Teaneck,nj Mom Sells Cakes From Home. Is That Illegal?

Business By mom2my3girlz Updated 22 Jul 2009 , 2:27am by JanH

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PinkZiab Posted 21 Jul 2009 , 3:08pm
post #121 of 161
Quote:
Originally Posted by OfficerMorgan

Pinkziab-I am sorry you went through that, and I am glad you came out of it!




Thanks... you know a topic FINALLY comes up on CC where I know more than everyone else here and it's not even something good! lol

I'm still struggling to keep food on the table for me and my kid (she's 8 years old and I'm raising her alone, with no child support or financial assistance of any kind). It would be very easy for me to start selling cakes from home to make money on the side and supplement my income, but I'm not willing to put my career and everything I have worked for on the line for that (besides the financial implications). I agree this woman probably had no idea it was illegal or she would not have agreed to be on TV. But we all have struggles, we all have bills to pay... it still doesn't mean that the end always justifies the means.

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GatuPR Posted 21 Jul 2009 , 3:09pm
post #122 of 161

dkelly said: Selling food without a license is against the law and if somebody's not following proper food safe practices they could potentially make people who consume their food very sick.

indydebi said: This kind of logic escapes me..... the logic that "well, having a license doesn't mean it's clean!"

If everyone who says this really believes that, then I expect you all to line up at your local legislator's office and demand the health dept be repealed and done away with. If having them in place is useless, then let's just do away with them.

Let's just let ALL food establishments do whatever they want with no rules and no guidelines, just whatever the person in charge "thinks" is common sense and we can all go by his or her own personal standard of clean.

All in favor, raise their hands .......


Are you saying that every single establishment that has a license and insurance had never made anyone sick?

It seems like every few months there is a food safety recall on some product made in a HD inspected facility with license and all. To say that just because you have a licensed kitchen is a foolproof way of not making someone sick is not very logical. Somehow that license makes a barrier for any viruses or bacteria lol.

I remember the green onions recall, peanut butter (here in GA big news), more recently the cookie dough from Nestle, etc., etc., etc. Many sick people and also some have died because they thought it was ok to eat a food product made in a licensed and inspected facility.

Unfortunately, some food establishments DO whatever they want and sometimes is too late before they get caught or they just get a warning or a ticket and keep operating. The HD can not be everywhere everyday.

I saw on the news a chinese restaurant where the employee was mixing the salads with his feet barefoot on the floor, disgusting. Guess what? They had a license for many years and it wasn't the HD who caught them, it was another employee who taped the whole thing.

After I read the article, I really didn't care one way or the other if she was selling cakes to her friends and family from her unlicensed kitchen but why wasn't the fiancee and grown up sons working to help her pay their loan. Was she the only one with an income in that house? I do hope someone offers her a kitchen space so that she can sell her cakes to many more customers.

I do understand some of you would never break the law, no way no how, but throughout history, Thank God for those who have, and some laws were change.

For all of you in NJ complaining about how can someone make cakes from her unlicensed kitchen and be on t.v., maybe is a good time with the publicity to write to your legislators and demand a change in the law so that all of you can make and sell cakes from your kitchens.

I am not saying people shouldn't be licensed/insured, but having a licensed/insured kitchen does not provide 100% safety to consumers.
Maybe all of you that are so against this, can e-mail her and offer some advise on how to become legal or better yet a link to CC icon_smile.gif. JMHO.

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stephaniescakenj Posted 21 Jul 2009 , 3:41pm
post #123 of 161
Quote:
Originally Posted by GatuPR



For all of you in NJ complaining about how can someone make cakes from her unlicensed kitchen and be on t.v., maybe is a good time with the publicity to write to your legislators and demand a change in the law so that all of you can make and sell cakes from your kitchens.






We are ... we have a bill written up and in committe review.

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Spuddysmom Posted 21 Jul 2009 , 3:42pm
post #124 of 161

This thread hasn't been locked yet but the buttercream one has? Huh?

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krissycupcakes Posted 21 Jul 2009 , 3:53pm
post #125 of 161

i just tried to read like 5 pages real quick but from what i understand she has a trademark on the name of her cakes? like doesnt that cost $$$$$. and you know what i do understand that there are people selling cakes without the proper paper work and weather or not there doing things by the book it still is illegal. and i do agree that its no better then selling sex! but i will say this if your selling sex your only putting 2 people at risk (initially) but making a cake in a partially finished house with dust and dirt from construction your involving meny people who eat the cakes unknowingly

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__Jamie__ Posted 21 Jul 2009 , 3:56pm
post #126 of 161

Why lock it? What's the harm? Looks like lively conversation amongst a lot of people with differing opinions. Sheesh! I'm not even a participant, but then again, my feathers aren't ruffled easily, and opposing viewpoints are always a thing to be considered. But just not in a Socialist society.....oops, I did it. icon_biggrin.gif

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littlejewel Posted 21 Jul 2009 , 4:04pm
post #127 of 161

I agree with OfficerMorgan. Good points thumbs_up.gif

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Lenette Posted 21 Jul 2009 , 4:24pm
post #128 of 161

Why the demand to lock this?

Can't a group of people have a discussion and not agree (in a civil manner)?
It's a debate with opposing points of view and there is nothing wrong with that.

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BCJean Posted 21 Jul 2009 , 4:28pm
post #129 of 161
Quote:
Originally Posted by hensor

I work for a HD in Michigan and know that "bake sales" are exempt from licensing. Also, you can get a temporary food license for a period of two weeks. She says 100 cakes in 10 days, so maybe she is covered. Hopefully for her sake it is because getting licensed is very expensive. Her website says "bake sale" but I'm thinking what she has going on is beyond the definition of a bake sale. JMO




Perhaps she did get a 2 week permit. Perhaps the HD is working closely with her and monitoring the whole thing. Perhaps she is completely legal in doing what she is doing. Perhaps we should find out all of the details before starting this conversation.
The appearance of her cake is not what she is selling...it is the awesome taste it has...hence the need for the special ingredients. When paying $40 for the cake, they are donating to her.

She is not choosing this method to pay her mortgage indeffinately, it is only until the government will help.

The argument concerning not all legal kitchens being clean and food establishments being closed down....of course that is EXACTLY the point. The HD is doing its job. Had they not stepped in the contamination could have continued for years.

A part of the reason for being legal, is law suits. If you are legal the suit is brought against your business and leaves your personal life intact. If you are not legal you could lose everything.

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kelleym Posted 21 Jul 2009 , 4:35pm
post #130 of 161
Quote:
Originally Posted by BCJean

A part of the reason for being legal, is law suits. If you are legal the suit is brought against your business and leaves your personal life intact. If you are not legal you could lose everything.




No, being insured protects you from lawsuits. Being legal offers nothing in and of itself, it is simply a prerequisite for being an insured business. If a restaurant has a HD license but no liability insurance and makes 50 people sick with e-coli, what good is their license going to do them?

Nazis! Hitler! There, can we end it? icon_rolleyes.gif

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floral1210 Posted 21 Jul 2009 , 4:37pm
post #131 of 161

I thought the newspaper article that was linked here said that this was part of a special program to help people who are in danger of foreclosure. Possibly she is exempt from the HD requirements through this program. Maybe I misunderstood what I read, though. The article actually said "Logan decided to sell the cakes to help make a $2600 mortgage payment as part of a new federal program intended to help families avoid losing their homes".

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__Jamie__ Posted 21 Jul 2009 , 4:46pm
post #132 of 161
Quote:
Originally Posted by kelleym

Quote:
Originally Posted by BCJean

A part of the reason for being legal, is law suits. If you are legal the suit is brought against your business and leaves your personal life intact. If you are not legal you could lose everything.



No, being insured protects you from lawsuits. Being legal offers nothing in and of itself, it is simply a prerequisite for being an insured business. If a restaurant has a HD license but no liability insurance and makes 50 people sick with e-coli, what good is their license going to do them?

Nazis! Hitler! There, can we end it? icon_rolleyes.gif





icon_confused.gif So rather than take opportunities like you just demonstrated, to correct someone who was misled, you want to shut down this whole thread? I think you just demonstrated exactly why threads like this need not be silenced! You are a wealth of info! Keep it up.....or not, I guess. icon_sad.gif

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stephaniescakenj Posted 21 Jul 2009 , 4:47pm
post #133 of 161
Quote:
Originally Posted by floral1210

I thought the newspaper article that was linked here said that this was part of a special program to help people who are in dangert of foreclosure. Possibly she is exempt from the HD requirements through this program. Maybe I misunderstood what I read, though.




no she's in a special program that gives her a little bit more time to make her mortage payment so she doens't lose her home. There's no way to be exempt from HD regulations in NJ unless you're baking for a bake sale that supports a non-profit group like a school or church. She's benefiting from it personally so she would not qualify under the bake sale rule. with any luck, she'll just get a warning though.

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PinkZiab Posted 21 Jul 2009 , 4:57pm
post #134 of 161
Quote:
Originally Posted by BCJean

Quote:
Originally Posted by hensor

I work for a HD in Michigan and know that "bake sales" are exempt from licensing. Also, you can get a temporary food license for a period of two weeks. She says 100 cakes in 10 days, so maybe she is covered. Hopefully for her sake it is because getting licensed is very expensive. Her website says "bake sale" but I'm thinking what she has going on is beyond the definition of a bake sale. JMO



Perhaps she did get a 2 week permit. Perhaps the HD is working closely with her and monitoring the whole thing. Perhaps she is completely legal in doing what she is doing. Perhaps we should find out all of the details before starting this conversation.
The appearance of her cake is not what she is selling...it is the awesome taste it has...hence the need for the special ingredients. When paying $40 for the cake, they are donating to her.





NJ does not offer this type of temporary licensing. And just calling it a "bake sale" doesn't give her the protection of such. The bake sale exemptions are only for schools, churches, charities, and other non-profit organizations (such as kids sports teams, etc). In order to legally hold a bake sale it would have be through one of those organizations or a registered charity.

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jackmo Posted 21 Jul 2009 , 5:51pm
post #135 of 161
Quote:
Originally Posted by jimandmollie

I feel for this woman but come on. Hasn't she ever heard the words "LIVE WITHIN YOUR MEANS."

We raise two kids comfortably on $1500 per month (I am a stay-at-home-mom until both kids are in school then our income will go up again) because we planned ahead and have no mortgage payment, no credit cards, no car payment, etc. I am of the opinion that if you can't afford it then DON'T BUY IT.

I would love to be able to sell my cakes from home and be able to afford a bigger house too. Can I have a "bake sale?"

Maybe she should have tried going through a legitimate fundraising company and tried selling premade pizzas or something of that nature. This just isn't right.





Please....How do you know she was not living within her means? The way the economy is going these days, people loosing their jobs and income decreasing dramatically, what can you expect. We all are on step away from being homeless. Loose your job , you in trouble. Also foreclosure can be because of taxes going up, which in turn cause your mortgage to go up. So what she got a bigger house. She was paying the mortgage. We all don't know what the future holdsso please, if anything pray for the lady instead of judging her.

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jackmo Posted 21 Jul 2009 , 5:53pm
post #136 of 161
Quote:
Originally Posted by jimandmollie

I feel for this woman but come on. Hasn't she ever heard the words "LIVE WITHIN YOUR MEANS."

We raise two kids comfortably on $1500 per month (I am a stay-at-home-mom until both kids are in school then our income will go up again) because we planned ahead and have no mortgage payment, no credit cards, no car payment, etc. I am of the opinion that if you can't afford it then DON'T BUY IT.

I would love to be able to sell my cakes from home and be able to afford a bigger house too. Can I have a "bake sale?"

Maybe she should have tried going through a legitimate fundraising company and tried selling premade pizzas or something of that nature. This just isn't right.





Please....How do you know she was not living within her means? The way the economy is going these days, people loosing their jobs and income decreasing dramatically, what can you expect. We all are on step away from being homeless. Loose your job , you in trouble. Also foreclosure can be because of taxes going up, which in turn cause your mortgage to go up. So what she got a bigger house. She was paying the mortgage. We all don't know what the future holdsso please, if anything pray for the lady instead of judging her.

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jackmo Posted 21 Jul 2009 , 5:55pm
post #137 of 161
Quote:
Originally Posted by jimandmollie

I feel for this woman but come on. Hasn't she ever heard the words "LIVE WITHIN YOUR MEANS."

We raise two kids comfortably on $1500 per month (I am a stay-at-home-mom until both kids are in school then our income will go up again) because we planned ahead and have no mortgage payment, no credit cards, no car payment, etc. I am of the opinion that if you can't afford it then DON'T BUY IT.

I would love to be able to sell my cakes from home and be able to afford a bigger house too. Can I have a "bake sale?"

Maybe she should have tried going through a legitimate fundraising company and tried selling premade pizzas or something of that nature. This just isn't right.





Please....How do you know she was not living within her means? The way the economy is going these days, people loosing their jobs and income decreasing dramatically, what can you expect. We all are on step away from being homeless. Loose your job , you in trouble. Also foreclosure can be because of taxes going up, which in turn cause your mortgage to go up. So what she got a bigger house. She was paying the mortgage. We all don't know what the future holdsso please, if anything pray for the lady instead of judging her.

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Mike1394 Posted 21 Jul 2009 , 6:24pm
post #138 of 161
Quote:
Originally Posted by OfficerMorgan

Pinkziab-I am sorry you went through that, and I am glad you came out of it! I have just seen the Cake Mafia enough to know that someone here will report her out of spite. And I would hate for that to happen to her, but unfortunately, it will. (and yes, I know she went on TV and announced it, blah blah blah. But someone will make it so she has to stop.)




Can you please tell me who the Cake Mafia are? You've only been here a couple of months. Please fill me in on the "Cake Mafia".

How can this be a "gray" area? Ya can't sell out of your house in NJ. How much more simpler is that.

Mike

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GrandmaG Posted 21 Jul 2009 , 7:10pm
post #139 of 161

You can't sell out of your home in Nebraska either unless it's a separate kitchen. You can, however for $30.00 each week, bake out of your home and sell at the Farmer's Market! I don't quite get that. Maybe that would be a choice for her but I don't know what the Farmer's Market rules in NJ are.
I'm glad to see she's making an effort to pay her mortgage she's just going about it the wrong way.

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PinkZiab Posted 21 Jul 2009 , 7:19pm
post #140 of 161
Quote:
Originally Posted by GrandmaG

You can't sell out of your home in Nebraska either unless it's a separate kitchen. You can, however for $30.00 each week, bake out of your home and sell at the Farmer's Market! I don't quite get that. Maybe that would be a choice for her but I don't know what the Farmer's Market rules in NJ are.
I'm glad to see she's making an effort to pay her mortgage she's just going about it the wrong way.




That would still be a NO in New Jersey.

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Deb_ Posted 21 Jul 2009 , 7:56pm
post #141 of 161
Quote:
Originally Posted by kelleym

I propose that any thread in which selling cakes from home is compared to growing marijuana is immedately dead, due to my newly declared CakeCentral variation of Godwin's law. In fact, I'll even rename it Kelley's Law. Someone, please lock this.




Why do people keep making this same untruthful statement? Can you PLEASE read every post on here thoroughly before you make a false statement like this?

Not one person has compared the 2. One person tried to insinuate that's what we were doing, and she has not returned since. icon_rolleyes.gif

The only thing that was said was that selling cakes (unlicensed) and selling drugs are BOTH illegal.......not the SAME just BOTH illegal. Two different things entirely......only comparison, if you do either...you're breaking the law.

Does everyone finally understand that now?

And........NO this thread does not need to be locked....if someone doesn't like this thread then they don't need to read it or participate in it.

We're all adults having an adult debate. Legal vs. Illegal. It's VERY interesting to hear what some people's perception is of breaking the law. I never realized so many people felt the way they do and it's quite eye-opening actually.

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kelleym Posted 21 Jul 2009 , 8:06pm
post #142 of 161
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by dkelly

Some may say desperate times call for desperate measures however, it's still breaking the law......What will she sell to make next month's payment?

I've said it before ....

If you're going to justify an illegal activity, then you might as well just grow pot in your garage and sell it. Less work and more profit (uh, from what I hear!) icon_rolleyes.gif




dkelly - I have read every post in this thread.

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indydebi Posted 21 Jul 2009 , 8:39pm
post #143 of 161
Quote:
Originally Posted by kelleym

Quote:
Originally Posted by indydebi

Quote:
Originally Posted by dkelly

Some may say desperate times call for desperate measures however, it's still breaking the law......What will she sell to make next month's payment?

I've said it before ....

If you're going to justify an illegal activity, then you might as well just grow pot in your garage and sell it. Less work and more profit (uh, from what I hear!) icon_rolleyes.gif



dkelly - I have read every post in this thread.




Baking cakes out of your home is illegal in NJ.
Growing and selling pot anywhere is illegal.

People were posting comments trying to justify why doing an illegal act was justifiable for whatever emotional reason (i.e. losing her home).

My point was that if you were going to justify doing ANYTHING illegal, then you might as well pick the one that paid better with less work.

Never did I say baking cakes was THE SAME as selling drugs or raping anyone. I actually was pointing out that selling drugs paid better! icon_lol.gif

If y'all can't take that with the humor that it was given, then you all have too much time on your hands.

If there is no greater sin, then what is the big argument all about ........ ? icon_confused.gif

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misserica Posted 21 Jul 2009 , 8:53pm
post #144 of 161

I am in a little bit of shock after being away from the computer for a few hours. As I said earlier and other fellow NJ cake decorators have said, we are trying to work with NJ government to be able to legally sell our products out of our homes. This lady needed to make her mortgage payment and is doing something we all would love to do but can not. Why should she be able to slip through the system or get away with it because she got stuck in a crummy situation?

My dad just told me that I should sell "College Loan Cupcakes", ya think anyone would be mad at me? Just kidding, I would not think of it. But it does have a nice ring to it.

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aligotmatt Posted 21 Jul 2009 , 9:02pm
post #145 of 161

Growing and selling is lower cost out of pocket too... I mean... I'm just saying...

This thread has gone in some funny directions... First Saigon cinnamon is sold at Costco for like $5 for a huge container, it's not an extremely special ingredient....

Second, I really hope she does end up making enough money, because I don't think she will (based on her ingredients and what she is charging), which is unfortunate. I would be so bummed if I thought I had a brilliant idea to save my home and worked my tail off night and day and in the end made like $500, ya know?

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jackmo Posted 21 Jul 2009 , 9:36pm
post #146 of 161

i was told about a older lady told my husband how they fared during the great depression. She told him people made it by begging borrowing and stealing. Whille i don't condone stealing,it looks like people are so desperate because of the economy , they are doing any and every thing to stay afloat. I remember when the school tax levy passed in trotwood. When my taxes went up , my mortgage payment went up. Now mind you, the house we purchased was a fixer upper and was purchased for 38,500. so are payments went way up to 710.00 amonth. We refinanced so we can make the payments. Thanks God we haven't lost our home. I feel for the lady. Maybe that is all she is experienced in. So if she is caught i hope maybe some one can hire her to work in a bakery so she can make her mortgage payments. My question to all: If you were backed up in a corner financially to the point of loosing all , what will You do? It takes a lot of faith and integrity not to do anything illegal.

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jackmo Posted 21 Jul 2009 , 9:36pm
post #147 of 161

i was told about a older lady told my husband how they fared during the great depression. She told him people made it by begging borrowing and stealing. Whille i don't condone stealing,it looks like people are so desperate because of the economy , they are doing any and every thing to stay afloat. I remember when the school tax levy passed in trotwood. When my taxes went up , my mortgage payment went up. Now mind you, the house we purchased was a fixer upper and was purchased for 38,500. so are payments went way up to 710.00 amonth. We refinanced so we can make the payments. Thanks God we haven't lost our home. I feel for the lady. Maybe that is all she is experienced in. So if she is caught i hope maybe some one can hire her to work in a bakery so she can make her mortgage payments. My question to all: If you were backed up in a corner financially to the point of loosing all , what will You do? It takes a lot of faith and integrity not to do anything illegal.

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Deb_ Posted 21 Jul 2009 , 9:53pm
post #148 of 161

What's mind boggling about all these recent foreclosures is............Wasn't Washington's "Bank Bailout Plan" supposed to free up money so that these banks could start loaning again? Wouldn't that have included refinancing people in this woman's situation?

I for one would like to know what those BILLIONS of dollars have been used for...............just exactly WHO IS being helped? It sure doesn't seem like it's helping the average working person.

Same old, same old, business as usual in Washington........meanwhile thousands of Americans continue to lose their jobs and their homes.... icon_rolleyes.gif

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indydebi Posted 21 Jul 2009 , 10:02pm
post #149 of 161
Quote:
Originally Posted by jackmo

i was told about a older lady told my husband how they fared during the great depression. She told him people made it by begging borrowing and stealing.


My MIL tells us that she lived next to a railroad track and they got lots of "bums" come to their house, but they ALWAYS asked if there was any WORK they could do for a meal. I 'm sure there are lots of examples going both ways ... just wanted to share the other side, too.

Quote:
Quote:

My question to all: If you were backed up in a corner financially to the point of loosing all , what will You do? It takes a lot of faith and integrity not to do anything illegal.


That's almost an insulting question. It implies that anyone would do "anything", which is I do not believe to be true at all.

Been there. I was actually considered one of the statistically "Homeless" people. My ex husband filed bankruptcy, which meant I had to pay ALL of the marital bills. I couldn't afford an apartment for me and my two kids anymore, so I was forced to move the 3 of us into one room in my parents house for 9 months. Yes, I had a roof over my head, but statistically that is considered homeless. I got paid every two weeks and by the time I paid my bills, I had barely enough money leftover for gas to get to work. I learned to drink coffee then because I could drink it for free at work. My sister gave me a key to her house so I could go there on my lunch hour and raid her refrigerator once in awhile.

Didn't sell cakes from my mom's kitchen, didn't grow pot in my dad's garage, didn't accept money from men for "a night on the town".

I lost it all. And I worked hard one day at a time to show my children how you get thru the bad times. The right way. 25 years later, I have the best reward of all ..... my children tell their friends about their great mom who did "anything it took" to raise them right when times were hard.

" I have been through so much that I don't fear any more. Maybe it is the failures that have taught me to love to succeed or maybe it's the rejections that have toughened me." --- Author Unknown

Character is doing the right thing when nobody's looking. There are too many people who think that the only thing that's right is to get by, and the only thing that's wrong is to get caught. ----J.C. Watts

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kelleym Posted 21 Jul 2009 , 10:11pm
post #150 of 161
Quote:
Quote:

Didn't sell cakes from my mom's kitchen




But you started doing it later, right? From your own home? For a long time?

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