I would love to get into the business on the side. But I'm so worried about getting caught. I've been making petit fours and things for teacher's luncheons and so forth and have gotten rave reviews. I would love to start leaving a business card with my donations. If it's word of mouth, is it that bad? I'm not going to be doing enough business to rent a commercial kitchen, at least not yet. Oh, what to do?? You have to start somewhere, right?

I'm sorry... reading the title of your post made me laugh. I'm not sure if many people are going to come running to be on that list.

As for some advice, I would not do business cards. In most places that's consittered advertising, which could get you in a lot of trouble.

Thanks peacock, that is what I figured. Hopefully if people like what I make they'll take the initiative to find out who made it, and approach me.

I am legal and have a small shop in Texas so I will answer...there are A LOT of illegal home bakers in Texas. In my town, which is way smaller than plano, I know of at least 7 hich are SAHM at my kiddos schools who sell cakes on the side. Those are just the ones I've heard about so I bet there are a whole lot more. None of the advertise or give out cards. I only know about them becuz they have talked to me about their business and what it takes to get legal. They don't even have webpages or anything. The ones I have spoken to mainly do things for friends, families and their kids class if it comes up.

Thank you cupofbutter. I appreciate your honesty.

Okay - I have a question on this, all this legal stuff and "have you been busted" gets you a little nervous. If you are doing a wedding cake as a gift - not charging, even for the ingredients, is this a problem if baking it from home? I was "legal" for some time, subrenting a kitchen, but have gotten out of the cake business and returned to the accounting world, but I am doing a wedding cake for a dear friend and didn't even give a second thought to the fact that I was going to be baking it from home.....as a gift, anything to worry about?

Its only illegal if you are receiving money, gift cards, ingredients or some other form of payment. I think in your situation you have no problems to worry about.

I did my sister's wedding cake, as well as a friend's wedding cake (both when I lived in California) - but those were their wedding gifts.

As long as you aren't charging - you're not doing anything illegal. You can give gifts of food (holiday cookies, home-made jellies/jams, etc.) - the problem starts when you start accepting money.

I started asking to be provided with the ingredients when someone asked me to do a cake... and they'd bring over the cake mixes, a bottle of oil, a carton of eggs, etc. So I got a little extra out of it that way (getting to keep the leftover ingredients) - but I never charged (working in the legal field had me WAY too paranoid to do anything illegal).

I don't think someone giving you the ingredients to make a cake would be considered a form of payment. I have friends who have asked me to make their wedding cakes but I can't afford to buy the ingredients but I can give them my time and limited talent to them as a gift. If my friend asks me to help her with a dinner party and buys all the food and I cook it that wouldn't make me a caterer. lol! But I agree-cash, gift cards, "donations" are forms of payment.

Making a cake as a wedding gift is a wonderful, special gift that the couple will treasure.

The health dept. here says that people buying you ingredients especially on a regular basis is not acceptable either. If its friends of course they probably wont turn you in.

OK, here's my two cents worth. Which in American money would be worth around 1 1/2 cents, but lets not go there.

While you don't advertise and hope your business gets going through word of mouth, don't forget about something else. I am not sure if it is purely Canadian, but if somebody ever got sick from eating something you made. Don't forget it might not even be from something you made, but from something else, but if you don't have insurance and they decide to sue you. You would be in big trouble.

Personally, I'm not going to get insurance until my business becomes more profitable. But, it is just something else for you to think about.

ok, yall are making me nervous now. i've been doing cakes for several months now, mostly for friends. several coworkers have started to purchase my cakes. this is a hobby and if i get paid that's cool, but if i dont, it's not a big deal either. i'm in texas, what's the minimum legal thing i need to do to protect me????

The health department where I am told me if you bake cakes and receive any form of payment you have to have a legal kitchen. Selling to customers .... u need a legal kitchen. As to the minimum...it only takes 1 person to turn you in, sue you or to spread the word and get you in trouble. Its all in how much risk you are willing to take.

so you're saying i absolutely have to get a license? there's nothing less expensive/involved than that

If you are getting paid for the cakes you are making and are in Texas then yes you have to do it all in a licensed kitchen there is no way around that unfortunately. Maybe you could find someone to rent you some kitchen time somewhere. There are a lot of people who still do it from home, but its not legal in Texas and just cuz they haven't been caught or sued doesn't make it doesn't mean they won't and doesn't make it legal.

For what it's worth, my county's (Williamson) health department told me that I could do cakes for pay for people I know directly. I could not (without a license) make a paid cake for a "friend of a friend", that is where they draw the line. Call your county's health department and ask what their guidelines are.

I know the Texas Food Service Establishment Rules state that you cannot do ANY food for pay from a residential kitchen, but I think that Williamson County is acting a little practical about it. Of course if you do cakes, your friends are going to call you and ask you to do their kid's birthdays/weddings/whatever. So I really like that they told me that it was ok to do that.

Hi Kelleym, I'm in Williamson county too! Small world, huh. And nope, no home bakeries in Texas unless it is completly seperate from your house. You can build a little shop in your backyard if you wanted, as long as it passes all the inspections and complies with all the regulations (and wow there are a lot!). I'm in the process of opening a bakery and deli in my town and all the requirements from the building inspector and the fire inspector and the health inspector.......seems endless. But I have heard that the fines if you get caught baking from home are pretty steep.

Wow! What town?

Cakes4mbl - just head a little south to Austin/Travis and you can't build a shop in the backyard (although you may be able to convert the garage) because zoning laws prohibit any addition that is for the express purpose of operating a home business.

I finally lucked out, though. After operating without a license for a couple of years (really only did cakes for friends though) I am now working in a commercial kitchen in Wells Branch. I do the pastries for a restaurant and they give me kitchen time whenever I want it as long as they're not busy and I don't get in the way. So I'm finally official! I made some business cards, I've got a website in the works, and all I need now is an oven that will fit more than 1 cake at a time!

Kelleym, I'm in Taylor, what about you?
Ali, congratulations on your business! I hope it goes well! I'm trying to stay motivated in getting mine going. I'm really excited about it but so far we are still in the paperwork stage....I'm ready to actually SEE some progress (aside from driving by the building to look at it every chance I get )

Keep us posted on your progress. I'd love to come visit when you've opened up shop! Just how far is Taylor from Austin anyway?

Kind of depends where in Austin...about 25 minutes from RR is probably the easiest way to explain. We are hoping to be open by the end of August....we'll see I guess. At this rate I don't see it happening, but I guess once everything actually gets going it won't take much time. I'll keep updating!

I am in Dallas, I believe the rules are pretty much the same in any Texas town.
Home Preparation
Home preparation of food for public consumption is prohibited. All food that is to be consumed by the public, whether free or for sale, must be prepared at a commercial establishment that is inspected by a federal, state or local health authority.
You can find more information at:
http://www.dallascityhall.com/ehs/food_protection.html

Hope it helps