Okay, we are trying to figure out WHAT in the world we need to do to start a business, out of our home. I read the posts about the law passing, called the Dept of Agriculture and talked to an inspector directly - he says the law did NOT pass. He's checking, and is suppose to call me back. Maybe it passed the legislature, but was not adopted by the House, or soemthing - who knows.

Aside from this, we just really want to do this on the side. Can we still do that, being sneaky? Can I put out little cards with my baked goods? What does everyone else do?

WHAT do I *need* to do probably should be the real question! HELP!

thanks,
Tina

Hi, I know that I'm not from GA, but I lived there over 10 years and was gonna start a business there at one point and if I remember right, all I needed was a business license and a commercial kitchen setup. And insurance too. I hope that you are able to get a business going. I know that GA is a fast growing state and there is a real need for good decorators!!!!
If you live near Merietta, There is a cake shop there in town that might be able to help you out with the info!!!
GOOD LUCK!

Okay, they called me back.

The law did NOT go through. Basically, there were two bills going through, and the Senate had one, House had the other - the SAME version was not approved, therefore pretty much stalled.

Bummer.

Tina

I didn't say WELCOME!!!!!!

Hi lilie - thanks! I am real close to Marietta actually. Well, our problem is that we don't have the 'commercial' kitchen. We're just doing this out of our home. The inspector did say we could utilize a church kitchen though, so that's a thought. He did tell me they knew a lot of people did cakes and such for friends and family, and they won't come tracking us down.

Do you think it's okay to set up as a "vendor" for a school funtion (ie, the fall carnival)? My son's school offer for you to buy a spot, like a craft fair. We were thinking about doing that, but I'm wondering if that won't be 'legal.'

Tina

I am a cake baker in the metro atlanta area and I bake cakes on the side. I'm not legal so I try to get business by word of mouth. I have some business cards that I'm afraid to give out b/c I'm not legal. But from time to time I give them to friends and family but I'm taking a big risk with that.

WHY IS IT SO HARD FOR US TO ACHIEVE OUR GOALS AND DREAMS!!!!! Arghhhh

Hi, I am in Rockdale County and they won't license me either unless I am baking in a commercial oven. I have run into a couple of bakers who have made a deal with local eating establishments regarding using their ovens. That is how they got their license.

Hello, I'm in hampton, not too far from all of you. I was told that as long as you don't give your business a name or advertise (ie flyers, ads, etc) You are not considered a competing business. They recognize that there are Mom & Pop businesses that operate out of the home, so they make some exceptions. Of course, they don't want everyone to do this and I am sure that if you start having more orders you would need a big kitchen and commercial appliances to get business done anyway. I do hand out my cards. I figure that if I can't do that, then we'll cross that bridge when we get there.

Also, my cake deco instructor tried baking out of a church and they told her no because the church was non-profit. Maybe that was a long time ago and they have relaxed the rules since then.

All you can do is call and asks lots of questions.
HTH

I asked my county if a church oven would be okay and they said no. bbbbbbbbbbbbbbbbbb

Hey Tina,

I'm in Kennesaw, doing a lot of the same research as well. The commercial kitchen involves a three compartment sink, and in Cobb County you have to have a grease trap. It doesn't matter if you're going to fry or not, you have to have one. (Which is a pain!) If they church let's you use their kitchen, that's great.

Personally I think that you could easily do the fall carnival, and not even think twice. (I would do it) It's going to be other parents, and teachers, and so you'll get your name out. As a "vendor" you'll have to pay for the booth, I'm assuming...I don't think it's any different from the mom's that embroider tshirts and sweatshirts and sell them...they don't have a license.

I don't however know the legalities of it...like I said, I would do it...but that doesn't mean it's legal, I guess.

Where are you in Marietta?

it is very different from doing sweatshirts. If you are producing a food product for human consumption you have a lot of very different rules.

Simply put, most states have differentiate between a hobby and a business (which requires a license). Deciding factors include volume, how much you make, whether you employ people, etc.

But again - most states also don't allow food to be sold as a hobby - you can give it away to friends and family, and you can make cakes for bake sales, etc. - but if you are selling them to total strangers in order to make money (even if you aren't making a profit on the cake), you have crossed a line.

And baking in a commercial oven isn't enough - you have to make the whole thing in an inspected commercial facility. Including decorating it.

That all said, they don't really have enough insectors to worry about every home baker out there with a small underground cake business. As long as no one gets sick or complains to the local authorities, you will likely never have a problem.

But if you get REALLY good and a local bakery starts thinking of you as compeition, they're going to complain and you'll potentially get shut down. I chatted with someone at a cake show a few months ago who had that happen.

I have heard of that too, JMT. A local bakery gets wind of you and complains, then you get shut down.

Sandy

I also have been doing research in Georgia, particularly in Cobb County in reference to a commercial kitchen. I spoke to the Cobb Cty Fire Chief some time ago, who told me I did not have to have a grease trap if all I am doing is baking cakes, cookies, pies, etc. I specifically told him that I was not going to be frying or cooking anything on top of an oven. He said if I use a gas oven as opposed to a convection oven, I can have a piece of sheet metal covering the burners and then sign an afidavit that I will not be cooking on the stove. Per the Health Dept., the Fire Chief makes the final decision. The 3 part sink, mop sink, etc. still applys. Call the Cobb Cty Fire Chief (and only him) and see what he says.