I saw this ad on craigslist in my area (where it's not legal to sell cakes unfortunately, so I've stopped since I found out that, and am still so sad about it!). It caught my eye because of the size of cakes offered.
http://dallas.craigslist.org/dal/for/1914299860.html
10 foot cakes! And for only $45! 
Much better deal than I'd offer, that's for sure. I e-mailed them and politely (well, I hope it came out politely) let them know they might want to change the ad to 10" cakes, and threw in a mention that at-home bakers aren't legal here.
It is possible that she has an at home bakery and is licensed. Please do correct me if I am wrong but isn't it legal to have a home bakery in TX as long as it is seperate from your home? So you would be able to use a detached garage or a converted shed... the key being you can't have an entrance that takes you from the house to the bakery. I would still consider that a home based business. All that said, I think it is tacky to promote a cake business on CL. I've been tempted many times to reply and ask if people were actually licensed. And a 10foot cake for $45 is one heck of a deal.
I just read on Craigslist, where a lady posted that she draws up a contract stating the cake is for decoration only and not meant for human consumption to cover her butt since here in SC its illegal to sale from your home. 
It was in reply to someone posting that is was illegal to sale from your home. She basically said there were ways around it.
Can she do that?
I just read on Craigslist, where a lady posted that she draws up a contract stating the cake is for decoration only and not meant for human consumption to cover her butt since here in SC its illegal to sale from your home.
It was in reply to someone posting that is was illegal to sale from your home. She basically said there were ways around it.
Can she do that?
It is perfectly legal to write up a contract stating that the cake is not fit for human consumption, but if she's using cake batter instead of styrofoam dummies, the health department would still shut her down.
The contract would probably be void in the first place, since any reasonable person buying the cake would have no intention of adhering to the terms of the contract, a fact that any reasonable person offering the contract would be well aware of.
It is possible that she has an at home bakery and is licensed. Please do correct me if I am wrong but isn't it legal to have a home bakery in TX as long as it is seperate from your home? So you would be able to use a detached garage or a converted shed... the key being you can't have an entrance that takes you from the house to the bakery. I would still consider that a home based business. All that said, I think it is tacky to promote a cake business on CL. I've been tempted many times to reply and ask if people were actually licensed. And a 10foot cake for $45 is one heck of a deal.
Nope, it is illegal in the State of TX. There is a group (of which I am a part of) that is trying to change this law, but our bill died on the House floor last session.
"1. Can I manufacture food in my home kitchen?
The rules do not allow any type of manufacturing or holding of food for distribution in any areas used as living or sleeping quarters unless it is completely partitioned from your home. " 14. My garage is completely partitioned from my home. Can I use this to manufacture food, hold food for distribution, or repackage?
If your garage is in compliance with all relevant rules and statutes concerning food safety, then you may use your garage. There must be an outside entrance, and you must not be able to enter the garage through the house.
http://www.dshs.state.tx.us/foods/faq.shtm
Can't use your house kitchen but can use a shop outside of your home that is designed and dedicated for the sole purpose of being a bakery. ?
I'm not looking to start an argument, I'm just trying to figure this out. It was to my understanding that a seperate building on property, as long as you are zoned properly, is allowed.
If your garage is in compliance with all relevant rules and statutes concerning food safety, then you may use your garage.
The food safety rules specific to TX are here:
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=25&pt=1&ch=229&sch=N&rl=Y
Sections 215 and 216 seem to indicate a bathroom is required in order to pass inspection. I'm not sure how strictly TX enforces this specific provision, but this could be a considerable up-front expense.
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