I am curious about all of the posts where people refer to a home baker being fined. While I am aware of a couple of individuals who have been questioned or warned by their local health department, I only know one person in Texas who received a fine. And she was operating a pretty large business. So, what's the real deal? Does the health department have enforcement officers that can write tickets? Is there a court date like a speeding ticket? Is there an appeals process? By what means can the Health Dept. enforce payment of the fine? Does anyone have a picture of a fine that they would be willing to share?

One person I talked to said the first fine was $300 the second $600 the third $1500 and possible jail time. Has anyone heard of an actual case where a cake decorator was thrown in jail? I heard the Ace of Cakes himself ran his business illegally for many months until the Health Department showed up. Even then he said he wasn't selling cakes, that he was an artist. What could they do? Run a sting operation?

I'm asking these questions not to skirt the law, (I bake for a hobby); but rather to understand how much of this is fear-based and how we can understand the motives and methods of the health depts. For example, how does a government agency have the authority to pass on fines without an appeals process or legal review.

Anyone who can offer insight to this is much appreciated.

I'm curious too! I was telling my DH about the other thread talking about Houston being saturated with legal and illegal bakers. He asked how the illegal ones get caught and how much was the fine. I could only shrug and guess that they got tattled on by customers or competition. I could only assume the fine would be significant enough to shut them down.

I think leahs said she got caught but I don't know if she was fined or not.

This subject has come up before and tends to become heated. Here is another thread:

http://cakecentral.com/modules.php?name=Forums&file=viewtopic&t=224761&postdays=0&postorder=asc&&start=0

Bottom line: yes people have been caught and fined. The amount of the fines and degree to which your local health department cares or follows through depend on the laws in your state and county.

I haven't been approached by the health department because I don't run a cake business from home. I just do cakes for family functions as often as I can and I work in a grocery store bakery. Someone on CC said she called up her local health department asking the same questions you are and all she was told was that IF she was turned in, she would get a visit from a health official telling her to stop what she's doing. They actually then encouraged her to go for it. Then there are stories of people getting fined and shut down. I think it all just depends of where you are.

I myself don't sell cakes from home simply because I know I'm not supposed to. For whatever reasons that I don't understand, my state doesn't want me to. It's an integrity issue for me. If I'm going to have a business, I want it to be legal. If that means building a separate building on my property or renting a commercial kitchen, then that's what I'm saving my pennies for. It sucks and I don't want to, especially when I know there are people baking and selling from their home kitchen, but I don't want to be the one the state decides to make an example of. Doesn't matter if the fine is $50, jail time, or a simple cease and desist letter, I don't want that kind of a mark on my record.

A personal friend ran her catering business out of her home. She put up a website and within 30 days the health dept was knocking on her door. HD's bosses had told them to "scour the internet" and shut down the home food businesses. She was told to shut down immediately. It was very stressful as she had caterings on her books and now no place to operate. She lucked out and found a church kitchen. She told me that if the HD had returned and found her operating in her home, after being warned, they told her she would pay a stiff fine.

My HD inspector told me she gets a list of all vendors who participate in bridal shows. She checks them all out. Told me she had to shut down 3 cake ladies from that year's show ... went to their home and shut them down.

Now, these stories do not have fines, per se, but the cost was loss of business. It concerns me that the inquiries on this thread seem more worried about "do I REALLY have to pay something?" and less concerned about being busted. It concerns me that the inquiries are weighing the 'cost' of being caught, i.e. if it's only a $300 fine, then pay the fine and keep on working.

I really hope that's not what's being said.

Thank you!

Yes, I got caught. I had a Bed and Breakfast license (which I also still own) which allowed me to serve breakfast only for registered guests only. A friend opened up a little store and deli and asked me to make cakes and cookies for the display cases. I said, "sure." HD inspector came in, said "Those cakes look really nice. Who's doing them?"

ring ring next day.

So although I had "a" license, I didn't have a catering license which I needed. The catering license required some quick ($$$) kitchen renovations (throw $ at the problem and get it fixed was the game plan) and a reinspection and a new license.

Now, since I had been licensed for many years as a B&B and they knew me and knew I am a chef and have had ServeSafe training, they gave me 6 weeks, I think, to get my act together. This was nearly 11 years ago. The memory fades a bit on the smaller details.

Bottom line is, the HD inspectors in most any locale can shut you down at the time of inspection. They slap a big ol sticker on your front door saying "Closed by order of the Health Department." Oh yeah.

Whether there are fines involved depends on how your local and state codes and ordinances are written.

Don't ever think the HD inspectors have no real power. They have total power over you if you are a food business. Total. Control.

Who are they? Again it depends on your local codes and regs. Here, ours are usual trained in food science, frequently at a masters degree level. It is not an "entry level job" for sure. Around here, they really want to work with you and help you meet the requirements, but you can't be stupid or flippant with them, because like I said above, the bottom line is, they have total control over you.

HD inspectors should be given the utmost respect. They can be your friends. Or your worst enemy.

I was reading another thread on here somewhere just this morning about someone who got caught and from the thread it seemed that there was no fine, but she was going to be shut down for an extended period of time before she could even apply for a license. So in that case the fine was not monetary, but a complete cessation of business for a period of time.

The HD is a government office in my area. "These people" are very well versed and educated in food safety, have bachelor's and master's degrees and have every authority to fine someone who is found to be breaking the law. Now that is not generally their first move but it can happen.

Like IndyDebi, I am concerned about the tone here but to each his/her own.

That said, the HD is not against you or out to get you. They are there to look after public safety and I have found them to be very helpful.

Texas broken hearted cake decorator
http://cakecentral.com/modules.....40#6806340

Thank you for attaching the thread!

You can look up the fines in your area. I looked them up when I lived within San Antonio city limits, and operating a food business from your home was a class c misdemeanor, with a fine up to $500 for the first offense. You don't go to jail for a class c misdemeanor, it's the same level offense as a traffic ticket. If you can't pay the fine then you might go to jail. I heard on the news recently that someone was fined $3000 for selling food without a license and from their home, but it was unclear from the story why the fine was so large.

From what I understand, the definition of a cake business rather than baking for friends and family is somewhat subject to interpretation by the different health departments. So if you live in a county with only one health inspector and that health inspector doesn't consider what you do to be a business, then you would be able to do your thing...but if you live in a city with 20 health inspectors then even if one tells you that you can make the occasional cake without a problem, you would have to worry about what the other 19 considered to be a business, or what a judge would consider to be a business.

This is a side note and I agree with indideb and leahs. My take on the situation is it really does not come down to the monetary fine but to a process wby which you and your customers can feel confident that your products are coming from a safe kitchen and from a baker who understands the safest means to providing a product.

Every time I move my business I double check with both the HD & the Dept of Ag. I also check with the county & the home owners associations (yea some HOAs have strong veiws on this too) ..... I find all departments very helpful and like the others said not out to get you.. They want the business to succeed, it means more $$ for them... & looks good on their resume's too... "small business friendly community".

I am sure that if you question the process you can appeal it, but at what leagal expense??? & are you willing to go that far?? Is it really worth the time & hassel?? & to what damage might you give your credibility or business?? Remember these people (inspectors) are human too and have a job to do & families to take care of... they are not monsters...
There are people on both sides with attitudes (& bad days).. which side will you be on in the end??

I'm pretty sure there's a fine to be paid if I get caught in my village. My MIL called and reported me (I am NOT nor have I ever been a business) to the dept of agriculture. I finally spoke with the inspector and he told me that they had "checked me out" and knew I'm not a business. Then he proceeded to give me the requirements to being a legal baker. Doesn't really requires much (they don't even want you using commercial grade equipment, lol) but I can't sell directly to customers and if I decide to sell at a farmers market I can only sell cakes with no icing. What's the point. lol

So I will continue to bake as a hobby and experiment on my friends and family without having to worry about every phone call/email from a potential "client" who is really a health inspector.

I don't know if there are any health inspectors on this forum. If you want exact dollar amounts, who they report to, any other specifics about all this, I would give them a call. I think that's the only way you're going to get the answers you're looking for, especially when those answers depends sometimes down to the city that you live in.

Good Luck!

I just want to add that being fined or shut down is not just a HD issue it is an issue of reputation and credibility in your community. Word travels fast and folks rarely get the facts straight.

You can get past the $$ and the hassle but it can take a long time to overcome loss of a being viewed as a reputable business.

HD inspectors can get administrative search warrants issued by judges to get them in someplace they have reasonable cause to believe is operating illegally. It is a legal process, so to answer the OP question, yes, you can appeal if you are found guilty. hth