MURDER...Is that ok also, because it would depend on "WHO CARED?")

"it depends on who cares and who would turn you in. "


"I never worry about it as I don't do that many but it is a factor. "

(What is a factor? that you don't do that many? Even selling ONE cake is still breaking the laws!)


"If there was a bakery in my town, I would really think twice for fear that they would turn me in. '

(Even if there ISN'T a bakery in town...why do you think it's ok for someone to break the laws? Is this what you want to teach your children? It's ok to do something against the laws as long as there is no direct victims....Well, they also consider prostitution a "VICTIMLESS CRIME" but it's STILL not legal!)


Figuring that they have gone to the expense and trouble of being licensed, it would be understandable why they would.

(Ok, then...at least YOU understand when someone gets turned in for running an ILLEGAL BUSINESS from their home! and the reasons why a lic. baker WOULD care!!)



"Funny how hard it is for home bakers or chefs when you see the gory stories on the news about bugs, rats, etc. in licensed kitchens....."

(Like everything, one sensational case makes the news and all of a sudden out come the finger pointing and the HOW I KEEP MY BATHROOM CLEANER THAN SOME LIC KITCHENS!...Ok, try doing production lines when you have more than 10 cakes a day every day and see how clean you keep your kitchens. THERE IS NO EXCUSE for vermin in a business, and if licencing wasn't such an expensive propsition that we could lose a day a week or even a month by closing and steaming down and chasing after vermin I'm sure that it would be done by 1/2 of those places that make the news.

I'm sure that there are a lot more businesses out there that run clean kitchens, by the book LEGALLY....why don't THEY make the news???)

( and finger pointing...LOOK..THEY CAN DO IT, so why can't I...I'm cleaner..

NO...YOU CAN'T............Once you get lic, you can use your kitchen as a TOILET...until the Health Department closes you down...but you still have that PIECE OF PAPER that states....YOU HAVE BEEN INSPECTED, YOU HAVE PAID TO BRING YOUR KITCHEN UP TO THE LEAGAL CODES OF YOUR STATE OR COUNTY OR CITY and now..YOU CAN CONDUCT YOUR BUSINESS)

(and pay your taxes!! do you know that in some of your states, you MUST pay a tax on the service that you provide? so if you're not charging and paying your tax...you are also a TAX EVADER?)

( Harsh words, aren't they? But...truth never the less.)

( I do NOT want you to now feel that you must be looking over your shoulders and shaking in your boots, but you MUST know what you are doing and if you CHOSE to keep doing it...then you HAVE to be willing to eventually pay the piper down the road. MANY, MANY people continue baking from home, unlic, and absolutely NOTHING happens more often than not...so you're safe about 99/9% of the time.

and that is how a LOT of us started...AT HOME baking for friends and family. Our wonderful friends and family that will support us no matter what...but, will they be willing to pay your fines if you get caught?)

(Some things to think about...!! )

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lionladydi Posted 12 Mar 2007 , 1:35pm
post #19 of 121

RisqueBusiness, I am not going to argue with you because everything you said is correct. I am not speaking for anyone else but I will say for myself that even when I sell one cake I know it is wrong. Why do I do it? Because I am living on SS Disability and draw $840 a month. I have no other income. Sometimes the $20 for that cake makes a difference as to whether I can buy groceries that I need. I sell at the most, 2 cakes a month. Other than that I bake for my kids and grandkids.

Diane

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RisqueBusiness Posted 12 Mar 2007 , 1:46pm
post #20 of 121
Quote:
Originally Posted by lionladydi

RisqueBusiness, I am not going to argue with you because everything you said is correct. I am not speaking for anyone else but I will say for myself that even when I sell one cake I know it is wrong. Why do I do it? Because I am living on SS Disability and draw $840 a month. I have no other income. Sometimes the $20 for that cake makes a difference as to whether I can buy groceries that I need. I sell at the most, 2 cakes a month. Other than that I bake for my kids and grandkids.

Diane




Oh Hon...I TOTALLY UNDERSTAND...like I said a LOT of us started baking from home! and I didn't post on this thread to start anything with anyone, so I am sooooooo grateful to read such a well, and nicely writen comment...

I was a 21 yo mommy and 300 dollars a month wasn't going to support me and my baby. When I walked away her daddy I left with the baby in one arm and a bag of HER clothes on the other...I even had to leave my cat behind..I eventually got her ..after he punched her in the face and left her with a scar in her eye!

I found cake decorating when my little girl turned 1. I couldn't even afford to get one of those big fluffy iced cakes with puke pink roses from a bakery. I spent 6 bucks on a pan, 1.00 on a cake mix..well, let's just say that for less than 10.00 bucks I made my little girl an AWESOME HOLLY HOBBY cake for her 1st Birthday!

6 months later I made my first "paid" cake...I was earning ( on my best months..lol) about 50 dollars a month! I KNOW what a difference THAT 50 dollars made.

SO...been there, done that...not only got the T-Shirt..but wrote the book and got screwed out of the movie rights!

I just wanted to make people aware of how things are...ignorance of the law, doesn't excuse breaking the law, but...really...the Health Department inspectors are pretty busy to be worried about knocking on your doors...unless some mean person decides to make that call.

There really is enough work from the Lic bakeries to keep the Health inspectors from darkening your doorsteps, so many of you are safe..lol

at least from me.... thumbs_up.gif

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ashley87 Posted 12 Mar 2007 , 1:47pm
post #21 of 121

RisqueBusiness what i dont understand is how you ADMIT that you started selling out of the house and thats how you got started but now you have info on your website to report "violators" and such, trying to get people who are doing what you did, in trouble. Just a thought.

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RisqueBusiness Posted 12 Mar 2007 , 1:58pm
post #22 of 121
Quote:
Originally Posted by ashley87

RisqueBusiness what i dont understand is how you ADMIT that you started selling out of the house and thats how you got started but now you have info on your website to report "violators" and such, trying to get people who are doing what you did, in trouble. Just a thought.




I want to start by saying...thank you for visiting my web site and thank you for pointing that out...

Because when I "STARTED" there wasn't any broughhahah over home baking in 1978, and if there was...I was UNAWARE of it as there wasn't any place to do the research..and I was one that only sold to friends and family...( they were the only ones that dared to eat my cake...I was known to be a fabulously UNTALENTED COOK in a family where even a TURKEY was made to taste HEAVENLY! and Beans and Bread Pudding were taken to levels that only GOURMET CHEFS aspire to!)

and just because the info is there....it's up to ME to inform my client of their OPTIONS...and let them make the INFORMED CHOICE..and if you GO to the last page..where the info is supposed to be at...

YOU WILL SEE >.....IT"S NOT THERE!

so...do your reasearch...THOROUGHLY...before you form an OPINION!!! thumbs_up.gif

JUST AN FYI

When I researched about relocating to Floriday in 1998/99 Home Baking was not regulated and was allowed. I went back North and closed my bakery in Pennsylvania and came down in 2000. When I went to get my permits and licencing I found out that Home Baking was no longer allowed. I did NOT get back into a kitchen until I attended Culinary University about 6 years later..and EVEN though I had MANY of my Chef Instructors ask me to do cake for their friends and family, I never accepted because I'd have to bake from home.

Once I became "AWARE" of the LAWS, I CHOSE not to break them...just as some home bakers are aware of the laws in THEIR area and CHOSE to ignore them, and I'm NOT perfect...but, this is how I chose to earn a living and I will NOT do anything to jeopardize it..so I try to do EVERYTHING as above board as I possibly can in my chosen profession.

I earn my living by doing this....It's NOT a hobby nor is it "extra" needed income...if that makes a difference to anyone. thumbs_up.gif

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all4cake Posted 12 Mar 2007 , 2:13pm
post #23 of 121

oof!

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LanaC Posted 12 Mar 2007 , 2:15pm
post #24 of 121

Ashley, I think there is a business incubator near Greenwood (joint venture with Piedmont Tech and Clemson maybe?). If you are in school full time, use the resources available to you - your school. You never know what they may have available, such as an incubator that allows the cheap rental of kitchen space. Go to your school, tell them your situation, and let them hook you up with the right people. A lot of schools have resources that students aren't completely aware exist. Not only may they be able to connect you with a commercial kitchen, they should be able to help you establish a business plan that can turn your current situation into a real success. Your area is really rich in resources for encouraging small businesses, so see what all is out there. You might even want to contact the health department and talk directly to an inspector to see what they would suggest.

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Anna31 Posted 12 Mar 2007 , 2:17pm
post #25 of 121

Ok, I find all this fascinating! Can anyone tell us the steps to take to GET licensed? I am sure that most people don't wish to break the law, they just aren't sure how to go about registering or can't afford to do so.

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kelleym Posted 12 Mar 2007 , 2:20pm
post #26 of 121

The 'States that License Home Bakeries' thread pinned at the top of this forum has a lot of information about who to contact in specific states to get licensed.

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jen1977 Posted 12 Mar 2007 , 2:23pm
post #27 of 121

Great.....here we go again!

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RisqueBusiness Posted 12 Mar 2007 , 2:23pm
post #28 of 121

Yes, in the newsletters there are a list of states and links and a lot of helpful information!

( by the way, I posted..not to inflame anyone, but, to give the view from the "other side" and that..you CAN..sometimes it takes people months...or if you're like me....over 20 years..lol...with many, many interruptions! As we are ALL well aware...LIFE has a funny way of getting in the way!) lol

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RisqueBusiness Posted 12 Mar 2007 , 2:26pm
post #29 of 121
Quote:
Originally Posted by jen1977

Great.....here we go again!




NO...let's not let it go there...lthumbs_up.gif

we can keep it civil.

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LanaC Posted 12 Mar 2007 , 2:33pm
post #30 of 121

I think this is a VERY important discussion to have (politely, of course). I know it's been chatted about a bit, but new members come on without knowing what all has been debated previously. I live in a community where problems with a home baker resulted in a bunch of children getting sick. As a result, our schools do not allow ANY home baked treats to be handed out at school. While this certainly could have occurred with a prof. bakery as well, it's the home baker being protected with the information - not a battle of good versus evil. Better to know the information on the front end than get in a situation like some of our fellow posters in Texas who are receiving love notes from the health department.

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