Legalities Of Selling Homemade Cakes?
Decorating By texastwinkie Updated 19 May 2006 , 3:55am by nicksmom
I guess I'm confused. Do you have to be licensed to bake a few cakes and sell them? I'm not talking about advertising, owning a small business and making lots of cakes. Can I bake a cake here and there at someone's request and accept or charge money for it without having a license and permits? After reading some of the threads about this subject it almost scares me to even want to decorate and sell. I don't want to open a bakery, have a separate kitchen, etc. I want to do this as a hobby and maybe make a little spare cash doing it. Now I'm wondering if I should hang up my apron now and call it quits. Wow! the thought of some of those fines and or going to the pokey scares me! 
The laws are different in each state. As for selling cakes, you can take a "donation" if you want, but you really can't sell baked goods out of your house unless you are licensed to do so by following your states regulations.
I understand how you feel. I hope someone else can answer your question a little more in depth.
Angie
The rules vary from state to state, and even from county to county in some states.
If you post where you are located, and change your post title to include your location also, you'll get the attention of people who can help!
Laura.
I live in Texas but plan on semi retiring and moving to our vacation home in Oklahoma (Marshall county). I thought it might be a fun way to make a little pocket change, just a little fun money. No big time plans of setting up a big business. I did post another question in the business forum asking about the guidelines for the state of OK. So is it a safe assumption of mine that most everyone here on this forum is baking and selling with a license? Surely I'm not the only one without one? Please tell me I'm not alone?
If you provide goods to the public, even for a "donation" it is considered a sale. In most states, this requires a license. In many states, home baked goods are covered by the Department of Agriculture, and the licensing is fairly simple. In other states, the health department covers the licensing.
In some states, like California, it is illegal to sell home baked goods-period.
or going to the pokey scares me!
OMG DOES THAT SAY POKEY!!!....thats hilarious!!! I seriously have tears!
(sorry I dont have an answer for you.....but the pokey thing just killed me!!! )
or going to the pokey scares me!
OMG DOES THAT SAY POKEY!!!....thats hilarious!!! I seriously have tears! (sorry I dont have an answer for you.....but the pokey thing just killed me!!! )
I thought it was pretty funny too! But it was my number one scare as achild! I never wanted to do anything that would wind me up in the slammer! It's always kept me in line! 
So does this mean that everyone who contributes something to the church bake sale has to have a license? I know a lot of good church ladies who are going to wind up in the pokey!
This varies from state to state, but if you are making a food product and offering it for sale, for your personal profit, then you must be licensed. Licenses are issued for bakeries, food processors, domestic kitchen, etc. You usually do not need a license for non-profit charitable organizations that make and sell items such as jams, bread, cookies, and candy. A church bake sale, a little league sale of candy, or a the packaging
and selling of foods to raise funds for a non profit organization
are a few examples.
heres my take... I don't see why you go and spend money etc. for a license,if you don't already have customers/buyers that know about you and faithfully want your cakes.I think you have to get that far to know a license would be worth it and not a waste.I think it's a catch22.although I do understand the legalities of it but don't totally agree.I make most cakes as a gift, be it wedding (family),showers or bday (family and friends),I have sold lots of bday cakes to co workers and a wedding cake sold,I have not found any trouble yet and I do have calling cards I leave around town...so far so good.this is how I started and I do hope to get my license shortly,god willing.good luck and happy baking!
You're right nicksmom, the hardest part is usually done before you even think about licensing and that's building your clientel and establishing a reputation. Depending on your location, the process can take lots of time and money, especially if you have to have a seperate dedicated kitchen or have to rent out space. I have given away so many cakes and baked goods to establish a rep its not even funny! But it's worth it when people start to come to you from word of mouth!
The people I bake cakes for are friends and family. I give them the cake.....they give me a thank you gift. Most times that 'thank you' gift is cold cash. We can think of it as bartering. I make cake~ they provide $$$$$.
I'm choked by government intervention into my private affairs.
Before somebody jumps me~~~~save it. I live in smallsville and this is how we operate!!!!!!!!
I was really wondering the same thing. I have had 2 orders and know of 3 more possible. These are the non-family ones (I have a huge family). I wouldn't dream of spending the money tillI knew if I could make a go of it. I'm planning of renting time from a local church once I have actual clients. What I am wondering is how many here are not licensed (of you are willing to say) and how many people have actually been fined ect? Is it most who try or a small few? I am scared to death of fines ect, but I really couldn't afford to rent the kitchen time without clients. Like someone else said, its a catch 22.
well texastwinkie.....worse comes to worse....you could always bake your "pokey" friends a cake.....maybe that will hold them off for a while!! Or pre-bake a cake with a nail file before your sentencing!!!
but then again ....if the pokey is filled with little church ladies......the pokey may not be so bad....bet you'd get some good recipes!
Oh, I can feel it already. We post on here to find out about some answers about the legalities etc. and suddenly we big brother is tracking us down or Homeland Security. So BZ lil bakers are in the news! don't worry about it. Just follow your instincts.
Isn't that something? You'd think they'd have something more important to worry about than BZ little bakers
a bakers gotta do what a bakers gotta do!I don't know what the fines are for my state,but I'm guessing high since everything else in this state is!I do not have a license and have also had checks made to my buis.name on my calling cards,and I don't get any hassle from my banks etc..@ first I was leary(spelling?)though!
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