It is legal but there are a number of restrictions. No pets inside at anytime--poor Fido has to remain outside 100% of the time.

No children are permitted in the kitchen during commercial processing.

Must have an approved water supply--not a big deal if you are on city water.

All commercial ingredients must be stored separately from personal ingredients--cannot have one supply of all purpose flour, shortening, butter etc.

No personal food prep while kitchen is being used for commercial products--cannot cook dinner while cakes are in the oven.

Products must be labeled, must register (and pay fee) with the Dept of Ag.

And must make sure you are not in conflict with local zoning or ordinances--must have a written statement that is presented at time of initial inspection.

As to cake fillings you cannot make PHF's (potentially hazardous foods--those that will support the growth of pathogens and require temperature controls). Thus you cannot make cheesecake cream, custard and meringue pastries/desserts. Those must be produced in a commercially licensed kitchen. Thus it looks like cream based filling/whip cream icing would not be allowed.

I only mentioned this because you noted how much of a difference a few miles can make and I live about 30 miles east of Ohio/PA border and Ohio has a cottage law which has much fewer restrictions.

Originally Posted by iwantalicakes

I wonder how many decorators saw this post thought "that's me..oops let me get back to my cake baking" and walked out without posting? Come on 90% of the members of this site do side work making cakes. People do under the table side work all the time, might not be right but it's all people can do sometimes. Lucky for those who have options.

Exactly There's no way to monitor what people do in the privacy of their own home.

Originally Posted by iwantalicakes

Another thing, people don't do side work so they can scam out on govt. responsabilities, they do it because they love it, they need to make money, and working at/owning a bakery is not possible for them. They are not trying to hurt anyone. And there is nothing worse than GIVING AWAY cakes, rather than offering competative prices! So for those of you giving away cakes is making it harder for everyone else. I had a CL post flagged and removed by some jealous competion b/c I was babically giving cakes for free to gain experience. But now that my CL add is offering competive pricing, no one cares. If you are a GOOD cake decorator you wouldn't have anything to worry about would you? Not trying to come off as being mean either Just arguing the other side of the story. I know this is a vent OP, this is just mine abd I know I am speakig for a ton of other decorators out there.

If you are a GOOD cake decorator than you will have the respect for your profession, your clients, and your competition to operate on a level playing feild in which you have paid all the inspection and liscensing fees, rent and insurance to run your business legally and not take an unfair advantage by circumventing that process therefore increasing your profit margin while others adhere to the law. I dont really care if I come off as beaing mean, I usually stay away from venting on cc but this really gets my goat. I am a homeschooling mother of six. It wasa sacrifice financially to start my business legally, but it was the right thing to do. If I can do it, others can to, they just CHOOSE not to