California Laws

Business By domestic_diva Updated 20 Jul 2007 , 8:13am by shifty

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domestic_diva Posted 14 Jul 2007 , 10:24pm
post #1 of 5

Okay can someone help me with California laws for having a cake decorating business?
What I've gathered from the forum is that you must bake the cakes in a structure that is not connected to your living space.

Is this for any cakes I make a profit from?
It's a side business, I make like 5 cakes a month.
And I'm still learning so I don't make that much anyways.
So does that even count as a business?

And I've been to the California Secretary of State website...
I'm sure the answers I'm looking for are SOMEWHERE on that
site but seeing as I've never owned a business or anything before
I'm kind of well....

I'm LOST I'll admit it.

4 replies
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Jeffsgal Posted 15 Jul 2007 , 5:07am
post #2 of 5

Domestic Diva......thanks for asking this question.
I've been wondering this as well.

I just don't have a clue where to start.
I've been reading experiences of others on this site, and it seems so daunting!

While I don't have your answer, I hope to gain from the replys.

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Fairytale Posted 15 Jul 2007 , 5:26am
post #3 of 5

They don't take into consideration the number of cakes you do. The problem has to do with access by the public health department. They cannot go into a private residence for inspection. Also, they have tons of regulations, including having stainless steel counters, etc. The other consideration is getting a business license. Residential areas have lots of restrictions.

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CakeDiva73 Posted 16 Jul 2007 , 6:47pm
post #4 of 5

I am in central CA and have checked high and low - under no circumstances will a food based business be operated from a residence. I checked into converting the garage into a commercial kitchen, re-constructing my kitchen to meet regulations, etc. and the county said no way.

To my knowledge, the only way to get 'legal' (short of having a store-front, of course) was to rent kitchen space. The place you rent space from would need to sign-off from the health dep't that that is where you do your baking and I think you still have to get certified in some sort of food prep/handling class.

There is a whole slew of opinions here on legal vs. not. What it comes down to is any cake you sell from your home is considered illegal - regardless of how many you make, etc. It's just a personal decision as to whether you want to chance it.......some people are vindictive and if you are cutting into someone else's business (even if they are an illegal too) they can annonymously report you.

I have been trying to get legal for the past 6 months and will continue to do so until I am. In the interum, I am doing some cakes.....if I get 'caught', that is a risk I will have to take. I would feel far more comfortable being legal and am taking steps to do so....I guess that takes away a bit of my guilt/etc. but what it comes down to is this - I really want to focus on this business and advertise and I can't very well do that illegally so I am trying to figure out a way but it is much harder then it sounds..... some people get lucky and the perfect situation drops in their lap icon_smile.gif

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shifty Posted 20 Jul 2007 , 8:13am
post #5 of 5

A lot of other states do not have these strict rules, I wonder why California has such rules and regulations. Wouldnt it be nice to just go ahead and put a kitchen in your home or attached?
Sorry that didnt really help you at all did it LOL I hope you find the answers you are looking for.

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