I work work from my home kitchen making cakes for people through friends and word of mouth. I am not lisenced at all. So that being said I have a question. There are two local businesses they are both party places. One is a place that actually has parties and the other is a party supply store. They have both seen my cakes and love them. They are interested in doing business with me and getting my cakes for thier clients. BUT since I am not liscensed can this work? Is there a way around the legalities to make it work. Thanks for any help!
I'm not sure but just a little piece of advice...If they are going to profit off of you are they really going to want to pay what you ask for? They have to profit somehow or would you give them a wholesale price? Doesn't sound like a deal for you more like a deal for them . That's what I would think. I would never no matter how desperate let anyone take credit for my cakes and they are not that great.
Unfortunately, in Texas there is no "way around" any of the food safety laws. Food for sale must be prepared in a licensed kitchen. So if you could find a kitchen to rent, you would be free to sell your cakes to these party places. Check with large churches, mom and pop restaurants, bakeries that are only open in the mornings, etc. Being licensed opens doors to all sorts of opportunities!
My partner and I just finished a Food Safety Course and the local inspector for the PA Dept of Health came to talked to us. He was very nice and said they are not there to shut down the home baker, just to make sure we are operating safely for the health of others. They don't go on the websites looking for people, but he did tell us that he goes to all the local fairs and functions in the area. You must be licensed to sell anything to the public. I don't know what the rules are in Texas, but he told us as long as everything for the business is stored separate from you household items, and you don't prepare anything for personal use while cooking and you don't make anything that would have to be in the frig when it is done, you can be licensed in your home. When you prepare anything that needs to be in the frig you must have a separate kitchen with a commercial frig. They will come out and inspect you and they just drop in whenever they want. You still must meet all the guidelines. Good luck with that.
Pennsylvania sounds like a very reasonable state for home bakers to live in. 
Unfortunately, I have researched Texas laws exhaustively (trying to find some way to do this from home -- I too have a small child) and you cannot sell anything made in your residential kitchen. This is directly from my county health department rep:
According to the Texas Food Establishment Rules (TFER), 229.167(d)(10), A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations. Therefore, we will not license the kitchen in your home for a catering business. If you use a room attached to your home as a kitchen for use in serving the public, it must have a solid wall to separate it from the rest of the house. You must also have an outside entrance so that we do not have to enter the home to inspect the kitchen. The kitchen used for catering may not be used by those not involved in the catering business to prepare food for personal consumption. It is illegal, according to state law, the Williamson County Food Order, and all city ordinances in Williamson County to conduct ANY food operation out of your home kitchen. There is no special permit for bakeries, they must qualify under the same rules as a restaurant. Please contact me if you have further questions.
I'm sorry to be the bearer of bad news. 
2yummy, thats why i went the route i did. but i still wouldn;t sell to someone to resell, that requires labeling, nutrition facts etc.
We started out in the home and only sold to friends & family to cover coasts. Then we desided to make it a real business. You can do the same but in most areas yes you must be licenced...... see the texas note.
I recently had another decorator ask me about starting a business, the letter I wrote to her is below. I think you are just wanting to have fun making a couple cakes here & there but if you have any ideas about becoming licenced consider the following;
To get to the point I have been working at my business for 8 years..... first as a wedding planner so that gave me insight to the business of weddings. Then long story short we decided that planning was too much work, stress & time to be a truly happy & profitable business carer. In 2006 we dropped the planning and catering and went strictly cake. those other two things paid the bills (along with a part time job) until the fall of 2006, yes 7 1/2 years of making myself completely worn out and married to the business! My husband is very supportive but we knew that it was a long road.
If I had to do it over again I would get a loan and take 15 years to pay it off and start with what I am doing now. There is no simple answer to the how do you build the business question. You have to decide through your business plan what you wan to be when you grow up. You must have a business plan...... I could go on for hours about why you must have a business plan but look at what happened to that little cafe...... no plan to pay bills, employees, and stay in business even when you are losing money!!!!!
A traditional bakery is supposed to have 5 years of life before turning a true profit. That means your plan must cover all expenses for 5 years. That is a huge loan, as much as a little house. A cakery I have found will take 3 years on it's own to turn a profit the way you are planning. You must ask yourself to you want to make cakes or run a business? If it's cakes you love and not paperwork I would highly recommend working in a true bakery such as Edgewood to see what they do right, gain experience. Then if you still want to run a cake bisness you must be a people person comfortable with clients from all walks of life.
Understand that being in business for yourself will not solve the cooperate world issues. You gain a true sense of freedom but you are still beholden to your customers.... emotionally driven customers. Wedding businesses are rewarding but at the same time stressful. Each customer is choosing a cake from their dreams, heart and imagination therefore they take everything personally. You must be able to deal with these issues and be a diplomat. If you have ever dealt with an irate customer in the cooperate world now imagine you are the only person to "blame" when something goes wrong at their wedding!!!!!
I hope this doesn't scare you, but open your eyes to the reality of what you think you want. I wouldn't choose any other job (except European hotel reviewer) and I love what I do but it is real work in the small business world. There is no real guide to what I do and I had to work very hard to research, do things wrong and learn what I know. It isn't a book you can buy or a class you can take but what you know you want and are capable of that drives a dream.
There is so much to learn and someone like me (who has just made it over the mountain) still doesn't have all the answers. I can't share all my experience with you but hopefully you have a better understanding of what you are facing. Many cakeries fail because the owners think it's as simple as placing an ad, baking a great cake having talent to design, grace to work with difficult customers and great love for what you do!
It also takes a great plan, you can never have the best plan but it is the only thing that will keep you from falling.
Thanks for all the info weddingbymindy. You are correct right now I am just looking at making cakes here and there. My hubby is in school and we will be moving around until he is done. Maybe when we get settled and he is done with school then I will maybe look at doing what sweetcakes has done and put a kitchen in my home or opening my own place.
hey mindy, you seem to know what you are talking about so i want to ask you a question. my MIL owns a small cafe. since i am basically wanting to do like 2yummy do you think it would be ok to do it out of the kitchen at the cafe. she is state licensed, i should be able to get licensed through her cafe shouldnt I???? this is all so confusing. i love baking and decorating cakes but i dont want to get into trouble over it.
ladyhitman18 - you seem to be in a very fortunate position!! 
Yes, you can be legal baking out of a licensed cafe. Your MIL may even allow you to work under her food purveyor's license and insurance. Talk to your MIL and call her county health department rep to see what all you need. Good luck! 
oh that is so good to know. i think i will start making some phone calls tomorrow to check all this out. that would sure save me alot of money and trouble. that way if for some reason, and i hope not, this doesnt work out for me i wont be out alot of money. she has been encouraging me to sell cakes and now i am starting to think with a little bit of leg work and more practice i just might be able to pull it off.
WeddingsbyMindy
I loved your post! I am a newly divorcee. After 25 years of marriage and being a stay at home mom(and with two kids in college) I was scared to death.
Cake decorating was all I knew. I also knew two things. One I loved it and two I could deal with people. I took 25,000 out of my equity and built a commercial kittchen on my property next to my house.
I have been in business for a year now. I can see that it is going to take a few years to build up my business---but I can see it happening. I am glad I spent the money on the kitchen because when you have to make it a true business it's a nice way to go. No rent, no leases,overheard much lower. My only problem is getting my name out there and I can see that is where it's going to take some time. In the mean time. I just keep trying all I can to learn more and have taken a part-time job to make ends meet.
Dealing with people in the wedding world can be very stressful, but there is always this feeling afterwards of accomplishment ( like whew we did it!)
I think if you truly love it, wether you work out of your home or are legal, if you just keep putting one foot in front of the other it will lead you somewhere.
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