I am wanting to sell cakes out of my home, more as a hobby, not a career or business; just because I love to do them. I had never even considered the possibility of there being regulations on cakes until I came here to CC. So, I called my local health department (in oklahoma) and they told me that basically they do not allow any type of food items to be sold out of your home kitchen, unless it is licensed and that will require extensive remodeling which I cannot afford. However, I know of 2 ladies in the same county I live in who have been doing cakes out of their homes for YEARS and one lives right in the middle of town and openly advertises. Everyone knows that they do it, so how have they been getting away with it for so long? I don't want to get them in trouble, I'm just curious.
I don't know what to do now. I don't have the time or the money to jump in and do this full time to justify remodeling or building a kitchen. They also sent me some information on using a mobile unit, but I can't afford that either. But, I don't want to always be worrying about if someone is going to turn me in. 
Right now I am doing custom designed special occasion cakes for guests at my parent's bed and breakfast and I had thought about making cards up to go with those cakes. Now, I'm so worried that I might get turned in that I'm not sure if I want to do it or not, well I know I WANT to, just not sure if I should.
couldn't you get your license based off of your parents B&B? Isn't their kitchen a licensed kitchen? If so, there's your way in, you could get your license off of that.
Hi I live in Oklahoma also and i was thinking about doing the same thing. I was wondering about all of the leagal aspects of it. I am new to all of this but where i work people are always asking me to make cakes and cookies for their special occasions. I do not want to get in trouble as well. I would love to know what you found out..
I also live in Oklahoma, my instructor states what she does is when she makes a contract for cakes, she puts in it that the cake is being "donated" that the customer is paying for supplies. Not sure of exact wording but that what she told me she does. I think it just comes down to doing for friends and family. Write now I am just learning, so the couple cakes I am doing for people, I have done very cheap, that really is just for supplies and don't feel the need for any type of contract. just my 2 cents.
The strange thing is that since my parent's B&B is less than 4 guest rooms, they have absolutely no regulations as far as food preparation. They do not need a licensed kitchen. She cooks out of her regular kitchen. I just don't understand that! I mean, I am happy that they don't have to go through all the red tape and everything, but it just doesn't make sense to me that there are regulations for people like me. It's not like I would be turning out cakes all the time, MAYBE a few a month if I'm lucky.
I would think that if you are doing the cakes for the B&B guests you would fall under the same requirements as your parents. Do it in THEIR kitchen and you should be fine. Now, if you go outside that group of people....you could have problems.
I work out of my church (licensed for catering) so I am legal as long as I do that.
Beth in KY
I am in the same boat. I would love to start advertising for cakes, but don't have the start up money to remodel or add on a seperate kitchen. Cake orders are starting to pick up by word of mouth. I love cake decorating and want to make it a good business in our area but I don't want to get in trouble.
In Texas, the regulations for B&B's are that you can prepare food only for your guests. You do not need a food license, but you cannot prepare food for anyone who is not staying in your facility.
Odd, I know. But I am friends with a woman who ran a B&B for 12 years. One of her neighbors wanted to start paying her to bring over breakfast every Sunday, and she had to turn the neighbor down for fear of losing her B&B license.
The regulations are very frustrating for those of us in the "separate kitchen only" states.
Frustrating doesn't even describe it, maddening is more like it. 
I guess for now, I will just have to keep doing only for the B&B and maybe a long time from now I might be to the point where I could build a separate kitchen, but I'm not going to hold my breath. I am so down about this. My hopes and dreams just got crushed.
I also live in Oklahoma, my instructor states what she does is when she makes a contract for cakes, she puts in it that the cake is being "donated" that the customer is paying for supplies. Not sure of exact wording but that what she told me she does. I think it just comes down to doing for friends and family. Write now I am just learning, so the couple cakes I am doing for people, I have done very cheap, that really is just for supplies and don't feel the need for any type of contract. just my 2 cents.
it isn't like other people haven' thought of this. It just doesn't fly as a defense if you get caught by the health dept OR the IRS. Particularly if you don't have receipts for the cost of the supplies for each "donated" cake.
MN requires the same thing, however if you rent a certified kitchen i.e. church, and make your icings there while baking, you can then take it home and decorate it there because that is considered a craft and is legal! As long as the prep is done in a cert. kitchen you would be ok.
It really stinks.
I also live in Oklahoma, my instructor states what she does is when she makes a contract for cakes, she puts in it that the cake is being "donated" that the customer is paying for supplies. Not sure of exact wording but that what she told me she does. I think it just comes down to doing for friends and family. Write now I am just learning, so the couple cakes I am doing for people, I have done very cheap, that really is just for supplies and don't feel the need for any type of contract. just my 2 cents.
In CA I think if you take 1 cent even if it is a reimbursement for supplies that you are not legal.... stink.
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