How Many Of You Are Actually Legal?
Decorating By puzzlegut Updated 24 Jul 2006 , 2:34pm by yukisaru
Wow, I didn't realize my question would have created so much controversy! My question wasn't meant to "out" anybody. I just curious how many people have taken the legal steps to sell cakes legally.
I'm a little frustrated that other people who create crafts are able to sell them without any problems. Whether it's people who do woodwork or stainglass and they sell them at craft shows and whatnot, they can do it without problems, but if someone wants to sell baked goods in the same manner, then you have to be licensed do to so. It's like an unfair double standard. I can understand why there requirements for selling food, but still, it makes it so difficult for people like us to do something that we like to do and be compensated for it.
Its because no one is eating crafts. The laws are ultimately there to protect people from unsanitary conditions where our food is prepared...now I've been in places where I think they forgot to inspect cuz yuck but that is the purpose of the laws to keep us safe from unhealthy food.
Legal......Hmmmmm....Let me see......The answer is...... NO!!!!
I am not legally blonde....I just wish I was sometimes. 
Seriously we don't have to worry about being legal yet, we are both so new to this craft that people are still kind to us when they compliment my decorating, or the taste of DD cakes. Thats why we make a great team. 
yep...i have found that the only way to be legal in Texas/Travis county is to have a commercial kitchen......bummer!
If I read the regs correctly, in Texas, you can prepare food for public consumption if the food will be donated....like a bake sale....for charity or churches.
OK...so, create your own non-profit that benefits poor starving bakers and cake decorators, have a bake sale where all the proceeds go to the non-profit....hahaha...just kidding!!!!!! I am only KIDDING!!!!
But at least I am cool and dry 
jk
I've been selling cakes for a little more than a year now, and it was growing too fast!! So I had to get legal. I thought it was too complicated here in Quebec/Canda, but I only had to get a license from the Town Hall to operate a business from home, and I decided to get registred with the government so I can deduct electricity and other fees... I got legal in April of this year, and now I can publicize like I want.
hth
Hey, Yukisaru....hubby and I are going to Denver next week to visit some friends and do a little motorcyle riding in the mountains. We are even thinking about moving there.....maybe.
Anyway, I went to the Texas Dept of Health website and found this in the FAQ's section.
Q. Can my private residence be licensed as a food manufacturer/wholesaler?
A. As long as manufacturing or holding of foods for distribution are not conducted in room used as living or sleeping quarters. All food manufacturing and storage must be seperated from any living or sleeping quarters by complete partitioning.
So, does this mean we can legally manufacture cakes???? I don't understand.
And what about all the food vendors that sell food from a truck/van. There is a family in my neighborhood that sells breakfast tacos from a truck and I know that they make the tacos in their own kitchen.
sounds to me that as long as the kitchen is seperated by walls then it would be legal to do that. That is unless you sleep or live in your kitchen all the time. But then sometimes that legal stuff is confusing but surely they dont classify you as living in your kitchen right?
What that means, I believe, is if you were to transform your garage into a kitchen, it is separate from your living quarters. Of course you couldn't park your cars in there, nor could hubby keep his tools, etc, but you can always build a partition wall. State vary as far as what is required in the legal kitchen (mop sink, triple sink, metal wall around stove, etc. ) so you would have to check all that out to be sure. I saw a pic on here of a woman who did her garage into a kitchen. It looked awesome! My man won't give up his tool space, though. Darn!
Ummmm. Uhhhhh. Whoa! Beavis! She said, "legal!"
I've been with the dep't for 18 years, and I've never heard of anyone getting "busted" for decorating/selling their cakes.
--Knox--
my husband said the SAME thing.....
So as long as you don't get "busted" then its ok to do illegal stuff. OK.
Earlene Moore got in trouble many years ago. She talks about it on her website.
I don't know how updated this is, but here are a few things about TX:
http://www.tdh.state.tx.us/bfds/lic/ViolationTrends.htm
http://www.tdh.state.tx.us/bfds/lic/Licensing.htm
did ya'll notice that Penny's Pstries was on the list for not having a license? I think this is the same person the gave a cookie decorating demo at the bake show in Austin a few months ago.
Puzzlegut - I, too, am in Michigan, and have stressed over the whole accepting money thing. Everyone that orders (asks me to bake) a cake from me knows that it is my hobby. I basically charge them what it takes to cover my costs, and most people add to that, which I accept as a "thank you" from them. I am using this time to build up my skills and client list for my "Someday whn I have a small business license and kitchen."
So as long as you don't get "busted" then its ok to do illegal stuff. OK. .
just by reading I get that a lot of decoraters want to work to get the license and get legal....I dont think its that they set out to stay illegal.....
I got into this question from a friend of mine who actually has a license in a street market kind of operation..she asked me why I didn't advertise and I told her because of having to have a separate kitchen, sink, being inspected, etc. she then said she would contact the health dpt. which she did, she got in touch with someone at the health dpt. told them my story and they said that I was considered a "Cottage Home Producer" and therefore was exempt from being inspected. She gave me information on the regulations for being a CHP, and one of them was you have a residential oven, and fix your food items in your kitchen..the only requirement that would make me liable for a different title is if I did food items that required refrigeration..and since I do only cookies and cakes, no cheesecakes or cream pies..I was in the definition of an CHP..Please everyone, check your particular counties where you live to see into this "Cottage Home Producer" status, it might clear up alot of misunderstanding, happy icing, C.
Hey, Yukisaru....hubby and I are going to Denver next week to visit some friends and do a little motorcyle riding in the mountains. We are even thinking about moving there.....maybe.
Anyway, I went to the Texas Dept of Health website and found this in the FAQ's section.
Q. Can my private residence be licensed as a food manufacturer/wholesaler?
A. As long as manufacturing or holding of foods for distribution are not conducted in room used as living or sleeping quarters. All food manufacturing and storage must be seperated from any living or sleeping quarters by complete partitioning.
So, does this mean we can legally manufacture cakes???? I don't understand.
You need to bake in a facility other than your home- ie; detatched garage converted into a kitchen or something along those lines. And then to make it legal, the Health Dept needs to inspect it and license the facility (if not already licensed) or provide you with a permit licensing you to use the pre-licensed facility (ie- restaraunt, church, etc.)
And what about all the food vendors that sell food from a truck/van. There is a family in my neighborhood that sells breakfast tacos from a truck and I know that they make the tacos in their own kitchen.
Dont even get me started on that girlfriend!
Hey, Yukisaru....hubby and I are going to Denver next week to visit some friends and do a little motorcyle riding in the mountains. We are even thinking about moving there.....maybe.
Anyway, I went to the Texas Dept of Health website and found this in the FAQ's section.
Q. Can my private residence be licensed as a food manufacturer/wholesaler?
A. As long as manufacturing or holding of foods for distribution are not conducted in room used as living or sleeping quarters. All food manufacturing and storage must be seperated from any living or sleeping quarters by complete partitioning.
So, does this mean we can legally manufacture cakes???? I don't understand.
And what about all the food vendors that sell food from a truck/van. There is a family in my neighborhood that sells breakfast tacos from a truck and I know that they make the tacos in their own kitchen.
This rule depends on the county you live in, I am in Douglas county and they do not allow it at all, I am calling them on Monday to get more information. I also have a HOA 
I live in highlands ranch just south of Denver, it is a nice place to live, expensive but if you can pull it off nice. The Douglas county # is (303)220-9200 and the person to speak with is Valera I do not know the Denver # but she should know it. Also if you want to go some place nice Breckenridge is a really nice small town to visit. It is cool there so you might need a coat. Just make sure while you are here to drink a lot of water, you will not feel thirsty but because it is very dry your body loses it quicker and bring lotion too, you will need it. I hope you enjoy your visit, just make sure before you move here you have a solid plan, when I moved hear we had a hard time since it is expensive anywhere you live, I wont go back for anything but it can be difficult.
What that means, I believe, is if you were to transform your garage into a kitchen, it is separate from your living quarters. Of course you couldn't park your cars in there, nor could hubby keep his tools, etc, but you can always build a partition wall. State vary as far as what is required in the legal kitchen (mop sink, triple sink, metal wall around stove, etc. ) so you would have to check all that out to be sure. I saw a pic on here of a woman who did her garage into a kitchen. It looked awesome! My man won't give up his tool space, though. Darn!
most houses in Colorado have a bacement the size of the house or at least half and I would transform mine if I was able to.
A basement is a great idea.
I'm legal! I bake in a local sandwich shop in the evenings when they are closed. I live in a county with a very over zealous health inspector, so I wasn't willing to risk it for very long. Plus I really wanted to advertise. I'm no good at keeping secrets anyways. LOL
Seems like such a hassle!! But I can understand all the regs.......guess you want to be sure that all the food is safe to eat, etc. Maybe I should look into renting the kitchen at my church.
Thanks for the tips about Denver. We'll know more about moving after our visit. Hubby will also be 'investigating' a job offer. But I think, if we do decide to move, it won't be until next year.....yeah, housing is expensive!
I too, would love to know how much "rent" you pay to use a licensed kitchen!
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