Hello! I was checking out the Secretary of State site for CA. This makes it sound like you can't even share ("dispense") food from your home with others. Does anyone know more on this? Can my children learn about economics (lemonade stand style) by selling cookies? Can you give a birthday cake to a neighbor? What can we LEGALLY do?
Thank you!
(2) No food prepared or stored in a private home shall be used,
stored, served, offered for sale, sold, or given away in a food
facility.
(3) Except as provided in paragraph (4), a private home shall not
be used for the purpose of giving away, selling, or handling food at
retail, as defined in Section 113875.
113875. "Retail" means the storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise
handling food for dispensing or sale directly to the consumer.
California is a nightmare for home businees - you can not have one involved with food!!! You must have a commerical building to sell food products. Another person here "ita a cake" looked into it and it was so much hassel and paperwork, blah blah etc. California does not want anyone to get make money, that is why people are moving.
Good luck.
Oh me, me , me, me.....
in Elk Grove, CA (Sacramento County)....
Oh goodness am I glad to be out of California. Nope, you can't do anything unless you open your own shop, and that's a nightmare in Cali. I'm sorry...what I was going to do before the Air Force moved us to Alaska, was work in a custom cake shoppe where I had free liberty to create. It just won't be in your home..but nonetheless, fun
This is very bad news. What about selling to co-workers or personal friends?
well you can still give cakes to friends as gifts. it just says you can't give them to retail stores, like supply free cakes for sale/giveaway at a restaurant/store. i know that doesn't help you at all as far as your business goes, but you can still make cake for your friends for fun.
Okay, we can't sell out of our homes...what about street vendors that push hot dog carts or ice cream...they have a license. Are the streets of California considered a commercial building?
So I tell a friend that I cannot charge them for the cake but they offer to reimburse me for my expenses. Is that okay or can I get busted for that? Your thoughts?
Check with your local health department. Mine told me that as long as the food was not being sold for resale and all sales were 'private sales', meaning I was contacted directly for services, that I did not need any sort of health permit and that there were no real laws regarding this and therefore it would not be a problem.
I live in Santa Barbara county and my house is actually zoned in the county not the city so my regulations come from the county health department. You need to check with your local health department and sit down and talk to someone. They won't give you much info over the phone.
Another viable option is to rent kitchen space from a church or a caterer or anywhere that isn't using thier kitchen all the time.
Okay, thanks, I will call them and let you know.
I myself spoke to the Business License people and they told me the same thing..to me, that's fine, I had no intentions of putting my cake skills to business anyway..I make cakes when I want to and I give them as presents.. no money involved..I'm not upset about it.. I'm not moving out of my "Free and Clear House" just because I want to sell cakes..
that's ok..I'm happy and contented the way I do it.. but for people who do this as a business, I can understand.
I have a post going in the Cake Decorating Business section about my problems with California's home business dealings. I am very frusterated. I have been meaning to just go to the city apply and see what they do. I haven't heard back from the Commercial bakery guy about rental space or me working for him....Gee 
I wonder why???
But I am going to do something...I wanted to start this business without having to get a loan. But it looks like I am going to have to get one and purchase an oven and rent from a kitchen. All the places I called, that have ovens with hoods...won't rent. I even called some churches...they said no. I would love to open my own place...I don't have the money for that.
I have several friends who...do decorating out of their home...illegally...have never been caught and some are wives of police officers! IMO...a big no-no. But I know I would be the one to get caught...if I did it. 
These ladies don't even have insurance or a business license and make $25,000 a year!!!! 
I only wish I could make that! From what they tell me...they don't claim it either. 
Bad if you ask me....but they have been doing it for several years.
Ok...so I had to vent!!! Sorry, I understand your pain!!!! 
Yeah, its a pain in the butt living in CA!! If you go to work for someone in an established bakery, they probably will not pay you what youre worth!! But to open your own buisness would be insanely expensive!! Im tellin ya, Im gonna find a way to do it!!!!!
I don't think I will start a business but I do teach here in my home. When I say I don't think, everday I practice and bake and am planning to get some brochures made. For what, I don't know yet!! However, I have been pondering this question. What I propose is we get our won campaign going. some how we have to contact home bakers and cooks, chefs etc and delught the legislature. Look what the students have done in France and look how powerful the working class can get. The demonstrations here for equality show that. So why not us. It is unfair. and I am serious about this.
Thank you for your replies! I will check with our local health dept. and see what they have to say. Whew! Who knew regulations were SO strict?
I just want to decorate and share it with integrity!
Blessings...
I'm in in the valley, south of Fresno.
As far as I know, as long as I don't make a profit the health dept. says they won't get involved. So, I have been giving my cakes away as gifts. But if I were asked to do a special (big) cake I'd give the person a list of supplies and only take enough to cover my expenses.
My mom's pastor asked my number a couple of weeks ago ( my mom took a sheet cake I made for their coffee klatch) She said my cake was so pretty. She wants me to do the dessets for their baptisms.
She hasn't called yet but I'm ready with my pastry bag in hand...hehehe. 
mommachris
I left CA 5 almost 5 yrs ago. Used to live in Sacto. Reading these posts makes me somewhat glad I don't have to deal with that. I, so far have not checked into all the legalities where I live now. Since I've just been doing cakes for friends and family. We'll see what time and GOD leads me to.
Tabby
Oh me, me , me, me.....in Elk Grove, CA (Sacramento County)....
I just moved from Elk Grove Nov 2004...I had lived there for 7 years! I'm in Placerville now. Small world!
I have a post going in the Cake Decorating Business section about my problems with California's home business dealings. I am very frusterated. I have been meaning to just go to the city apply and see what they do. I haven't heard back from the Commercial bakery guy about rental space or me working for him....Gee
I wonder why??? But I am going to do something...I wanted to start this business without having to get a loan. But it looks like I am going to have to get one and purchase an oven and rent from a kitchen. All the places I called, that have ovens with hoods...won't rent. I even called some churches...they said no. I would love to open my own place...I don't have the money for that.
I have several friends who...do decorating out of their home...illegally...have never been caught and some are wives of police officers! IMO...a big no-no. But I know I would be the one to get caught...if I did it.
These ladies don't even have insurance or a business license and make $25,000 a year!!!! I only wish I could make that! From what they tell me...they don't claim it either. Bad if you ask me....but they have been doing it for several years.
Ok...so I had to vent!!! Sorry, I understand your pain!!!!
$25,000 a year is a far cry from a hobby. They are playing with fire if you ask me!
Hello! I was checking out the Secretary of State site for CA. This makes it sound like you can't even share ("dispense") food from your home with others. Does anyone know more on this? Can my children learn about economics (lemonade stand style) by selling cookies? Can you give a birthday cake to a neighbor? What can we LEGALLY do?
Thank you!
(2) No food prepared or stored in a private home shall be used,
stored, served, offered for sale, sold, or given away in a food
facility.
(3) Except as provided in paragraph (4), a private home shall not
be used for the purpose of giving away, selling, or handling food at
retail, as defined in Section 113875.
113875. "Retail" means the storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise
handling food for dispensing or sale directly to the consumer.
How the heck did you find that information? I tried going to the State of California Secretary's website..... those codes are just lists of definitions........ lots of lists!!!!!!!!!! You must have been having trouble sleeping.
I'm trying to find the reference to the (2) and (3) you listed above, I found the one on retail..... but specifically am looking for the restrictions to home use. Can you tell me how you found that?
If anyone else is having trouble sleeping http://www.leginfo.ca.gov/calaw.html
Found it!
114015. (a) (1) No unpackaged food that has been served to any
person or returned from any eating area shall be served again or used
in the preparation of other food.
(2) No food prepared or stored in a private home shall be used,
stored, served, offered for sale, sold, or given away in a food
facility.
(3) Except as provided in paragraph (4), a private home shall not
be used for the purpose of giving away, selling, or handling food at
retail, as defined in Section 113875.
(4) Nonperishable, prepackaged food may be given away, sold, or
handled from a private home. For purposes of this paragraph only:
(A) "nonperishable food" means a food that is not a potentially
hazardous food, and does not show signs of spoiling, becoming rancid,
or developing objectable odors during storage at ambient
temperatures; and (B) no food that has exceeded the labeled shelf
life date recommended by the manufacturer shall be deemed to be
"nonperishable."
(b) Except as provided in subdivision (c) of Section 114080,
every bakery product shall have a protective wrapping that bears a
label that complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law ( Part 5 (commencing with
Section 109875)). Bakery products sold directly to a restaurant,
catering service, or retail bakery, or sold over the counter directly
to the consumer by the manufacturer or bakery distributor shall be
exempt from this subdivision. French style, hearth-baked, or
hard-crusted loaves and rolls shall be considered properly wrapped if
contained in an open-end bag of sufficient size to enclose the
loaves or rolls.
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