If your not legal, your not legal and there is nothing wrong with someone turning you in whether it be competitiors, customers or just whoever. It is hard becoming legal and it takes time and money and then costs money to stay that way. It may be just cakes and cookies but breaking the law is breaking the law; they were implemented to protect us all and keep us out of harms way. Yes your kitchen maybe spotless and cleaner than the local bakery, and you may know everything there is to know about food safety etc but you are still in the wrong. You may not be hurting anyone and you maybe just starting out but its still not legal. Don't get offended its just the facts. It doesn't make it any more right if lots of other people do it, if you don't do it very often or if no one has turned you in.

So if you wanna know if she's legal, call the health dept. in your county and find out. If she's not what you chose to do with the information is up to you but if you decide to turn her in your not in the wrong.

Wouldn't, just the fact that you call the healt dept. to inquire, be for all intents & purposes, turning her in?

I mean, if I work at the health dept...
(phone rings)
"Hello, Health dept."
Caller: "Yes, I need to find out if lady selling cookies from flower shop in so & so ad is legal"
(Me checking files)
If yes, no problem
If no, then NOW Caller has notified me that lady is selling cookies at flower shop illegally & I slap her w/a fine.

True?

True!

It's a double edged sword. I think most of us started baking cakes for fun and somehow it became our lives (or a big part of). Each person's situation is different, not everyone can afford to be legal, and not everyone can afford to be illegal (I just can't picture Collette Peters working out from my kitchen). But I do remember a phrase in that movie "Cinderella Man" where the big shot tells poor Joe: "My heart is for my family. My brains and my balls are for my business". So I guess what I'm trying to say is that most of us pour our hearts into cakebaking but if you're selling for a profit, it's business ergo...it's about brains and ba...(and frostings and fillings in this case), and if you're making a profit illegally eventually it's going to come back to bite you.

I agree guerrosos...not every1 can afford to be legal and if you can't then don't do it....and by that I mean don't sell cakes illegally. If you don't have the money to go buy $300 shoes you don't go steal them...you wait til you have the money or you just don't get them at all. Convenience and lack of business etc doesn't justify doing it illegal.

I see people on the side of busy roads selling watermelons & garden veggies, candles, sunglasses & other things. I also see these people in front of Walmart selling sunglasses etc. I see people who have tons of cars in their yard & they do mechanic work on the side. I know people who cut hair for other people in their homes. I see people who mow lawns on the side. I see people who build porches & pour concret on the side. Do they have a license? NO. Do they get in trouble or have the FBI AKA Health Dept stake them out for weeks on end & harrass them? No. That is unfair. I think we cake decorator's should try & change this law. How? I don't know?? But I do know that a lot of people have to start somewhere. Why would I put my money & time into opening a business if I had only done a few cakes for family & friends? That would be a failure to begin with.

I think that if you don't advertise & that if you only do cakes for family & friends then that isn't illegal. Especially when they come to you on their own free will. To me that's none of anyone's business. I've done 1 wedding cake in the last 17 months. I'm no threat to anyone's business & I never will be. Did I say I hate it that people turn others in? I think it is unfair & tacky. We should encourage our sisters & brothers not knock them down like that. Ok I'm done. Hopefully this doesn't make anyone mad or ticked at me. If so I apologize ahead of time & I am not going to argue. I just wanted to bring some of the other things up. People do what they have to to make ends met. God love em'!

Thank You tcturtleshell!!!

Hear, Hear Turtley! I agree..... I guess I am a lil biased....I did start out ...working from my home ..I guess just long enough to see if I had what it took. I did...and got legal.

Mostly all the great cake artist have admittedly started from their home kitchen..

Double HERE HERE tcturtle. You get my vote lol I dont sell any baked goods but if someone were to ask then yes I would. I live on a fixed income as I am handicapped thus I also live in low rent housing so even if I could afford to save enough money to open a business I would then lose my pension as well as my house and if the business failed I would be on the street until I could go thru all that red tape all over again. Others may have young children and cant afford to hire a babysitter and start a bussiness at the same time. Others may only want or be physically able to only a few cakes a month. And what about single parents with no one else to rely on I dont see any of these being a threat to any legal bakers who's only job is to bake. Obviously they would make more business that us little people. BUT the extra income alot of us make could mean the difference between eating and eating a little better. Or affording $30 shoes instead of hand me downs. I dont care if it is illegal and I truly believe all those "legal" people who turn us in are just being petty and jealous. What would be your excuse for losing business if all these home bakers became legal? You'd have to adjust your prices or what you offer to stay competitve. So just think about that before you turn someone in because if they decide to then become legal your troubles will just have started. Just my thoughts on the matter.

Just cuz people do things that are illegal doesn't make it ok for them to be doing it. It's still illegal and breaking the law. If you do cakes for family and friends and not making $ thats not a problem it when you sell in TX from home that things are illegal. Don't shoot the messenger thats just the way it is. AND if my neighbor had a bunch of junk cars in their yard or their was an illegal fruit stand on the side of the road....um yeah I'd call about them.

Jealous of a home baker and being petty....ok sure if you think so. The law is the law I didn't say I agree but it is the law and it is there for a reason. Losing business to homebakers is a non issue...if they were getting enuff to make a difference they would have the $ to open a place. Its a law breaking issue...not personal so it doesn't have to be made that way. Either your running your business legally or your not.

Sorry I am a little confused did everyone read the original posters second post?

So many opinions on this subject. Just don't know where to side, I see both sides of it all. Legal is legal, but I do know people have to start somewhere.

I'm a little confused as well, ozcake. Her second post clearly stated she was NOT interested in turning her in at all. Sounds like curiosity to me. Just my two cents.

Legal or illegal, its just a cake, and if we have time to go around policing everybody else's life then we have too much time on our hands.

What, should we go around inspecting people's car seats...measure their crib slats... and make sure that cigarrette they are holding only contains tobacco?

I, for one, have enough to worry about with almost four boys, "cakes on the side", a husband, and housework, than to worry about detective work about the other bakers in town.

And yes, calling the health dept to ask if someone is legal is like calling the SPCA to see if somebody's dog has a recent vaccination tag. It equates to turning someone in.

Well, all I know is that for me personally, I don't want to spend money renting a kitchen or opening a business first and then find out that no one is interested in purchasing my cakes. Right now I'm trying to get a customer base to justify opening a business (hopefully finding a kitchen to rent). Of course to do this I have to put my little one in daycare because I can't have her in front of the TV all day waiting for me. Also, I have a house that DH and I purchased four years ago "as is" which needs a lot of TLC and I have two school aged children who have baseball games and practice and Brownies and parties, etc.

If I'm going to throw myself and my time into something, I've got to make sure it's something that is a possible money making activity. Lord knows I've already spent hundreds of dollars on this little hobby of mine, so now if I want to recoup some of my losses I'm darn well going to try to begin making a profit on the cakes I am making in my kitchen before I begin paying someone rent on top of it all!

Well I agree it is wrong to not be legal. However, I also agree that it is almost impossible for some states to be able to bake out of your home and many people can't do that. So to me I fully understand those who take the risk and work from home.

But it is a risk. There will always be the people who get their kicks out of feeling like they are better then others and will turn in the home baker who is just trying to make a little extra cash here and there and not really have a full blown business.

I think it is wrong to turn others in. I for one would much rather see everyone selling stuff from the side of the road or working on cars at their home or baking cakes and cookies without a license then to be standing on the street corner begging for money, at the welfare office or living on the streets.

Turning someone in is just mean in my eyes. If it's not hurting you then butt out! You don't know what that family is like. You don't know if the extra money is to buy food, medicine, saving a life or not. It does not hurt you so why do you care and feel the need to cause harm to someone?

Kitagrl & Sugar_Plum_Fairy I completely & totally agree with you guys!!

I'm sure I'm not saying anything new when I say can't we all just agree to disagree? There are two kinds of people in this world - those who see things in black and white and others who see things in shades of gray. Each side will quietly (or loudly) disapprove of the other....... yes, either you are legal or illegal. But people in glass houses shouldn't throw stones, and let's face it ~ we ALL live in glass houses! No one is perfect - no one lives their lives without EVER making mistakes, doing something that is wrong or illegal - no matter how 'minor' the infraction may be interpretted.

IMHO, if you say you do then you are not being 100% truthful - with us or yourself. There are famous (and I mean famous) cake decorators who started making them illegally - it's a fact. I find it unbelievable that someone can open a bakery yet staunchly claim to have not collected a penny for their cakes until they were legal and licensed...... I feel strongly that they are full of crappola

I do, however, see both sides ~ the difficulty and expense of getting 'legal' and the frustration of going thru all that hassle only to have the lady down the street who sells cakes from her garage undercutting your prices. It is a personal decision if you want to turn them in. I would rather have a root canal then rat someone out so I would never do it. HOWEVER!!!! I am not the one paying overhead and losing business..........(but I still wouldn't do it ). I do, however, grudgingly accept the fact that the legals have every right to turn the homebaker in ~ that is also a fact.

So this will never be settled - it will always be a CC bone of contention and will potentially end up locked because of the strong feelings on both sides......let's change the subject, shall we? Are cakes made with box cake mix considered home made? ok, I'm just kidding......I swear!

I dunno, stuff annoying happens alot...like the people who find out what the big seller toys are gonna be for the year...buy out the stores until Thanksgiving....and then wait until December and scalp them on Ebay for a huge profit when there's nothing left in the stores. Ebay is great but I get irritated sometimes when gung ho Ebayers go clear out stores so that some of us moms who just want a few things miss out. haha. (That's why I'm learning to shop REAL early).

My point being... people are just irritating sometimes... but its really no reason to rat them out unless they are posing a physical danger to you or your family.

Just wanted to add my 2 cents in on this post. I've been doing cakes for a little over 29 years.....started out working from my home kitchen. The rules and regulations all changed in our area about 15 years ago and I knew if I wanted to keep my cake business....I went legal. I know many can't afford to take out a loan, etc....and they do have to start somewhere....making for family and friends and then as it begins to grow....you can make the decision if it's the thing to step in to. I would never turn another cake decorator in to the health dept....which I know of about 4 right now around my area that are not set up legal. Still...I know how hard it is to make a go and decide if you want to move to becoming legal. However....just to add to the situation....a few months ago I had a bride to be come to my shop with her mother for a cake tasting and picking out her wedding cake. As I finish up the tasting and we're writing down her order for the cake....her mother steps around my counter and goes looking back in my baking area....actually peeking. She makes the comment about how nice it is that I have a seperate kitchen and set up to be able to do the cakes and still be there next to my house. I kind of smiled and said....yes, and it's nice to be legal. The bride to be looks up and she said....I'M GLAD YOU'RE LEGAL TOO....I'M ONE OF THE NEW HEALTH INSPECTORS IN THE COUNTY!!!!!! I know I had to have a look on my face....and she grinned and said they had just checked on another ladies house and she wasn't legal!!!! So I know it can be a bad situation for those who can't be set up legal right now, but just wanted to share that anyone can make a call or check with the local health depts....to see if you are legal or not....and it's a risk that we have to take in starting out doing cakes from our homes. I just wish everyone luck in at least trying it out and seeing if it can turn into being legal one day and at the rate the rules keep changing....I know it will become harder and harder to have a home-based food service at all.

I'm going to try to avoid all the other topics going on in this thread and try to go back to the orrigional question. In my state you can go to the dept. of Bus. website and do a fictitious name search. Just look up the lady's business name. If it is regestered, you'll be able to tell, and no one will know you were checking.

And cakediva...thats hilarious!!!!....WOOOHOOOO!

I am going back to the topic at hand as well....you CANNOT get home licensed in Alabama....which really is a pain. But I know some states can like Ohio etc. I know once here in Bama before I was legal...I went to the local Health Dept...and was trying to find the proper channels...and a lady there told me.."just do it from home..everyone else does"!

I was told that too. Frankly they didn't understand why on earth I was trying to get legal.