Can I Just Vent/complain About Something For A Second...
Decorating By confectionsofahousewife Updated 6 Mar 2010 , 2:42am by jackmo
Oh wow, this thread totally took off after I posted a reply last night! I just read all 5 pages of posts and no way can I quote and refer to all of the statements I want to respond to.
Just this, I don't think any slamming was going on and I don't think that was ever the intent. I thought I was commiserating with someone in the same situation as I am in and I think that's what the OP wanted to do.
I personally don't care who bakes legally or illegally and I would never turn anyone in. The frustration comes from the fact that I would love to be able to sell cakes but I am afraid of (and I'm not willing to pay) the consequences, which from what I understand, are quite steep in my state.
Now, I am completely legal and rent space in a legal kitchen. I didn't give out a brochure or business card or do ANY type of advertising at all until I was completely legal.
I just wanted to get my little vent in also. sorry for hijacking.
Congrats on being legal! No worries about hijacking. We are in neighboring states! I have people ask all the time if I have business cards. Nope, I'm not a business. I am donating 100 cupcakes to a fundraiser for a local nonprofit in may and the girl that asked me to do them asked to me attach a business card to each one so I would get more business. I am sure I would get tons of business because it is a charity ball for high binders and there would probably be lots of people there who would pay for good quality cakes but I just can't do it. Maybe someday...
I'm sure people have asked her if she was legal or not or if she works from home. And if they decide to go with her after knowing that she works from her own kitchen, then that would be on them.
If you want to sell cakes then you will. You have to start somewhere.
Thats how I started, lots and lots of free cakes. Never for the money, for practice and experience. People learned about me, I learned about cakes. And when it came to the point that I might have something real to offer I went around local places looking for reasonable rent. Renting per hour but right across the street and allows me to advertise and gives me piece of mind. May be if you look around, I dont know, churches, restaurants, may be you will be able to find a solution?
If people are willing to cut corners on getting licensed, what else are they cutting corners on? Sanitation? Do they even know about that? I'm thinking once again of the woman with the illegal business who had a photo of her dog sitting in the background of her cake photos.
I don't hire unlicensed workers regardless of the profession, I want to set an example for my kids that you should do things the right way.
Many businesses take a loss, but they hope to and intend to profit, right? What business goes out and says "Well, if I make money, so be it, but I'm really not planning for it or hoping for it."
The law, as written, in my opinion, is NOT about fair collection of taxes or public safety in this case. Inspections, yes, sanitized work place, yes, filing taxes, sure. I understand why that exists.
But the laws like "getting the ingredients covered by grandma is illegal" is simply over regulating. And, I might add, even the health dept guy I talked to had to agree that all the discrepancies in the laws (ie, it's ok to bake 1000 cakes for non-profit out of an unlicensed kitchen - no fear of food poisoning there, but heaven forbid one wedding cake for money!) is because of lobbyists in my state.... not because the rules actually make sense.
Yes but just because you don't agree with a law or it does not make sense still does not give anyone the right to break it or ignore it exists. Oh and here in my neck of the woods it is illegal to even give a cake to a bake sale for sale that is made in a home kitchen, granted it is never policed but the bottom line is that if a HD agent goes to a bake sale and all the stuff is from their home kitchens that agent can and probably will shut it down. Some counties/cities/states do have accommodations for bake sales but, I don't happen to live in one of those. So I rent a commercial kitchen, paid the fee, got the inspection and insurance so I can sell my cakes.
Because it is illegal & I love to make and decorate them. I make and decorate them then GIVE them away. I donated ONE to my church and now you're telling me that even THAT is illegal? I found out I couldn't really do it as a business, because of all the legalities, never mind the cost of ALL those classes I took, but, you would think you could DONATE them to your church. Really! Guess I won't be doing that again.
Many businesses take a loss, but they hope to and intend to profit, right? What business goes out and says "Well, if I make money, so be it, but I'm really not planning for it or hoping for it."
The law, as written, in my opinion, is NOT about fair collection of taxes or public safety in this case. Inspections, yes, sanitized work place, yes, filing taxes, sure. I understand why that exists.
But the laws like "getting the ingredients covered by grandma is illegal" is simply over regulating. And, I might add, even the health dept guy I talked to had to agree that all the discrepancies in the laws (ie, it's ok to bake 1000 cakes for non-profit out of an unlicensed kitchen - no fear of food poisoning there, but heaven forbid one wedding cake for money!) is because of lobbyists in my state.... not because the rules actually make sense.
Yes but just because you don't agree with a law or it does not make sense still does not give anyone the right to break it or ignore it exists. Oh and here in my neck of the woods it is illegal to even give a cake to a bake sale for sale that is made in a home kitchen, granted it is never policed but the bottom line is that if a HD agent goes to a bake sale and all the stuff is from their home kitchens that agent can and probably will shut it down. Some counties/cities/states do have accommodations for bake sales but, I don't happen to live in one of those. So I rent a commercial kitchen, paid the fee, got the inspection and insurance so I can sell my cakes.
First, I hope you know this all in good spirit and a fun debate. Just to make sure no one thinks I'm getting mad or mean!
In that spirit, may I point out that it is also illegal to have oral sex in some states? Would you also agree, then, that the law must/should be followed there? 
I don't consider myself an illegal caker. In fact, I constantly turn down "orders" because I will not sell my goods until I somehow find a place to rent. So I'm with you - I want to do it right when I have a business. I just still don't consider it a business if there is no intent to profit, and from what I can tell, even the health department (here) doesn't waste it's time on someone getting money for ingredients from their own mother or sister or best friend if they are not profiting nor intending to profit.
And also, to OP, sorry to get off track, I know that this thread wasn't about illegal vs legal. I just can't resist a good spirited debate sometimes!
If people are willing to cut corners on getting licensed, what else are they cutting corners on? Sanitation? Do they even know about that? I'm thinking once again of the woman with the illegal business who had a photo of her dog sitting in the background of her cake photos.
I don't hire unlicensed workers regardless of the profession, I want to set an example for my kids that you should do things the right way.
Many businesses take a loss, but they hope to and intend to profit, right? What business goes out and says "Well, if I make money, so be it, but I'm really not planning for it or hoping for it."
The law, as written, in my opinion, is NOT about fair collection of taxes or public safety in this case. Inspections, yes, sanitized work place, yes, filing taxes, sure. I understand why that exists.
But the laws like "getting the ingredients covered by grandma is illegal" is simply over regulating. And, I might add, even the health dept guy I talked to had to agree that all the discrepancies in the laws (ie, it's ok to bake 1000 cakes for non-profit out of an unlicensed kitchen - no fear of food poisoning there, but heaven forbid one wedding cake for money!) is because of lobbyists in my state.... not because the rules actually make sense.
Yes but just because you don't agree with a law or it does not make sense still does not give anyone the right to break it or ignore it exists. Oh and here in my neck of the woods it is illegal to even give a cake to a bake sale for sale that is made in a home kitchen, granted it is never policed but the bottom line is that if a HD agent goes to a bake sale and all the stuff is from their home kitchens that agent can and probably will shut it down. Some counties/cities/states do have accommodations for bake sales but, I don't happen to live in one of those. So I rent a commercial kitchen, paid the fee, got the inspection and insurance so I can sell my cakes.
i must say that first off, i dont know much about caking laws, which is why i asked my question. that being said, i do know a bit about other laws. From my understanding, the law is open to interpretation. As long as you can back up your "interpretation" you will be able to argue your case in a court of law. Is this not how barristers (lawyers) make a living?
Sorry, im in aus, so it may be different here..
also sorry if that came off sounding mean.. wasnt my intention.
In that spirit, may I point out that it is also illegal to have oral sex in some states? Would you also agree, then, that the law must/should be followed there?
Very good point!
Oh and no worries about getting off topic!
Because it is illegal & I love to make and decorate them. I make and decorate them then GIVE them away. I donated ONE to my church and now you're telling me that even THAT is illegal? I found out I couldn't really do it as a business, because of all the legalities, never mind the cost of ALL those classes I took, but, you would think you could DONATE them to your church. Really! Guess I won't be doing that again.
Depends on where you live. I live in Texas and the county that I live in in Texas doesn't allow any home baked goods to be given for resale such as a bake sale, but If I want to donate free cakes to the church for them to serve for free as well it is fine. Personally I don't understand the logic of that law, but it is what it is.
I am a member of the Retail Bakers of America and we have an online forum that discusses this topic from time to time. In the olden days, there were ladies in the neighborhood who would make wedding cakes for young brides and grooms and that was the way it was done.
As the economy has gotten more difficult a couple of things have happened...1. Supermarkets have gotten into the cake business and wedding cakes as well. They are the big boys. What they want they usually get. I have noticed that all over the country the counties are doing the same thing, preventing women from being able to make some spending money by making cakes at home and selling them or even giving them away.
2. The retail bakeries really don't like the competition from the home baker because the retail bakery has to comply with health codes, insurance, employees, workman's comp and the like. They resent the fact that the home baker has virtually no overhead because they have to pay for their living place anyway.
That is how I see this issue and it is a shame. A book needs to be written capturing the home cake maker because this country is doing its darndest to make them a thing of the past.
Hope you have many successes in baking at home.
Many businesses take a loss, but they hope to and intend to profit, right? What business goes out and says "Well, if I make money, so be it, but I'm really not planning for it or hoping for it."
The law, as written, in my opinion, is NOT about fair collection of taxes or public safety in this case. Inspections, yes, sanitized work place, yes, filing taxes, sure. I understand why that exists.
But the laws like "getting the ingredients covered by grandma is illegal" is simply over regulating. And, I might add, even the health dept guy I talked to had to agree that all the discrepancies in the laws (ie, it's ok to bake 1000 cakes for non-profit out of an unlicensed kitchen - no fear of food poisoning there, but heaven forbid one wedding cake for money!) is because of lobbyists in my state.... not because the rules actually make sense.
Yes but just because you don't agree with a law or it does not make sense still does not give anyone the right to break it or ignore it exists. Oh and here in my neck of the woods it is illegal to even give a cake to a bake sale for sale that is made in a home kitchen, granted it is never policed but the bottom line is that if a HD agent goes to a bake sale and all the stuff is from their home kitchens that agent can and probably will shut it down. Some counties/cities/states do have accommodations for bake sales but, I don't happen to live in one of those. So I rent a commercial kitchen, paid the fee, got the inspection and insurance so I can sell my cakes.
First, I hope you know this all in good spirit and a fun debate. Just to make sure no one thinks I'm getting mad or mean!
In that spirit, may I point out that it is also illegal to have oral sex in some states? Would you also agree, then, that the law must/should be followed there?
I don't consider myself an illegal caker. In fact, I constantly turn down "orders" because I will not sell my goods until I somehow find a place to rent. So I'm with you - I want to do it right when I have a business. I just still don't consider it a business if there is no intent to profit, and from what I can tell, even the health department (here) doesn't waste it's time on someone getting money for ingredients from their own mother or sister or best friend if they are not profiting nor intending to profit.
And also, to OP, sorry to get off track, I know that this thread wasn't about illegal vs legal. I just can't resist a good spirited debate sometimes!
And there again it depends on where you live and how stringent the HD in your area is about it all.
And honestly the only person's whose interpretation of the laws that the HD has to uphold is that individual HD person who polices where you live. If they want to fine you they will, if they are lazy and/or personally don't believe in the law they are hired to inforce then more than likely they will look the other way. Happens all the time, but the opposite happens all the time too. And right now here in Texas because we came close with a bill to change that law last year, they are on the warpath to catch illegals, especially under a microscope are the brave souls who put their faces to the cause. And like I said before, even if the law passes there will still be those that will not do what it takes to get legal, basically because they either don't feel the laws apply to them, or it is just in their personal nature to defy authority.
I am a member of the Retail Bakers of America and we have an online forum that discusses this topic from time to time. In the olden days, there were ladies in the neighborhood who would make wedding cakes for young brides and grooms and that was the way it was done.
As the economy has gotten more difficult a couple of things have happened...1. Supermarkets have gotten into the cake business and wedding cakes as well. They are the big boys. What they want they usually get. I have noticed that all over the country the counties are doing the same thing, preventing women from being able to make some spending money by making cakes at home and selling them or even giving them away.
2. The retail bakeries really don't like the competition from the home baker because the retail bakery has to comply with health codes, insurance, employees, workman's comp and the like. They resent the fact that the home baker has virtually no overhead because they have to pay for their living place anyway.
That is how I see this issue and it is a shame. A book needs to be written capturing the home cake maker because this country is doing its darndest to make them a thing of the past.
Hope you have many successes in baking at home.
This is, essentially, what I was saying about lobbyists in my state. Big business makes it hard for little business on purpose. If a group is big enough and loud enough, though, then they get exceptions to the rules. In my state, that would be the bed and breakfasts and the non-profits. Basically, the HD guy said that those two groups pushed hard enough to get the law changed for them. Therefore, the reason that home bakeries are a public safety hazard (the reason for our law here), makes no sense when a bed and breakfast can serve 16 people daily from their home, and a non-profit can sell 1000 a cakes a day if they want, from their home. Where is the concern for the public safety there, huh?
Now, I personally don't want to sell from my home kitchen as a business because I have small kids and can't get any peace to work with. But I do want to be able to work out of a second kitchen or converted garage in my home... I am completely willing to be inspected by the HD, to have to pay the fees, to have the insurance, all that. I just don't think there is any reason my garage kitchen has to be 100% commercial. There is NO good reason for that. And that is where big business comes in and makes it near impossible for the little guys. "hmmm, if we make it so that you have to have a commercial kitchen, almost no one can compete with us! Perfect" lol, or at least that's how I imagine it went.
My thought, as I've posted elsewhere before, is that home baked goods should be allowed to be sold as long as they are labeled "Produced in a home kitchen." In this case, people have the choice of whether to purchase or not, the same way that they can purchase other health risks (cigarettes, alcohol, undercooked burgers, etc). The consumer has the right to choose where they get their baked goods. Even if this was the case, like I said, I'd personally still opt for a second kitchen (beyond the occasional cake for family and friends) simply for the space and child free zone, but that doesn't mean I don't think others shouldn't have the right to use their home kitchen.
It irks me that it's ok for someone to buy a ton of cigarettes and risk lung cancer but heaven forbid they buy a birthday cake made in a house. Inform the customer of the difference but let them choose.
Only reason that won't fly has zero to do with public safety and everything to do with 1) the HD wanting their licensing fees and 2) the big bakeries wanting to squash the little guy.
IMHO. 
And right now here in Texas because we came close with a bill to change that law last year, they are on the warpath to catch illegals, especially under a microscope are the brave souls who put their faces to the cause. And like I said before, even if the law passes there will still be those that will not do what it takes to get legal, basically because they either don't feel the laws apply to them, or it is just in their personal nature to defy authority.
Ah, such a good use of our HD... so glad state or county money is spent on policing something as silly as this. You wonder if they might be able to hire less people, spend less money, if they weren't sending people on on the tails of capturing the elusive, dangerous home baker?
Larkin I do agree with you, the laws are stupid, and they do defy logic, especially in the case of the B&B's, they are contridictary to the very claims the opposition makes.
Luckily where I live you don't have to have commercial equipment, but you do have to have a separate structure that does not have a direct entrance into your home. You can use an attached garage as long as the door that connects to it is walled up and an exterior entrance is created. Or an entirely separate structure. The 3 sinks must be large enough to completely immerse your largest pan. I have seen many a food establishment here locally with regular sinks they bought at home depot with double sink then a separate 3rd sink placed into the countertops. Residential ovens, residential refrigerators & freezers. You can even purchase the plastic utility sinks and set them up side by side and pass. When my mom & I had our restaurant all of our equipment except our 3 sink (because I wouldn't budge on that personally) was residential equipment. Now that is just in my county, if you go into the nearest city or the next county over, the rules are totally different. Crazy? Yes.
2. The retail bakeries really don't like the competition from the home baker because the retail bakery has to comply with health codes, insurance, employees, workman's comp and the like. They resent the fact that the home baker has virtually no overhead because they have to pay for their living place anyway.
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Hi-- I have a licensed and inspected home business, so it does depend on where you live. The supermarkets aren't my competition anyway, because they don't do what I do. I see your point, though.
This is, essentially, what I was saying about lobbyists in my state. Big business makes it hard for little business on purpose. If a group is big enough and loud enough, though, then they get exceptions to the rules. In my state, that would be the bed and breakfasts and the non-profits. Basically, the HD guy said that those two groups pushed hard enough to get the law changed for them. Therefore, the reason that home bakeries are a public safety hazard (the reason for our law here), makes no sense when a bed and breakfast can serve 16 people daily from their home, and a non-profit can sell 1000 a cakes a day if they want, from their home. Where is the concern for the public safety there, huh?
Now, I personally don't want to sell from my home kitchen as a business because I have small kids and can't get any peace to work with. But I do want to be able to work out of a second kitchen or converted garage in my home... I am completely willing to be inspected by the HD, to have to pay the fees, to have the insurance, all that. I just don't think there is any reason my garage kitchen has to be 100% commercial. There is NO good reason for that. And that is where big business comes in and makes it near impossible for the little guys. "hmmm, if we make it so that you have to have a commercial kitchen, almost no one can compete with us! Perfect" lol or at least that's how I imagine it went.
My thought, as I've posted elsewhere before, is that home baked goods should be allowed to be sold as long as they are labeled "Produced in a home kitchen." In this case, people have the choice of whether to purchase or not, the same way that they can purchase other health risks (cigarettes, alcohol, undercooked burgers, etc). The consumer has the right to choose where they get their baked goods. Even if this was the case, like I said, I'd personally still opt for a second kitchen (beyond the occasional cake for family and friends) simply for the space and child free zone, but that doesn't mean I don't think others shouldn't have the right to use their home kitchen.
It irks me that it's ok for someone to buy a ton of cigarettes and risk lung cancer but heaven forbid they buy a birthday cake made in a house. Inform the customer of the difference but let them choose.
Only reason that won't fly has zero to do with public safety and everything to do with 1) the HD wanting their licensing fees and 2) the big bakeries wanting to squash the little guy.
IMHO
My HD license is Risk Category II which means I make items for people to eat, Risk Category I is a market selling packaged items.
The smart thing to do if you want to make cakes to sell is to find a commercial bakery to rent. As I mentioned to you in the e-mail, I share my studio here in Seattle because it is so hard for cake makers to find commercial space to bake wedding cakes which are not like other baked goods or catered foods. They are in a category all their own.
I also believe that wedding cakes and cake making should be a separated area of study in the culinary schools because they involve the sugar arts more than pastry making or bread baking. I hope to join the ICAP this year..International Association of Culinary Professionals and I want to pose this idea to them at the next annual meeting in Portland.
The culinary schools need to separate out the teaching of wedding cakes and the sugar arts from the rest of pastry making. It will be alot more efficient. If cake makers want to go on to become pastry chefs, that can easily be done. I teach a whole lot of pastry chefs to make wedding cakes.
Back to the topic at hand, try to find a commercial kitchen to rent near where you live. You also have a cake maker in your area called A Tier Above who is making wonderful cakes. I would try to make contact with that person and get some tips. Tacoma should have caterers or even the Elks Clubs or Rotary Clubs have commercial kitchens that they are probably willing to share these days.!!
This is, essentially, what I was saying about lobbyists in my state. Big business makes it hard for little business on purpose. If a group is big enough and loud enough, though, then they get exceptions to the rules. In my state, that would be the bed and breakfasts and the non-profits. Basically, the HD guy said that those two groups pushed hard enough to get the law changed for them. Therefore, the reason that home bakeries are a public safety hazard (the reason for our law here), makes no sense when a bed and breakfast can serve 16 people daily from their home, and a non-profit can sell 1000 a cakes a day if they want, from their home. Where is the concern for the public safety there, huh?
Now, I personally don't want to sell from my home kitchen as a business because I have small kids and can't get any peace to work with. But I do want to be able to work out of a second kitchen or converted garage in my home... I am completely willing to be inspected by the HD, to have to pay the fees, to have the insurance, all that. I just don't think there is any reason my garage kitchen has to be 100% commercial. There is NO good reason for that. And that is where big business comes in and makes it near impossible for the little guys. "hmmm, if we make it so that you have to have a commercial kitchen, almost no one can compete with us! Perfect" lol or at least that's how I imagine it went.
My thought, as I've posted elsewhere before, is that home baked goods should be allowed to be sold as long as they are labeled "Produced in a home kitchen." In this case, people have the choice of whether to purchase or not, the same way that they can purchase other health risks (cigarettes, alcohol, undercooked burgers, etc). The consumer has the right to choose where they get their baked goods. Even if this was the case, like I said, I'd personally still opt for a second kitchen (beyond the occasional cake for family and friends) simply for the space and child free zone, but that doesn't mean I don't think others shouldn't have the right to use their home kitchen.
It irks me that it's ok for someone to buy a ton of cigarettes and risk lung cancer but heaven forbid they buy a birthday cake made in a house. Inform the customer of the difference but let them choose.
Only reason that won't fly has zero to do with public safety and everything to do with 1) the HD wanting their licensing fees and 2) the big bakeries wanting to squash the little guy.
IMHO
My HD license is Risk Category II which means I make items for people to eat, Risk Category I is a market selling packaged items.
The smart thing to do if you want to make cakes to sell is to find a commercial bakery to rent. As I mentioned to you in the e-mail, I share my studio here in Seattle because it is so hard for cake makers to find commercial space to bake wedding cakes which are not like other baked goods or catered foods. They are in a category all their own.
I also believe that wedding cakes and cake making should be a separated area of study in the culinary schools because they involve the sugar arts more than pastry making or bread baking. I hope to join the ICAP this year..International Association of Culinary Professionals and I want to pose this idea to them at the next annual meeting in Portland.
The culinary schools need to separate out the teaching of wedding cakes and the sugar arts from the rest of pastry making. It will be alot more efficient. If cake makers want to go on to become pastry chefs, that can easily be done. I teach a whole lot of pastry chefs to make wedding cakes.
Back to the topic at hand, try to find a commercial kitchen to rent near where you live. You also have a cake maker in your area called A Tier Above who is making wonderful cakes. I would try to make contact with that person and get some tips. Tacoma should have caterers or even the Elks Clubs or Rotary Clubs have commercial kitchens that they are probably willing to share these days.!!
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tobeydechristopher wrote:
2. The retail bakeries really don't like the competition from the home baker because the retail bakery has to comply with health codes, insurance, employees, workman's comp and the like. They resent the fact that the home baker has virtually no overhead because they have to pay for their living place anyway.
.
Hi-- I have a licensed and inspected home business, so it does depend on where you live. The supermarkets aren't my competition anyway, because they don't do what I do. I see your point, though.
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The supermarkets are a force that has been driving neighborhood bakeries out of business. If the neighborhood bakery is struggling, they don't want to compete with cake makers who have no overhead and who don't have to comply with local health codes. I have been baking for over 30 years professionally and I have never seen such clamp downs on the home baker. In Seattle, a home baker with a garage conversion was arrested for making cookies in his home based operation. A woman was fined very heavily for making cakes in her home. It is unfortunate, but whatever is responsible for making it so hard for home cake makers, the fact remains, it is not advisable to make cakes at home in an unlicensed location.
Call me silly, but I don't see why you are so annoyed? Their cakes may not be up to your quality of cakes, but they think they are good enough to sell them. That's up to them. (I'm not even getting into the legal/illegal situation).
Locally, we have a TERRIBLE magazine. As a former journalist (and still one at heart), this magazine is everything a magazine should NOT be. Do I crack on it? Yes, but only to my family. Is it irriating seeing someone the beauty of journalism? Of course. BUT, she is doing something I haven't had the courage to do. She has found advertisers, printers, distributors, etc... all while I still sit here and dream about having my own magazine.
Thanks for your comment, its terrible to put down someone elses work because you are not getting business. With some of the attitudes on here, I see why they are not getting business.
This one always boggles my mind the most.... having someone pay for the ingredients but no more does not allow profit. If there is NO INTENT for profit and no profit is being made, exactly how can anyone claim it is a business? I'd argue that the very definition of a business is an entity that intends a profit.
Non-profit kitchens have to be health dept inspected and licensed. They have no "intent" of making a profit, but they are not permitted to dish out food to the public without a health permit.
The gov't doesn't care that you're a lousy business person who can't figure out a pricing structure. GM didn't make a profit for years but they were still considered a business. "Intent" is subjective. I know someone who worked hard to show a loss in their biz for the tax benefits. Their "intent" was to show a loss, but they were a business.
Yes, it sucks that it takes a lot of money to start a business, but welcome to the real world, folks. we are not a Socialist Republic where everyone has the same income and the same size house and the same size paycheck. Investing in your business is taking a risk; the reward for taking a risk is the opportunity to make a profit.
This is all the cool stuff that was taught in our business and economics classes in high school.
It irks me that it's ok for someone to buy a ton of cigarettes and risk lung cancer but heaven forbid they buy a birthday cake made in a house. Inform the customer of the difference but let them choose.
Only reason that won't fly has zero to do with public safety and everything to do with 1) the HD wanting their licensing fees and 2) the big bakeries wanting to squash the little guy.
Cigarettes are legal because they are big income to the gov't. Everytime the gov't needs more money, they tax cigarettes. So it's logical that your 2nd point would be true .... licensing fees (and that public safety bug-a-boo thing!) 
i live in ohio. and ohio has what you call a cottage law. you can bake and sell from your home as long as you don't have carpet in your kitchen or pets in your home. in face two cake companies here in ohio started in their homes. now they have their own building. personally i feel what the other person is doing is really none of my bussiness. people breaking the law all around but that is between them , and the law. To post one's website , on cc , to me is a little catty. Why raise your blood pressure up over some one who is doing something, that is breaking the law? Life is stressfull enough. yes i can bake from my home, but personally, i rather have my own kitchen, where i can have peace and quiet to do what i love to do.
You may want to remember, after all this is CC, half the people on this site, if not more, charge and aren't licensed. Not to sure if slammin' those that do is such a good idea. Just a thought.
Definitely not trying to slam people on here. Just the two girls in my area. I understand WHY people charge who aren't licensed. It is very tempting. Although I think that I would have a hard time turning a profit (i.e. being able to justify charging what my cakes would actually be worth) if I wasn't a licensed business. Although I did once accept a pair of running tights in exchange for a cake
So, no one take offense please. This was not meant to be a licensed vs. unlicensed post, just an i-hate-those-girls-because-they-charge-and-i-cant-and-my-cakes-are-better-than-theirs post! Frankly, it would still annoy me even if they were licensed because their cakes suck and I don't have space for a second kitchen at this point to even get licensed.
Don't let the two ladies discourage you. always remember this wrong always seen to prosper at first, but eventually wrong will come to an end.
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