ok its illegal to sale homemade cakes here in tx, so i was wondering if any of u cc out there would mind answering if it would still be illegal if- the person that wanted the cake bought the pan in return for the cake- is that still concidered illegal? the cake is not due until oct. but i just want to get some view on this before anything is a go. thanks
Hope I am understanding this correctly are you saying that you will make them a cake and they will purchase and let you keep the pan? If so I would give them a list of ingredients and have them bring you the products and the pan. I don't see why it would be illegal they are just giving you something that they will not use.
If you're worried about legalities, you should probably change your website so that it's clear that you're not selling cakes
There are plenty of people here who will say any time you make a cake in exchange for something...a pan, ingredients, etc...you are selling a cake and breaking a law. I don't know if a judge would feel that way and I don't think the state really has the resources to enforce their policies. It really comes down to what you're comfortable doing. Nobody here is going to pay the fine if you get busted, and nobody here is your local health department, so in the end you really have to decide on your own.
Personally, if it was a friend I would do it with no problems, but if it was some random person who contacted me off the internet, I probably wouldn't...especially if it was one of those Wilton shaped pans. Can't stand those things
lol, texas_rose i forgot about the website i stopped selling when i found out that is was illegal . but its no stranger its my sister that wants the cake i told her if she could buy the pan that i would make it for her and i was going to donate the rest of the stuff as a gift.
If it's just your sister, then I don't see why it'd be a big deal. My cousin has bought me a cake pan for making her a cake for her daughter and let me keep the pan, because she had no use for it. I'd make her the cakel.
While I do think the laws should be taken seriously, I think you may just be over thinking this one. She's your sister. If my sister needed a cake, I'd bake it. If she saw a pan she thought I'd like, she'd buy it. If she wanted a cake from a pan I didn't have, I'd say "If you buy the pan, I'll make the cake". I doubt it would even be an issue if she bought all of the ingredients for me. Families do that kind of thing all the time. I don't think it really becomes an issue until you start doing it often with strangers and advertising it.
If you were just a hobby baker and never sold a cake, would you even think twice about this?
Sisters are a different case...sometimes you have to charge sisters so they don't take advantage of you later on I told my sister the next time she wants petit fours they're going to be ten dollars each
Seriously though, it's your relative, you're not making any money from the transaction, I just don't see any problem with it at all.
thanks soo much for the advice, they try paying me for the cakes but i tell them its illegal for me to accept money but i didnt know if it was okay to trade it for the pan i would have bought the pan myself if it was lol....
smokeysmokerton: i have sold cake before only because i had no idea that it was illegal, now that i know, i dont want to break any laws that is the reason for my question.