Loop Hole To Being Illegal?

Lounge By CharmingConfections Updated 12 Apr 2008 , 2:21pm by MrsMissey

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AKA_cupcakeshoppe Posted 11 Apr 2008 , 8:59am
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hmmm am loving this thread icon_smile.gif

i am catholic and yet i, too, support gay marriage. LOL

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jennbryanfrank Posted 11 Apr 2008 , 12:02pm
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I have read through this entire post, and i have to say that I don't believe I will be visitng this site as much as I thought I would when I first joined. I found this site by web search looking for ideas for a cake for someone. I am just now taking course 3 and Friends and Family are already wanting me to make them cakes. Yes Most of them pay me. But being that I started taking the courses for fun I had no idea of the laws or any of this until reading it on this site. Once I read it I asked my teacher about it and now I will just be doing for family and friends and if they pay me great. My husband and I are going through a bankruptcy, have lost our house, and are lliving on one income, because with the way the world is today we do not want our child in daycare, so I stay home. I do computer work for companies online and that is the income I bring in. Cakes and cookies are my fun, and I simply thought if people feel I do a good enough job to give me money well that just helps us. There is no way in the world I can pay all the fees to open a business being that we can not even get any type of loan for the next 5 years. I believe that the original questions, was one that could have been answered once and in a very nice manner. Many on here were very nice and informative. But there are also many that are just rude and out to get someone. I thought this would be a site for a common interest and everyone would be helpful and just love talking to others about decorating. Not a site for judging and hurting others. People do what they have to sometimes. And sometimes some have no clue about all the legal stuff when it comes to things. We all need to think about others when we say things. I am sorry if I make anyone mad, and I am sorry I didnt find a site I thought I found. Good Luck to all of you!

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springlakecake Posted 11 Apr 2008 , 12:53pm
post #153 of 237

I am trying to remain neutral here as I understand where both sides are coming from. As I said earlier, I have taken money for cakes (baked at home) but I try to seriously limit who they go to (friends, family) and I try to make as many freebies as I can to practice. But I do want to do this right and have a legal business. Just want everyone to know my position first...

But unfortunatley we can't do what we have to do/want to do just because we can't afford it. This may be overly simplistic but I can't just practice medicine because I am pretty good at it but I cant afford school. I cant just be a teacher because I am good with kids, but can't find the time to go and get a degree. I don't mean to be sarcastic about it. I know it isnt the SAME thing. I know it is JUST CAKE, but I am just trying to make a point.

I don't think anyone is terribly mad about the occasional cake sold to a friend or people taking money from family for supplies. I think it is more about those folks generating a lot of sales (weddings etc) under the radar. It really just isnt fair to those who have legal businesses. I think there comes a point at which a person needs to decide if they are going to keep this as a hobby or to take it to the next level and start a business. I know that a person is likely not going to have a 1 wilton class under their belt and say "Hey I want to start a cake business and here is my 20K start up money!"

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kbrown99 Posted 11 Apr 2008 , 12:55pm
post #154 of 237

Just thought I would let you all know that I called my Department of Agriculture yesterday to find out about baking and being reimbursed for the ingredients. Although my state does not have a cottage industry law (it failed in the legislature this year), the director of the department in charge of licensing bakeries and all that jazz said that it is perfectly acceptable to bake for someone and be reimbursed for the ingredients or have the person buy the ingredients. So technically, it may be a business transaction as defined by some on here, but it's not illegal, at least not in Wyoming. Before deciding that you can't even do cakes for reimbursement of expense (still can't do for profit), I would check with your local licensing agency. I hope that helps and gives hope.

It is truly a hobby for me. I believe turning into a business would lead me to not enjoying it anymore. Having said that, I can't constantly afford to just give stuff away so I'm glad that I can be reimbursed for a cake. In addition, as far as ruining the industry by my "hobby baking", I started decorating because I enjoy it and I thought my kids deserved to have fun cakes even when I couldn't afford $50 or more for a birthday cake. A friend made my wedding cake. My aunt did my wedding flowers (a hobby) and my mom's friend did the catering. So I'm sorry that I didn't spend all that money to the vendors and I'm ruining the industries because I didn't choose to spend hundreds of dollars to local shops. I wanted a nice wedding and that's how I can afford it. I don't think I should have to apologize for ruining an industry because I let my family and friends help.

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springlakecake Posted 11 Apr 2008 , 1:01pm
post #155 of 237

I dont think people think you are ruining the businesses by doing things yourself for your own wedding. Or for someone elses wedding as a gift for that matter.

It is people selling goods as if they were a legal business that is the problem.

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FromScratch Posted 11 Apr 2008 , 1:40pm
post #156 of 237

Stomping off saying that you aren't going to come to the site because you don't like this thread is just silly to me. If you don't like the thread.. don't read it. You have the choice to not read things that you don't want to. This site is a wealth of knowledge and experience and you can't fault the whole site for a few threads that get a little heated.. and this thread is far from being what I would consider heated.

The only way we learn is to come out of our comfort zone. The meat and bones of this thread are very informative. Many people don't even realize that selling cakes from their home could be illegal in their state and reading things like this could save them from fines and lawsuits in the future. We are a group of passionate artists and we're not going to get along and put flowers in each other's hair all the time.. the beauty is that everything works out in the end and people do learn new things.. even if those new things are that they are operating an illegal business.

I just hate the drama of the "you guys are mean and I don't want to play" posts. Most of this thread is quite tame. You should read some of the scratch vs box mix cakes threads. icon_wink.gif

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FlowerGirlMN Posted 11 Apr 2008 , 1:46pm
post #157 of 237

Oh good lord. No one cares if anyone gets reimbursed for ingredients to keep their hobby going. The arguments here have never been about that.

It's when a person starts doing their cakes for *profit*, expanding beyond their immediate circle of friends / family. Referrals, etc etc. "hey, I know someone up the road who will do your cake cheaper than the stores!".

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FromScratch Posted 11 Apr 2008 , 4:02pm
post #158 of 237

BINGO!! FlowerGirlMN said it perfect.. I

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step0nmi Posted 11 Apr 2008 , 4:11pm
post #159 of 237

FlowergirlMN said:
"It's when a person starts doing their cakes for *profit*, expanding beyond their immediate circle of friends / family. Referrals, etc etc. "hey, I know someone up the road who will do your cake cheaper than the stores!".

What about if NO one in your area does what you do!!?? I know it's still not legal but like I said...I charge WAY more than the bakeries and I don't have anyone beating down MY door! Would you rather me GIVE UP what I love to do OR quit full-time school!? I am NOT stealing business from anyone! Actually, I had a woman that was in business for over 30 years try to USE me! Now "I" am the one with a bitter taste in my mouth. What am I suppose to do about that!?

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TxBlonde Posted 11 Apr 2008 , 4:20pm
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Well I think this post is just getting too funny... It's like crack and I just can't quit! Keep the comments coming because i'm getting a really good laugh. Thanks for all the info! I'll just cuddle up over here with my coffee and see if I have an episode of Oprah tivoed....

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FlowerGirlMN Posted 11 Apr 2008 , 4:20pm
post #161 of 237

I think you should find an hourly kitchen rental and get legal. It's NOT that much work, it's not that expensive.

If selling cakes is what you love doing (as opposed to just making them without regard to profitting from it), then isn't the pursuit worth doing it right / doing the right thing?

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FromScratch Posted 11 Apr 2008 , 4:25pm
post #162 of 237

It's tough Steph.. I completely understand where you are coming from. No one would suggest you give up school. Are there any kitchens around you that you could use? Only you can decide what you should do. At the end of the day.. if you are happy then nothing anyone could say should matter.

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CakeMommyTX Posted 11 Apr 2008 , 4:29pm
post #163 of 237

Kinda off topic.... I see people all the time selling fresh caught gulf shrimp out of the back of there trucks on the side of the road, do you think they need a permit or liscense?
Its not prepared and as far as I know its live, but they do sell it to be prepared as food, do they have different rules then others?

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TxBlonde Posted 11 Apr 2008 , 4:32pm
post #164 of 237
Quote:
Originally Posted by yourstrulytx

Kinda off topic.... I see people all the time selling fresh caught gulf shrimp out of the back of there trucks on the side of the road, do you think they need a permit or liscense?
Its not prepared and as far as I know its live, but they do sell it to be prepared as food, do they have different rules then others?




That's an awesome question! I'm always a bit nervous about buying shrimp from those people. What about the taqueria's? There are a bunch of those in Houston!

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peacockplace Posted 11 Apr 2008 , 4:40pm
post #165 of 237

In FL, if you sell food you must have a license to do it, even on the side of the road. I've had inspectors tell me that they go to local festivals looking for food vendor that aren't legal. As for selling food on the side of the road, if you get caught there would be a fine.

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Batter-UpBakery Posted 11 Apr 2008 , 4:42pm
post #166 of 237

TxBlonde im with you. I have no opinion on this thread, but I can't seem to stay away from it. I just HAVE to keep coming back. I told DH this thread was crazy and he said so was i for reading it lol. Oh well.

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CakeMommyTX Posted 11 Apr 2008 , 4:55pm
post #167 of 237

Ya you can't drive down a street in Houston with out passing a taco stand or some old guy selling shrimp out of his pick up!!
I've eaten at taco stands before and got some really good tacos!!
But I won't buy the shrimp, anyone who has ever been to Galveston and seen the guys with nets pulling crap out of the brown water knows not to buy that stuff!

Oh by the way I'm from Houston too, don't you just love the humidity, its great for your hair!

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daisy114 Posted 11 Apr 2008 , 5:00pm
post #168 of 237

[quote="FlowerGirlMN"]I think you should find an hourly kitchen rental and get legal. It's NOT that much work, it's not that expensive.]

I'm sorry but I totally disagree with that statement. It's not as easy as you think to find a kitchen to rent. I've tried over forty places in my area and no one is willing to rent. And for the kitchens I've found very far from my house, they are VERY expensive. Especially if you only get a couple of cake orders a month.

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TxBlonde Posted 11 Apr 2008 , 5:03pm
post #169 of 237
Quote:
Originally Posted by yourstrulytx

Ya you can't drive down a street in Houston with out passing a taco stand or some old guy selling shrimp out of his pick up!!
I've eaten at taco stands before and got some really good tacos!!
But I won't buy the shrimp, anyone who has ever been to Galveston and seen the guys with nets pulling crap out of the brown water knows not to buy that stuff!

Oh by the way I'm from Houston too, don't you just love the humidity, its great for your hair!




Yeah I have had some pretty tasty tacos at those places too! Curious about what I ate but... Oh well didn't kill me! heheh Yeah it sure seems appetizing when you think about where the shrimp come from! Makes my stomach turn just thinking about it!

You gotta love the humidity, brand new type of frizz, almost everyday! Where abouts are you from in H-town?
____________________________________________
Oh and ladyhitman18 I know right! I just can't help myself. I see that you are from Hardin. My cousin's future wife is from there. Where is it exactly? I know you are loving the humidity as well!

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FlowerGirlMN Posted 11 Apr 2008 , 5:07pm
post #170 of 237

You know, anyone can come up with a million reasons why they CAN'T do this, or CAN'T do that.. but if you have a goal (a BUSINESS), you need to suck it up, do what needs to be done, and just get it done right. If you can't make it work, you can't make it work.. but that doesn't give anyone the right to bend / break the rules to fit their desires.

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CakeMommyTX Posted 11 Apr 2008 , 5:13pm
post #171 of 237

I'm in Katy right now but we are about to move to the Klein/Champions area, where are you?

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TxBlonde Posted 11 Apr 2008 , 5:19pm
post #172 of 237

I live close to Baytown if you know where that is. If you don't know where that is, it is on the opposite side of Houston from Katy.

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jen1977 Posted 11 Apr 2008 , 5:20pm
post #173 of 237

I've been following this thread since it started, and wasn't going to comment, BUT the rudeness and hoity toity attitudes in this thread toward other members makes me sick. Just because you are licensed doesn't make you any better than someone who isn't. Some keep saying it isn't that hard, it doesn't cost that much, yadda yadda, yadda, but that may just be in YOUR state. I'm lucky to be in Ohio, but others aren't so lucky! In some states, it MAY cost a ton and be difficult to be legal. Lots of people look for licensed kitchens, and can't find one that is affordable. I'm sure $20 an hour isn't the norm in a lot of places! Sometimes, it really does take more than determination to get a business going. Lots of people don't have the money since it would be thousands! I think it's time to start dogging each other, and really just drop it. The uppity attitudes of licensed bakers toward unlicensed bakers is awful! Some keep saying that the unlicensed takes business from the licensed....if you were in a state like Ohio that has cottage laws, anyone who takes course 1 and decides to sell a cake could be taking your business. I really think there's enough business to go around!

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springlakecake Posted 11 Apr 2008 , 5:19pm
post #174 of 237

Well every person has their own set of circumstances. What is too hard or too expensive for one person isnt for another. But if it is too hard, it doesnt necessarily give a person the right to just do whatever they want.

I totally empathize with the home baker because the laws dont make it easy for a person to get into this business. But it is what it is.

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jen1977 Posted 11 Apr 2008 , 5:25pm
post #175 of 237
Quote:
Originally Posted by merissa


I totally empathize with the home baker because the laws dont make it easy for a person to get into this business. But it is what it is.





I agree!

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maryjsgirl Posted 11 Apr 2008 , 5:28pm
post #176 of 237

How come any time there is a serious discussion where people disagree people want to pack up and go home? Every time there is one of these threads you have the "I am just not going to come here anymore" people that make things way worse than the actual people participating in the discussion. You are going to leave or stop participating due to ONE thread amongst the THOUSANDS and THOUSANDS of friendly discussions? Good grief.



Oh and I support stem cell research. icon_wink.gif

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AKA_cupcakeshoppe Posted 11 Apr 2008 , 5:29pm
post #177 of 237

If you want it, you'll find a way. if you don't want it, you'll make excuses.

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FlowerGirlMN Posted 11 Apr 2008 , 5:33pm
post #178 of 237

Seriously, what is so "uppity", rude, and "hoity toity" by expecting others to abide by the same LAWS that we do??

I would like to know. Those of you who are taking SO MUCH OFFENSE to the idea of actually obeying the law... are you guys for complete and total anarchy, or just arbitrary disobedience of rules you *personally* don't like?

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jen1977 Posted 11 Apr 2008 , 5:37pm
post #179 of 237

I go by cottage food laws here, and I'm not offended by obeying the law...I am however offended by the nsatiness and I'm better than you attitude that a few in this thread have! This thread is like beating a dead horse. I was just pointing out that for many, it isn't as simple as $300 in licensing and $20 an hour to rent a kitchen like it is for others! That's all! We don't know all the rules in every state, or how much you have to invest!

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FromScratch Posted 11 Apr 2008 , 5:47pm
post #180 of 237

Even more than obeying the law.. it's the insurances. I don't understand how someone could serve food to the public (aka strangers) and not have their asse(t)s protected. The laws are there to protect not only the people you serve but to protect you the baker. You can't get liability insurance if you aren't licensed.

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