Do I Need A Lic. To Sell Cakes Out Of My Home In Ny?

Business By Bella-cakes Updated 20 Jul 2009 , 6:03pm by cakesdivine

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Bella-cakes Posted 19 Jul 2009 , 11:21pm
post #1 of 16

Hi I can't seem to find the answer to this question, can someone please HELP!! I live in Nassau county NY and I was wondering if I need a lic. or if I am even allowed to bake cakes in my home and sell them? If anyone has any information I would love to hear...Thanks! icon_biggrin.gif

15 replies
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FromScratch Posted 19 Jul 2009 , 11:49pm
post #2 of 16

You definitely need a license, but I am not sure of the specific rules for your area. I know in NY it varies from county to county if you are allowed to use your residential kitchen to sell foods to the public. The best thing you can do is give your health department and ask about the regs for where you are. icon_smile.gif

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kellykake Posted 20 Jul 2009 , 12:21am
post #3 of 16

In NYS it is illegal to sell bake goods - or any food - out of your residence, unless the residence is inaccessable from the rest of the house - like a seperate entrance. Then you'll need a license - check with the Health Department or the USDA. Once you do this, you'll also be subject to taxes, insurance, inspection fees, etc.

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kellykake Posted 20 Jul 2009 , 12:23am
post #4 of 16

In NYS it is illegal to sell bake goods - or any food - out of your residence, unless the residence is inaccessable from the rest of the house - like a seperate entrance. Then you'll need a license - check with the Health Department or the USDA. Once you do this, you'll also be subject to taxes, insurance, inspection fees, etc.

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cuteums Posted 20 Jul 2009 , 1:09am
post #5 of 16

It goes by county in New York State. I am in suffolk and the answer is no for Suffolk, Nassau & NYC. The other counties I am not sure of. Sorry it sucks, I know first hand.

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cuteums Posted 20 Jul 2009 , 1:11am
post #6 of 16

double post sorry

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MosMom Posted 20 Jul 2009 , 1:53am
post #7 of 16

I saw an article on CNN the other day about a woman in NY (at least I'm 99% sure it was NY) selling apple cakes out of her home to save her home. I'm thinking she isn't licensed and in the picture it looked like she was in her home kitchen. It made me wonder if the health dept. will be on her now or if there is a commercial kitchen involved somewhere I missed.

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CakeDiane Posted 20 Jul 2009 , 1:59am
post #8 of 16

When I checked into this for Nassau county, I was I COULD get a license to sell wholesale to restaurants etc. But I CAN'T get a license to make/sell cakes directly to the public...it makes NO sense to me

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MosMom Posted 20 Jul 2009 , 2:09am
post #9 of 16

So you can poison people en masse but not one at a time. icon_wink.gif

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auntmamie Posted 20 Jul 2009 , 2:48am
post #10 of 16

The woman selling apple cakes is in NJ - and there was a large post here yesterday on that.

As far as selling in NY - I was watching a wedding cake show (WE Tv, but not this season of AWC). The lady was making extremely high end wedding cakes, with a signature sugar chalice on top, hand painted, real gold leafing. She was making cakes in her home kitchen, in Manhattan (NY County). She must be licensed, but didn't have separate entrance - it was her actual tiny kitchen. So maybe NY County is different from what is posted above?

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MosMom Posted 20 Jul 2009 , 2:54am
post #11 of 16
Quote:
Originally Posted by auntmamie

The woman selling apple cakes is in NJ - and there was a large post here yesterday on that.

As far as selling in NY - I was watching a wedding cake show (WE Tv, but not this season of AWC). The lady was making extremely high end wedding cakes, with a signature sugar chalice on top, hand painted, real gold leafing. She was making cakes in her home kitchen, in Manhattan (NY County). She must be licensed, but didn't have separate entrance - it was her actual tiny kitchen. So maybe NY County is different from what is posted above?




Oh, well shame on me for being busy with a wedding cake and missing that large post.

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kay52178 Posted 20 Jul 2009 , 11:36am
post #12 of 16

It depends on the county. I live in Erie County and I have a licence to sell baked goods out of my house, but I have restrictions. For example, I can not sell anything that needs to be refrigerated.

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auntmamie Posted 20 Jul 2009 , 4:48pm
post #13 of 16

MosMom - I didn't mean to put you down - Truly I didn't, and I'm sorry if I made you feel that way.

BTW - Love the picture in your signature, and the cake in your avatar. Well done!

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chqtpi Posted 20 Jul 2009 , 4:55pm
post #14 of 16

Im in Cayuga county and you are allowed to sell items out of your house, but there are restrictions. only baked goods, jellies, jams, sauces, single crust pies, no double crust (why i have NO idea), that kind of thing, but like someone else said, nothing that has to be refrigerated. There are also quite a few Amish/Menonite stores around here with items prepared in their home kitchens, I'm not quite sure how they get around that, quite honestly.

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IHATEFONDANT Posted 20 Jul 2009 , 5:09pm
post #15 of 16
Quote:
Originally Posted by auntmamie

The woman selling apple cakes is in NJ - and there was a large post here yesterday on that.

As far as selling in NY - I was watching a wedding cake show (WE Tv, but not this season of AWC). The lady was making extremely high end wedding cakes, with a signature sugar chalice on top, hand painted, real gold leafing. She was making cakes in her home kitchen, in Manhattan (NY County). She must be licensed, but didn't have separate entrance - it was her actual tiny kitchen. So maybe NY County is different from what is posted above?




You are probably talking about Margaret Braun. She does work out of her kitchen, it is tiny and she keeps it at 60degrees at all times.

NY is tough on bakers from homes. They like to collect their fees and will tax you to death for everything.

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cakesdivine Posted 20 Jul 2009 , 6:03pm
post #16 of 16

even if you are in a state that allows home baking, you will still have the requirement of getting licensed.

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