Talked To Health Inspector Today. Tell Me What You Think.
Business By wysmommy Updated 27 Jun 2007 , 4:48pm by fosterscreations
So he told me that I technically can't have a licenced kitchen at home to make cakes that are sold retail, only wholesale. HUH? What is the difference? He suggested I find a willing retailer who will let me just use their storefront to sell from (I make the special orders and do everything, I just have to work through them). It sounds like a pain.
He's really nice and told me that I could do my business with "word of mouth" and not have any problems.
I already have orders, people keep asking for my card. Think a card is a huge violation of the "word of mouth" thing?
Think if I put together a web site to show potential customers my work, I'm in danger of problems?
The guy told me he knows of 2 other wedding cake bakers in town. I'm kind of getting the "I'm not interested in busting you" vibe off of him. I was very clear with him that I don't want to be in violation of any laws or regulations and that I want to comply with whatever I need to.
I know here in Alabama, you can't have a home-licensed bakery either. You also can't advertise: cards, phone book, etc. Is there anyone you respect and trust that could answer your web page question that is a shop owner, etc? To me it would be advertising. What about asking the guy you talked with about the cards? I think it's an interesting question and I would like to know what he says.
Ok, I just spent a hour reading the state health code regulations (wooooo hooo exciting let me just tell you 
) Here's what I think I might try.
I'm going to call him on Monday and see if I can register to be a "Food Establishment" and get a retail permit. It appears that wording wise it doesn't exclude me and that it's subject to interpretation. I think, now that i've read the stuff, the reason he told me to look and see if I fall into any of the "catagories" was because he was trying to help me find some loopholes. That one might do it.
I just want to be legal and able to advertise. I live on a crazy busy street and a sign would be awesome. Plus people ask me for my information all the time and I'm sick of writing it on cocktail napkins.
I also remembered that there is a chocolate place in the next town over that has a sign and a retail space in a house. Their website says they make them right there and that for a year they made them in her personal kitchen.
Why is it so hard to do the right thing? Ahhh!
I was told that to bake from my home I am considered wholesale--I bake it and it goes out the door with my customer. I am not allowed to do retail--bake it at home and send it to a grocery store to be sold to the customer. To do that, I need a bakery permit because I would be in distribution. I am allowed to advertise any way I want as a wholesaler.
I know Iowa's rules are different than a lot of states, but that is what I was told as to the difference between retail and wholesale. Does that make sense?
To me retail means having a store front.
You can get a licensed kitchen in your home to bake commercially, but can't sell like a bakery store (i.e. have customer come in and out to buy the goods). This means you deliver the orders.
The reason for this is residential zoning. Neighbors don't want to have people in and out of your home, in their neighborhood, etc etc. You can't turn your home into a store basically (unless your city zoning permits it, and you would have to get a permit for a storefront through the city).
cupcake, I think you are totally right about the zoning. The good news is I have a church on one side of me (who could care less) and I live on a street that is largely zoned as commercial. I think I might be able to squeeze by if I have to.
elvis- If that is the way wholesale works, that's fine by me! I think I need to have him clarify it for me. He told me I would have to sell my stuff through a retail place as a wholesaler. Like the store down the street would have to take my orders and I would have to work through them. (A HUGE PAIN).
I think you guys are also right about the web page. I have to be careful that it is just to "share" pictures, not to advertise.
Katy-I'm in MA and I have to say I think the availability of "loopholes" vaires from town to town. I used to own a coffee shop in the next town over and the health inspector there would never have been this helpful.
Wysmommy,
Here's an idea....regarding your church next door;
Does the church have a working kitchen in it? Many do, and if so, they are licensed. You might approach them about renting their kitchen space occasionally to "legally" prepare your cakes.
Many churches where I've delivered wedding cakes have told me that if I wanted to, I could do that. Many have even said that they'd donate the use of the space, especially if it's for an event of any kind being held in their church.
Couldn't hurt to ask, right? Hope this gives you another option to work with. Good luck!
I was told that if you sell to a grocery store or bakery you need a commercial license or you need to make them at that facility so you fall under their permits, like an employee who gets paid per piece instead of per hour. Your home is like the wholesale supply warehouse, and by people getting it from you, they eliminate the middle man--the retailer, as well as the risk of catching every foodborne disease between your house and the store. That's the rule for me to sell out of my home anyway as told by my state bureau chief. But I'm in Iowa, and I know our state is very lenient compared to most. I would call the inspector and tell him you are a bit confused with that issue and just wanted to ask one more time to make sure you have it right. The way it was explained to me wasn't very clear either at first, until I went one step further and asked if she knew the reason why the law was that way. After she explained the why part, the light bulb went on and I realized I was understanding her backwards. If your inspector is that friendly and helpful, I would also ask him to try to be as candid as possible in giving you some tips on finding the loopholes. I'm a little brave that way. Just tell him you want to explore all your options so you can make an educated decision on how to best run your business, but still be in compliance with all the laws.
I was told that to bake from my home I am considered wholesale--I bake it and it goes out the door with my customer. I am not allowed to do retail--bake it at home and send it to a grocery store to be sold to the customer.
Usually retail and wholesale are the other way around. Selling to stores (or restaurants, etc) is wholesale. Selling to the final customer is retail.
you can have "presentation" cards..with your name and phone number ONLY.
that you can give to people when they ask how they can reach you.
it's a way around the "advertising" and easier to pull out a card from an apron pocket than to dig in your bag or car after you deliver for pen and paper..lol
I've also learned the biggest way to score "Brownie Points" is to ask your inspectors things you aren't sure of and want to be doing correctly. For me in MN, I can bake till I'm blue in the face and sell to people using the licensed space without having my own license... I can advertise all I want by going through an inspection every other year to have a license, HOWEVER, I cannot sell to a business who will then turn around and sell it to a customer unless I get a different license. From the way it sounds, it's not a big deal to get that other license, but it's still hassle, and I'm o.k. with how things are now.
Good luck! 
you can have "presentation" cards..with your name and phone number ONLY.
that you can give to people when they ask how they can reach you.
it's a way around the "advertising" and easier to pull out a card from an apron pocket than to dig in your bag or car after you deliver for pen and paper..lol
Thats a great idea.
A little story to tell. I have a license plate on the front of my car. It says "Got Cake? Cause I can hook you up." I was letting a gentleman walk across one day & he read my plate. He smiled really big & came to my window smiling. I rolled down the window thinking, he owns a bakery & wants me to come do his cakes 
. But he asked do you have a card? I had to say no 
cause I just do it out of my home I am not licensed. I drove away in litteral SHOCK . I went to have some cards make with just my name & # on them. Just in cause this happens again, then again, you never know who it could have been, health inspector, cake go-roo just like me, or just a person who needed a cake 
Now I will never know.
Monica...monica...WHY didn't you ask him if he had a card or where he was located...you missed out on an opportunity!!!!!!!!!!!!!!!
whaaaaaaaaaaaaaaaaaaaaaaa!! He may have let you use his kitchen..and by the way..where did you get that plate?? I'm needed one to replace my faded Betty Boop one..lol
Monica...monica...WHY didn't you ask him if he had a card or where he was located...you missed out on an opportunity!!!!!!!!!!!!!!!
whaaaaaaaaaaaaaaaaaaaaaaa!! He may have let you use his kitchen..and by the way..where did you get that plate?? I'm needed one to replace my faded Betty Boop one..lol
I know I did . Honestly I was in Cake shock I felt really speechless when he asked me. But I AM prepared now!! I promise. I swore that there will NEVER be another time like that.
You would not believe the smiles I get with that tag 
I love that thing
I work at a sign shop & the shop manager made it for me. Its mirror pink background w/ blue letters it matches my car.
Back on the subject. Is that tag "advertising"? 
that tag? dunno...and until someone complains...keep using it! that's why I'm thinking of doing a car wrap.
Since I do have a place, how cool would it be to park my car outside while we go in to deliver the cake?
here is a link to the thread and a prototype picture of the car..
http://forum.cakecentral.com/modules.php?name=Forums&file=viewtopic&t=59791&postdays=0&postorder=asc&&start=0
This thread has been VERY interesting & educational!
I agree about the cards with just your name & #- and maybe an image of a cake! No words, just the pic, maybe even just a "watermark" in teh background.
Or, be sure to hand-write the word "Cakes" on the back before giving it to someone. I've got a business card file with over 100 cards on it, and I always appreciate when someone writes a note on it so I remember more about them when I'm looking for their card!
I can't have a sign in my yard or put my address on my business cards just my phone number and website.
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