Loop Hole To Being Illegal?

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

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FromScratch Posted 12 Apr 2008 , 1:32am
post #211 of 237

It's not that I think it's more frequent to get sick from a home kitchen (remember I have a legal home kitchen). It's the fact that if you get sued.. you could lose your house. I can't see taking that risk. Being legal allows you to be able to get liability insurance to protect your assets.

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loriemoms Posted 12 Apr 2008 , 1:42am
post #212 of 237
Quote:
Originally Posted by FlowerGirlMN

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!".




I agree, very well said!

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loriemoms Posted 12 Apr 2008 , 1:47am
post #213 of 237
Quote:
Originally Posted by yourstrulytx

Breast Feeding is best!!!


And yes to stem cell research!!!!




As my DH used to say way back when,. Nothing better then chocolate cake a good glass of breast milk!!

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PieceofCakeAZ Posted 12 Apr 2008 , 1:48am
post #214 of 237
Quote:
Originally Posted by jkalman

It's not that I think it's more frequent to get sick from a home kitchen (remember I have a legal home kitchen). It's the fact that if you get sued.. you could lose your house. I can't see taking that risk. Being legal allows you to be able to get liability insurance to protect your assets.




Oddly, I have never been asked by an insurance company for proof that I was a legal biz. So the last time we switched insurance I asked about it and my guy told me that they will insure anybody BUT if a foodservice business files a claim, they require licensing documentation for their settlement file and if they are operating illegally then the insurance company just won't pay the claim. He said they could also sue the unlicensed customer for fraud if they felt like it, but probably wouldn't bother icon_surprised.gif

In short... if you aren't licensed, you can pay for insurance, the insurance company will tell you that you are insured but if somebody dies from the peanut dust in your cake mix, you are on your own.

Basically... if you are unlicensed and you did acquire business insurance ... you might as well cancel it and save your money 'cause they ain't paying for anything that goes wrong.

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loriemoms Posted 12 Apr 2008 , 1:58am
post #215 of 237

Yes, Don t lock this thread! I am enjoying! Nothing like a good spirited discussion. Those who are choosing to leave CC because of this discussion don't know what they are missing, as you can learn SO much from this board!!!

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mkolmar Posted 12 Apr 2008 , 2:03am
post #216 of 237

A home baker in MI lost her home and everything she owned 3 years ago by baking illegally. It was her 1st offense. Someone got sick and said it was the cake (more than likely not) found out she wasn't legal and sued. She lost everything! Most cases you get told to stop baking right then and there and the HD comes out and does periodic unscheduled checks to make sure your not baking over the course of a few years. This case was unusual for the fact it was her 1st offense and that's what happened. I know the HD is busy but if they get a call they must check it out, which puts illegal bakers in a horrible position. I know that this was an odd case for this to happen but I just wanted to let you all know there is a real possibility that it can.


And to go along with the good vibes--I'm pro-life, pro breast feeding, for womens equality, marching on Lansing soon to help change the Autism bias the insurance companies have and I dislike all 3 presidential hopefuls. icon_razz.gif

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iamlis Posted 12 Apr 2008 , 2:14am
post #217 of 237

Thats VERY informative mkolmar! And a good glimpse of reality to abiding by the laws that govern-they are there to protect us all, (though sometimes make no sense icon_smile.gif)

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daisy114 Posted 12 Apr 2008 , 2:24am
post #218 of 237

Wow, that is very scary!! I can't imagine losing my house over a cake!!

What about bake sales? People who are making the goods for those are baking out of their house, right??

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Penny7271 Posted 12 Apr 2008 , 2:39am
post #219 of 237

When I was researching home bakeries in my state, I found that there is a special exemption for charitable organizations (including churches and schools) to sell items baked at home at bake sales.

They need to fill out a form and get it approved. Items like pies and cakes must be sold as whole units (not in slices) and there can't be anything with custard or cream or any other ingredient that could go bad without refrigeration (including pumpkin.)

And lastly, "Consumer is informed by a clearly visible placard at the sales or service location". Not sure exactly what that means...

I would guess that other states have similar procedures to this.

I can't have a home bakery...but I can donate to the school bake sale. So at least I have another excuse to bake

icon_biggrin.gif

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Trixyinaz Posted 12 Apr 2008 , 3:09am
post #220 of 237

I'll be honest, I only read up to page 4.

Right now I'm a hobbyist and learning. I don't want to work out of my home illegally. I want to be licensed. I want a store. I want to be legit. I am giving myself one year to get my recipes down, my decorations perfected, and to develope my style of caking. This time next year, I want to be looking at space, I want to write a biz plan, I want to buy the equipment. I'm not rich. We live paycheck to paycheck.

I don't want to let this dream go - a dream I let go when I was 18 and then again at 24. I'm 40 and don't want to waste another 20 years. I want to know what I need to do. If anyone that is licensed that would like to mentor me to become a successful business, I surely would love it. I don't know the first thing about opening a business, but I am a fast learner and want to learn. Please someone, point me in the right direction.... Please PM me if you would like to help me get started in the business.

Thanks!

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CakeMommyTX Posted 12 Apr 2008 , 3:15am
post #221 of 237

I like to eat raw hot dogs, but only Oscar Meyer and only at 4 am!

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wgoat5 Posted 12 Apr 2008 , 3:19am
post #222 of 237

I read up to page 7 and ended up crying...

I know I am a big ole southern baby. icon_sad.gif I feel very hurt... I feel as though if some post here maybe they will get turned in or something....

The things that were said in the first couple of pages hurt ME..

I am very clean... I'm working on getting legal and we have NO others around here that are legal. 1 grocery store icon_sad.gif .... I don't think I have ever HURT a business...

And I really don't think I have EVER tried to step on toes here... but some really have said somethings that make me think twice.

Why do we have to get angry and bitter when it comes to being legal ?

Sure make your point... but don't say us who bake out of our homes are GROSS or make AWFUL icing out of a can or anything else...

I don't know.. maybe CC isn't the same anymore.. I thought I was helpful maybe at some point but maybe sense I'm not legal I'm not?

I am sooo confused and hurt..

Sad post SAD

icon_sad.gif Christi

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FromScratch Posted 12 Apr 2008 , 3:29am
post #223 of 237

Don't fret Christi.. you are such a sweet person. Try not to take anything personally okay? I can vouch for your kind nature. These sort of posts stir up a lot of emotions.. ((hugs)).

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mkolmar Posted 12 Apr 2008 , 3:38am
post #224 of 237

(((big ol' hug from me too))) *Christi--you know I got my table friends covered! icon_wink.gif

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TxBlonde Posted 12 Apr 2008 , 3:39am
post #225 of 237

I don't even know you Christi and what you wrote made me sad! I don't think it was anyone's intention to be cruel or insensitive. Don't take to heart what some people have said. Try not to worry about it. Your cakes are beautiful and you have wonderful ideas to share with us! Think like Shakespeare...âDost thou think, because thou art virtuous, there shall be no more cakes and ale?â Don't let them bother you girlie! icon_biggrin.gif

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twinsline7 Posted 12 Apr 2008 , 4:01am
post #226 of 237
Quote:
Originally Posted by FlowerGirlMN

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!".






actually...starting back at page 2....the word "hobbyist" gets thrown around quite a bit!

Quote:
Originally Posted by FlowerGirlMN

I don't see why any of us who have invested in our *businesses* should have to compete with illegal hobbyists. Your "building up a client base" and "being paid for a hobby" seriously devalues custom cakes in general.






So not only is the gripe in here about illegal theives of cake business its also against those doing this as a hobby ...be it for a friend family whatever....if something, regardless of who, what, when, where, or how was given....bam you are illegal and now the enemy.

no matter how loud the rant....no matter how many words are thrown to prove the point.....I can tell you 100% I will NOT put one dime into a shop until I am 100,000 times sure this is what I want to do. until then I will continue my hobby....and be gracious for the occassional cake pan gift or bag of flour!

again....I'm not fully interested in selling to the public yet and don't....I may be one day I may not. I came into the picture when comments about hobby this and that and just so easy to do came up....my biggest hesitation is if things in my home life fall apart around me with one cake to do WHILE AT HOME....how will I do it with a shop to run and several orders to fill......so to basically tell me I have it soooo fricken easy because I can bake a cake and fart if I want to because Im in my home pissed me off. With 5 kids to care for 6 if you count my husband..and all responsibilties they come with.....pulling off a cake around here will make any one claw at the door step of the health inspector and local shop owners!!!

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CambriasCakes Posted 12 Apr 2008 , 8:07am
post #227 of 237

Oh my God I just sat here for 2 1/2 hours and read through this entire thread!!

Need.........water..................can't............................go...........on........

Seriously, it was quite an education to see everyone's point of view on this issue. I've learned a lot, regardless of what my stance on it is. My question is this: What if someone truly cannot afford to go to a designer (expensive) bakery for their special occasion cake and you (unlicensed baker) can do something comparable for much less? Is there no happy medium between "designer" and WalMart? I completely understand the cost of doing business for a licensed baker means higher prices for their cakes but honestly, think of it from a customers perspective......

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FromScratch Posted 12 Apr 2008 , 10:29am
post #228 of 237

There shouldn't be a happy medium if you ask me. Because the decorator doing their cakes for cheap, is not getting what they deserve for their time and hard work.

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Mike1394 Posted 12 Apr 2008 , 11:19am
post #229 of 237

I read about 1/2 of this thread. I've read stories about craft people going to craft shows. I've read about "hobbists" underselling "pros". I've read about the cost of starting up, "so I can't make the investment to do it right". The one thing I haven't read is. What the heck will the "hobbists" do if someone gets sick from a piece of chicken, and thinks your cake made them sick? Then they sue, and you lose your house. That "small" investment doesn't look to big now that your homeless. Oh BTW I live in MI, and I will be legal in my home. There are ways to do it. My legs sure are tired from jumping through the hoops though. icon_cool.gif You want to talk about expense where I live it costs 500 for the HD to JUST look at your plans.

Mike

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wgoat5 Posted 12 Apr 2008 , 11:22am
post #230 of 237

icon_sad.gif

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springlakecake Posted 12 Apr 2008 , 12:01pm
post #231 of 237

Whether or not this thread has angered some people and made some people sad, I think it has been very imformative. I want the legal business, and the more I read, the more I want it. The more I NEED it to protect myself.

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springlakecake Posted 12 Apr 2008 , 12:07pm
post #232 of 237
Quote:
Originally Posted by Mike1394

I read about 1/2 of this thread. I've read stories about craft people going to craft shows. I've read about "hobbists" underselling "pros". I've read about the cost of starting up, "so I can't make the investment to do it right". The one thing I haven't read is. What the heck will the "hobbists" do if someone gets sick from a piece of chicken, and thinks your cake made them sick? Then they sue, and you lose your house. That "small" investment doesn't look to big now that your homeless. Oh BTW I live in MI, and I will be legal in my home. There are ways to do it. My legs sure are tired from jumping through the hoops though. icon_cool.gif You want to talk about expense where I live it costs 500 for the HD to JUST look at your plans.

Mike




REally? I live in michigan too and the health department lady came right over to the house and gave us some recommendations. Then there is this guy who will look at the plans free of charge around here. where in Michigan are you? I am sure it probably varies from county to county.

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Erdica Posted 12 Apr 2008 , 1:06pm
post #233 of 237

I've read most of this post.

I don't agree with loop holes to being legal. Just too much to gamble. Not worth it to me.

I understand both sides of this conversation. I understand the hobbist/just starting up bakers. Everyone has to start somewhere. I understand those who have invested countless hours and money to start their business. I am fortunate to live in a cottage state. But my goal has always been to have a store. I'm kind of in the middle. I work out of my home (for now...currently looking for a kitchen to rent). But I am just as obsessed with my business (Hi, My name is Erica. And I am cake addict). Does my business support my family? No...not yet. But I've already spent between $5000 - $6,000 in advertising this year. And it's only April. I am very serious and have my eyes set on a goal. We (as others) have had to make a lot of sacrifices to get the business up off the ground. We've done a ton of research on where to put our advertising because we are working with a limited budget.

I know a lot of people have been sad or hurt reading this post. But honestly, I don't think anyone was attacking anyone else. This has offered great information. I think this will always be a hot topic in any business. I truly hope no one takes it personally. The amount of information that is passed back and forth on these boards every day is priceless.

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wgoat5 Posted 12 Apr 2008 , 1:53pm
post #234 of 237
Quote:
Originally Posted by Erdica



I know a lot of people have been sad or hurt reading this post. But honestly, I don't think anyone was attacking anyone else. This has offered great information. I think this will always be a hot topic in any business. I truly hope no one takes it personally. The amount of information that is passed back and forth on these boards every day is priceless.








Erica I totally understand what you are saying... But.. There was attacks...


As I am sitting here in my recliner between soccer practices icon_confused.gif and writing my OPINIONS on this between CAKES icon_confused.gif saddens me. Because I see everyday how this world is becoming... and it scares the bejeezes out of me!!! Why such attacks on people that might be trying to feed their young ones also? So what? People who know they have been rude have thrown sooo many stones that I think they have forgotten many of the times they didn't do something right on the dotted line....

Does it make you a bad person for baking in a illegal way? NO WAY... Does it make you a bad person if you committ murder... I SOOOO think so... but then the only person that can judge that is well.... is featured in the good book!!!
You know if it means that I have thin skin because I don't want to hurt someones feeling and ACTUALLY have a heart then that is the way I want to be!!! Society really freaks me out now... nobody cares anymore. Nobody has ANYTHING nice to say.. SOMEONE is always out to get you...


And after this thread... well and one comment that was made about the health department not coming onto private property it really makes me think who on here has their hearts in the right place..

It's hard times guys... and it will get harder.. Who am I to say you can't bake a cake to feed your little ones and make a few extra dollars? I won't ... I wouldn't do that to someone... EVER

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Mike1394 Posted 12 Apr 2008 , 2:08pm
post #235 of 237
Quote:
Originally Posted by merissa

Quote:
Originally Posted by Mike1394

I read about 1/2 of this thread. I've read stories about craft people going to craft shows. I've read about "hobbists" underselling "pros". I've read about the cost of starting up, "so I can't make the investment to do it right". The one thing I haven't read is. What the heck will the "hobbists" do if someone gets sick from a piece of chicken, and thinks your cake made them sick? Then they sue, and you lose your house. That "small" investment doesn't look to big now that your homeless. Oh BTW I live in MI, and I will be legal in my home. There are ways to do it. My legs sure are tired from jumping through the hoops though. icon_cool.gif You want to talk about expense where I live it costs 500 for the HD to JUST look at your plans.

Mike



REally? I live in michigan too and the health department lady came right over to the house and gave us some recommendations. Then there is this guy who will look at the plans free of charge around here. where in Michigan are you? I am sure it probably varies from county to county.




The way my house is set up it is very doable. Not your typical set up. I would check at city level first, then county. I'm in Roseville.

Mike

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lchristi27 Posted 12 Apr 2008 , 2:15pm
post #236 of 237

Ive been reading through a lot of these posts, and something comes to mind for me. I thought for the longest time that all I wanted was to have my own bakery, here in MN it's tough as MN Flower girl knows. Our laws are so strict.
I had a discussion with a friend who owns restaurants, as he was eating a piece of my cake and said NEVER go into business, you will hate decorating cakes if you do. Just do it because you love it.

What do you guys think, those who now have their own bakeries, do you hate it? Are you glad you made the change and became legal? Or is it to much?

Or did I get on this thread to late with the wrong topic?

Love you all, because everyone brings something new to the table.

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MrsMissey Posted 12 Apr 2008 , 2:21pm
post #237 of 237

I think everyone has had enough time to express their opinions on this one, so I am locking this thread. Thanks everyone!! thumbs_up.gif

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