Not Selling, But A Big Public Gathering...

Decorating By Ummeiko Updated 20 May 2011 , 6:18am by Chonte

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Ummeiko Posted 20 May 2011 , 1:00am
post #1 of 8

I got invited tonight to the annual neighborhood block party (we moved back in December so this would be the first). Everyone is asked to bring an extra dish (the main meat will be provided). I've been told there would be about 100 people, though our dish doesn't have to have that many servings.

I was thinking I wanted to bring a cake or cupcakes. I'm not selling anything, but it is a public gathering. So I guess I'm asking, from people more versed in legalalities than I am, would there be any legal problems with bringing a cake to this event? I'm not licensed, not a business, just a hobby decorator (outside of my job at Wal-mart cake decorating, but I don't want to bring a Wal-mart cake). Or would I be better off just grabbing some side dish from a store somewhere?

7 replies
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johnson6ofus Posted 20 May 2011 , 1:30am
post #2 of 8

no $$$ changing hands is no problem! Pot luck- make what you like! Fun excuse to bake in my opinion... icon_biggrin.gif

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jules5000 Posted 20 May 2011 , 1:44am
post #3 of 8

first of all, I do not see any reason why you couldn't take a cake that you made and decorated. Unless there is some weird law there, but if it is a potluck then there should be no problem. Just because you work at Walmart decorating cakes does not mean that you should not have the freedom to take a decorated cake that you did yourself to a neighborhood get together. If you are wanting to get the word out that you do cakes then I would say that this would be the perfect opportunity.

If you do not do any kind of selling talk or any kind of promoting yourself then there should be no problem. If by chance a new neighbor comes up to you and starts asking you about your hobby, and would you do a cake for them, of course they would pay you that is a different story. YOu did not solicit the business and as long as you let them know that you decorate cakes for Walmart and you are not really sure about whether you could lose your job over this because they(walmart) might call your personal decorating conflict of interest, if they found out about it. Than why not, but I would certainly be careful about it. That might be the only drawback to taking something like that. One other idea is that you could tell someone that you would make a cake for them and they could donate to you what they might pay to have a store do it and then you would not be quoting them a specific price. . I am sure that there are all kinds of ways that you could do it that would still be legal and not cause a problem for you at work. good luck. would love to hear what you decided to do.

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scp1127 Posted 20 May 2011 , 3:33am
post #4 of 8

Taking any compensation... donation, ingredient cost... is a sale. If you are not legal, this would be a violation. Bringing a cake to a pot luck dinner is fine.

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lorieleann Posted 20 May 2011 , 4:43am
post #5 of 8

I understand what your concern is as our county has restrictions to cooking and serving food to the public that has not been in made in a licensed kitchen. Even if there is no money exchanged, it is illegal ( a woman was recently 'shut down' for cooking a hot meal and delivering it weekly to the local park where about 150 homeless would be served by her for freed)

But since this is a 'private' party that is not open to the public, you do not have to worry about it.

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scp1127 Posted 20 May 2011 , 5:14am
post #6 of 8

We all can be sued for food poisoning, not just legal food services. I wouldn't worry about it unless you bring something inappropriate for the weather.

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Ummeiko Posted 20 May 2011 , 5:37am
post #7 of 8

I guess I just wasn't sure because they told me to expect over 100 people. Didn't know at what point, if at all, there is a limit. Like, under 100 is fine, but over 100 needs to come from a licensed place, or something like that. Not just in terms of whether or not I'm selling (I'm not), but just if there were any different rules about large gatherings.

From what I understand, in Nebraska they let people sell out of home if it's direct to a person (aka, I can't sell/give cupcakes to my friend's store in the mall and then have him sell them), and if you don't advertise. I could be wrong because the Ag website is not super easy to navigate. But I don't sell cakes I make at home, just gift at this point.

As an aside, the bakery people at wal-mart, including my direct supervisor, know that I do cakes outside work as a hobby. But outside that, I'm pretty quiet about it to the rest of the store. I don't tell customers "well, we can't do that here but I can do it for you", and most of the other employees don't know my name, let alone what I do in my spare time. So there hasn't been a problem, but I do keep quiet, especially if I were ever to research into selling to neighbors or friends or friends of friends.

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Chonte Posted 20 May 2011 , 6:18am
post #8 of 8

no, it's a donation. as long as you are not being paid it's fine. i make cakes for my grandmothers church fundraisers and pot lucks all the time!!

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