New: States That License Home Kitchens

Business By kelleym Updated 17 Aug 2014 , 1:55pm by craftybanana

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jason_kraft Posted 23 Mar 2011 , 1:09am
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Quote:
Originally Posted by Atomikjen

Quote:
Originally Posted by MimiFix

It's not on the list, but New York allows home baking. http://www.agmkt.state.ny.us/FS/consumer/processor.html



I've read and reread this so many times but it still doesn't look right to me. I've also called the Department of Health and Agriculture and they've said no.

Maybe it's just not in my area?



The last paragraph on that page says:

The exemption relates only to Article 20-C licensing. The exempt firm will be subject to inspection by the Department of Agriculture and Markets.

This means that a home-based food business in NY does not necessarily need to purchase a license, but they must still pass inspection, same as in any other state without a cottage food law.

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CoveredInCake Posted 23 Mar 2011 , 2:30am
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Arkansas just passed the Cottage food law, allowing you to seel baked goods prepared in your home kitchen. icon_smile.gif

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babycakes77 Posted 23 Mar 2011 , 2:57am
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What??? Arkansas passed a Cottage Food law? I need to research this. I'm in Arkansas and have been trying to find a kitchen to rent to start my business. This is awesome news!

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MimiFix Posted 23 Mar 2011 , 3:06am
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Atomikjen - The exemption is from the Dept of Agriculture and Markets. NOT your county health department. Call the Albany number at the bottom of the page and ask for Cory Skier.

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CoveredInCake Posted 23 Mar 2011 , 3:07am
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Quote:
Originally Posted by babycakes77

What??? Arkansas passed a Cottage Food law? I need to research this. I'm in Arkansas and have been trying to find a kitchen to rent to start my business. This is awesome news!




http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act72.pdf
That;s the link to the bill. I'm in the Cabot/Jacksonville area. We have been reting a kitchen to stay legal. This is a HUGE help to our business!!

PM me your website/facebook whatever if you want. I like being pals with local bakers. I think we can all help eachother learn more and inspire eachother. icon_smile.gif

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babycakes77 Posted 23 Mar 2011 , 9:14pm
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Quote:
Originally Posted by CoveredInCake

Quote:
Originally Posted by babycakes77

What??? Arkansas passed a Cottage Food law? I need to research this. I'm in Arkansas and have been trying to find a kitchen to rent to start my business. This is awesome news!



http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act72.pdf
That;s the link to the bill. I'm in the Cabot/Jacksonville area. We have been reting a kitchen to stay legal. This is a HUGE help to our business!!

PM me your website/facebook whatever if you want. I like being pals with local bakers. I think we can all help eachother learn more and inspire eachother. icon_smile.gif




I'm just getting started and was researching all the legalities of starting my business up. I still haven't gotten licensed or anything. Do you think you could walk me through the process? I'm glad I don't have to rent a kitchen now. I'll send you my website whenever I get it up. This is so exciting and I'm so glad to meet someone else in Arkansas!

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mbowers Posted 27 Mar 2011 , 8:29pm
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Does anyone know when they are going to decide for Florida?

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tryingcake Posted 27 Mar 2011 , 9:08pm
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I heard late last year that California was considering this. I can't find anything since then, so I think it may be dead or was simply a bad rumor. I know I signed a petition.

Anyone know more about this?

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CuttlefishCakes Posted 29 Mar 2011 , 4:38pm
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I found the following on Delaware's Heath and Human Services Brochure:
"OPERATIONS THAT DO NOT REQUIRE A FOOD ESTABLISHMENT PERMIT
1. An establishment that offers only pre-packaged foods that are not potentially hazardous;
2. A produce stand that only offers whole, uncut fresh fruits and vegetables;
3. A food processing plant;
4. A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the Division of Public Health;
5. An area where food that is prepared as specified immediately above is sold or offered for human consumption;
6. A kitchen in a private home such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Division of Public Health; or
7. A private home that receives catered or home-delivered food; or a private home in which an individual is hired to prepare foods for personal consumption."

So that Means Home Kitchens are Allowed, right?

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jason_kraft Posted 29 Mar 2011 , 4:46pm
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Quote:
Originally Posted by Greenepona

I found the following on Delaware's Heath and Human Services Brochure:
"OPERATIONS THAT DO NOT REQUIRE A FOOD ESTABLISHMENT PERMIT
1. An establishment that offers only pre-packaged foods that are not potentially hazardous;
2. A produce stand that only offers whole, uncut fresh fruits and vegetables;
3. A food processing plant;
4. A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the Division of Public Health;
5. An area where food that is prepared as specified immediately above is sold or offered for human consumption;
6. A kitchen in a private home such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Division of Public Health; or
7. A private home that receives catered or home-delivered food; or a private home in which an individual is hired to prepare foods for personal consumption."

So that Means Home Kitchens are Allowed, right?



You can only sell food made in your home kitchen in DE at a religious or charity bake sale; to guests in your home (as in a B&B); or to kids you are taking care of in your home (as in day care). The last clause allows personal chefs to operate without a permit.

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jason_kraft Posted 29 Mar 2011 , 4:49pm
post #311 of 437
Quote:
Originally Posted by tryingcake

I heard late last year that California was considering this. I can't find anything since then, so I think it may be dead or was simply a bad rumor. I know I signed a petition.

Anyone know more about this?



AFAIK nothing more has happened other than the petition (which was online, so it doesn't really carry much weight). I doubt this will happen in CA any time soon unless cottage food businesses are pitched as a profit center for the state.

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tryingcake Posted 29 Mar 2011 , 11:02pm
post #312 of 437
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by tryingcake

I heard late last year that California was considering this. I can't find anything since then, so I think it may be dead or was simply a bad rumor. I know I signed a petition.

Anyone know more about this?



AFAIK nothing more has happened other than the petition (which was online, so it doesn't really carry much weight). I doubt this will happen in CA any time soon unless cottage food businesses are pitched as a profit center for the state.




Thanks!! And I agree. When I heard about it my first thought was CA govt is much too greedy to pass this law. Although I think they would have more honest people out there and receive more revenue in the end. Most people want to do this legally. This state just makes it hard and even impossible for honest people to remain so. I am legal - but it was much harder than it should be to get that way.

Quote:
Quote:

AFAIK




LOL - it took me a few secs - maybe even a full minute to figure out what AFAIK stood for. icon_redface.gif

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AvaSweetCakes Posted 13 Apr 2011 , 4:28am
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Here we go Colorado! I have started a petition to get the Cottage food law here! I you live in Colorado and would like to see this happen please sign it: http://www.petitiononline.com/cocttglw/petition.html

Also Please follow the forum on it here: http://cakecentral.com/cake-decorating-ftopict-715324-.html

One more thing, join the facebook page for this movement to keep updated on the progress : http://www.facebook.com/#!/pages/Colorado-Cottage-Law-Movement/107542739330187

This is going to be a long road but it is time Colorado gets on board!
I would like to qoute someone from the other forum, Linsram said it perfectly "So excited about this! I just moved here not too long ago and it's crazy you can't bake from home. You can sell tacos from a truck, meat from the back of your car, and even sell marijuana. But I can't bake a cake?"
Let's get this cake party started! thumbs_up.gif

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ginster Posted 13 Apr 2011 , 11:36pm
post #314 of 437

Does Connecticut allow a home kitchen

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KimAZ Posted 16 Apr 2011 , 5:11am
post #315 of 437

Arizona passed the Food Cottage bill into law as of April 13, 2011.

http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/hb2103o.asp&Session_ID=102

So we're legal in 90 days from then, July 13th! Woohoo!!!!

KimAZ

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KarisCakes Posted 17 Apr 2011 , 5:56am
post #316 of 437
Quote:
Originally Posted by KimAZ

Arizona passed the Food Cottage bill into law as of April 13, 2011.

http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/hb2103o.asp&Session_ID=102

So we're legal in 90 days from then, July 13th! Woohoo!!!!

KimAZ



YAAAAAAYYY!!! I'm so happy! Thanks for sharing that info!

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emzhua Posted 18 Apr 2011 , 8:13am
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I googled "Cottage Law In Washington State" and this is what I found... "The bill has now passed both houses, nearly unanimously. Senator Phil Rockefeller has asked for feedback on the final bill, with amendments, http://apps.leg.wa.gov/billinfo/summary.aspx?year=2011&bill=5748" So now just wait for the final signature?

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Karen421 Posted 18 Apr 2011 , 12:21pm
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CONGRATULATIONS!!! KimAZ thumbs_up.gif

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JenniCakesAZ Posted 2 May 2011 , 6:11pm
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woot! Go AZ!! I'm so excited! Thanks for sharing KimAz!!

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baserban Posted 2 May 2011 , 7:46pm
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I just got off of the phone with the food safety dept. at Ohio's agriculture Division. In Ohio you do not need any type of licensing at all if your considered Cottage Food, meaning the end product does not need to be refrigerated. If your selling things such as cream pies or cheese cakes then you will need a license. The only requirements for Cottage foods are for proper labeling. The fact sheet for the proper labels can be found at this website: http://www.agri.ohio.gov/divs/FoodSafety/docs/CottageFoodOperation-factsheet.pdf

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Freedomx6 Posted 2 May 2011 , 9:09pm
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In Illinois would it be ok to provide a cake to a non-profit organization at no charge? I'm in Indiana, and the non-profit is in Chicago, Illinois.

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addisonsommer Posted 4 May 2011 , 12:08pm
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In Franklin county in Missouri you may not have a home based business unless you license it through the health dept as a commercial kitchen which must be a separate kitchen with a separate entrance. icon_sad.gif

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FH_Cakes Posted 5 May 2011 , 8:49pm
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It is with my great honor to announce Washington State now has a Cottage Foods Law. The Governor signed the bill this morning. This law will take effect in 90 days.

I will update as I get more info on the inspection process.

http://apps.leg.wa.gov/documen.....R%2011.pdf

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Mamasan Posted 7 May 2011 , 2:04am
post #324 of 437
Quote:
Originally Posted by FH_Cakes

It is with my great honor to announce Washington State now has a Cottage Foods Law. The Governor signed the bill this morning. This law will take effect in 90 days.

I will update as I get more info on the inspection process.

http://apps.leg.wa.gov/documen.....R%2011.pdf




Congratulations! thumbs_up.gif

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billiev2000 Posted 9 May 2011 , 7:02pm
post #325 of 437

Regarding the Cottage Law--Just BEWARE! I am in Indiana where we have a cottage law. When I talked to my local health dept. I was told that it only applied to roadside stands and the like. I asked,"How am I supposed to sell wedding cakes at a roadside stand?!" So I went higher and talked to the state house...I was told that the local health dept officer was correct. So I said,"You mean to tell me that if I set up a child's lemonade stand in my front yard, I can sell my cakes, but I can't have people pick them up from inside my house?!" He said,"Basically, yes. I know it doesn't make any sense but that's the way the law was written."
I just don't want someone to get their hopes up and be dissapointed the way I was.

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Kristie925 Posted 9 May 2011 , 7:24pm
post #326 of 437
Quote:
Originally Posted by billiev2000

Regarding the Cottage Law--Just BEWARE! I am in Indiana where we have a cottage law. When I talked to my local health dept. I was told that it only applied to roadside stands and the like. I asked,"How am I supposed to sell wedding cakes at a roadside stand?!" So I went higher and talked to the state house...I was told that the local health dept officer was correct. So I said,"You mean to tell me that if I set up a child's lemonade stand in my front yard, I can sell my cakes, but I can't have people pick them up from inside my house?!" icon_surprised.gif He said,"Basically, yes. I know it doesn't make any sense but that's the way the law was written."
So please check and make sure that your state's Cottage Law will include you, I just don't want someone to get their hopes up and be dissapointed the way I was. icon_cry.gif



I'm in Indiana too and was told the same thing from my local health department. He also said that if I took the cake outside and handed over a patio table to the person picking it up, that it counted as a roadside stand! Craziness!

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KrazyAboutCake Posted 10 May 2011 , 10:26am
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Florida Cottage Food Bill CS/HB 5007 failed in the Senate, HOWEVER, the House included the Cottage Food in another bill CS/HB 7209 which did PASS. Bill CS/HB 7209 is now at the Governor waiting for his signature to sign into law. Florida Cottae Food Act will be effective July 1, 2010

Barbara

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WhenTalentsCollide Posted 1 Jun 2011 , 4:50pm
post #328 of 437

Anyone know the legalities of selling from home in the state of PA...? I had trouble finding the information...

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bnbmom Posted 4 Jun 2011 , 8:04pm
post #329 of 437
Quote:
Originally Posted by Kristie925

Quote:
Originally Posted by billiev2000

Regarding the Cottage Law--Just BEWARE! I am in Indiana where we have a cottage law. When I talked to my local health dept. I was told that it only applied to roadside stands and the like. I asked,"How am I supposed to sell wedding cakes at a roadside stand?!" So I went higher and talked to the state house...I was told that the local health dept officer was correct. So I said,"You mean to tell me that if I set up a child's lemonade stand in my front yard, I can sell my cakes, but I can't have people pick them up from inside my house?!" icon_surprised.gif He said,"Basically, yes. I know it doesn't make any sense but that's the way the law was written."
So please check and make sure that your state's Cottage Law will include you, I just don't want someone to get their hopes up and be dissapointed the way I was. icon_cry.gif


I'm in Indiana too and was told the same thing from my local health department. He also said that if I took the cake outside and handed over a
patio table to the person picking it up, that it counted as a roadside stand! Craziness!





Man I would accept that law in a second, at least there are ways of doing it guys. I am in CA and so far we can't bake cakes from home at all.

so I say make it work somehow tell your customer to come to your home and pick up the cake at a certain time and serve it over a picnic table.
No big deal. Make the picnic table look fancy LOL !

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billiev2000 Posted 6 Jun 2011 , 9:41am
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The thing is, how do you advertise something like that? "Please order from Billie's Roadside Stand." That doesn't sound very good.
The guy at the statehouse told me that the law was enacted for farmers selling their goods at a farmer's market. But that if I sell it through some sort of "stand" outside in the yard, then that would probably be okay. My local guy (who I talked to first) made it sound like there was no way I could do it. Then I get on here and I read posts from people who actually own a business that are mad about people selling cakes illegally. I completely see their point--they've put all this time and effort into it. How do I do it. The thing with me is, I work 24 hours per week managing a non profit store, I LOVE my job and have no intention of giving it up. I have two children and a husband to take care of. I don't undercut anyone just to get the business. If Krogers or another bakery gets $50 for a whole sheet cake, that's what mine start out at. (VERY VERY small town!) I just enjoy doing cakes on the side, I have 4 this month but next month I may not have any. I just kind of feel stuck!

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