All this information is helpful.
Upon looking up information on Cottage food laws, states vary on what is required. One state, the information was given to me from a CC member kids of a certain age kids can be in the house during business hours. Most state do not allow any pets (which at a meeting people were not happy about) in the house caged or free roaming animals. Now one person in OR was allowed to keep her caged bird in a room with door closed if the bird was caught outside the room she would lose her license this was told to me from her.
To me all cottage food law need to require business license, food safety courses with certification and insurance if you want to have a business then you need to be treated like a business, taxes and all.
I find it personally offensive that people have such a problem with this.
And I find it personally offensive that you are are saying this to the people who have invested TENS OF THOUSANDS of DOLLARS into getting a storefront, or pay exhorbitant fees to rent a commercial kitchen. Personally, to get my storefront open cost me over $100k and I am grateful everyday that the only cakers in my area who can do this are the ones who are willing to invest the same.
Most do not have the gift of access to the capital needed to open a storefront. The personal offense I was referring to was the fact that some assume we would not abide by food safety regulations.
As for how much you have invested to open your business, think of it as buying stock on the stock market. I am sure there are others that have paid a lot more than you to start a business. And I personally know people that have paid a lot less.
There's no need to polarize the issue with an us vs. them mentality...there is room in the marketplace for bakers with retail shops, bakers with rented commercial kitchens, and legal home bakers (in states with CFLs) as long as everyone sets prices fairly.
Agreed, Jason. Instead of complaining, we should all be working together to benefit each other. I would think that home bakers would help the demand levels go up in the community? The more people that see custom cakes, the less people will settle for a grocery store cake...
Very well said Jason. The FC law just passed in AZ and I have to admit I do feel a little bad for those who worked like crazy to open shop. But at the same time why would you take it out on those who are abiding by the law when baking from home? If you have a problem with it then take action and talk to the people who create these laws. Although if it passed then its probably too late but I guarentee you had a chance to let your opinion be heard and/or take action to stop it. We live in an amazing country and that is part of it. I don't mind the people who invested money being frustrated but don't be mad at the ones baking from home legally. They did nothing wrong!
Very well said Jason. The FC law just passed in AZ and I have to admit I do feel a little bad for those who worked like crazy to open shop. But at the same time why would you take it out on those who are abiding by the law when baking from home? If you have a problem with it then take action and talk to the people who create these laws. Although if it passed then its probably too late but I guarentee you had a chance to let your opinion be heard and/or take action to stop it. We live in an amazing country and that is part of it. I don't mind the people who invested money being frustrated but don't be mad at the ones baking from home legally. They did nothing wrong!
I was not referring to particular people, I was referring to the law itself. Many places set restrictions on the cottage baker, but some don't. I am only referring to the ones with no restrictions.
In a state that requires one inspection and no restrictions, how do they justify the need for restaurants, bakeries, food trucks, etc to comply with the very expensive food safety and environmental requirements and not the place a mile away? Here's an example... why do I need a $2500.00 grease trap to protect the environment and someone else does not?
As for MD, they are so anal about their laws, I can't imagine cottage food law here... I sure hope not. But each requirement has a specific and reasonable purpose. For those of us who have complied, it makes sense. Nothing was required for no good reason.
[quote="btrsktch"]
I find it personally offensive that people have such a problem with this.
And I find it personally offensive that you are are saying this to the people who have invested TENS OF THOUSANDS of DOLLARS into getting a storefront, or pay exhorbitant fees to rent a commercial kitchen. Personally, to get my storefront open cost me over $100k and I am grateful everyday that the only cakers in my area who can do this are the ones who are willing to invest the same.
I don't know how that came about to be my quote but, I did not type that.
I was not referring to particular people, I was referring to the law itself. Many places set restrictions on the cottage baker, but some don't. I am only referring to the ones with no restrictions.
In a state that requires one inspection and no restrictions, how do they justify the need for restaurants, bakeries, food trucks, etc to comply with the very expensive food safety and environmental requirements and not the place a mile away? Here's an example... why do I need a $2500.00 grease trap to protect the environment and someone else does not?
As for MD, they are so anal about their laws, I can't imagine cottage food law here... I sure hope not. But each requirement has a specific and reasonable purpose. For those of us who have complied, it makes sense. Nothing was required for no good reason.
So I am thinking you would probably go nuts over AZ's new law. Yeah there are no inspections required. The only thing you have to do is get your food handlers permit, put in writing the ingredients used, and state that it was not baked in a gov. inspected kitchen. We went from no way to no problem! It is nuts! But I gotta be honest. I love seeing the government giving us more freedom instead of taking it more and more. making new laws and bounding our hands more and more is becoming a pretty serious trend I am noticing.
I find it personally offensive that people have such a problem with this.
And I find it personally offensive that you are are saying this to the people who have invested TENS OF THOUSANDS of DOLLARS into getting a storefront, or pay exhorbitant fees to rent a commercial kitchen. Personally, to get my storefront open cost me over $100k and I am grateful everyday that the only cakers in my area who can do this are the ones who are willing to invest the same.
I don't know how that came about to be my quote but, I did not type that.
Yeah, I think that is one big computer glitch somewhere. They have me quoted on the total wrong part of this!
No computer glitch. It's very easy to make quotes appear as someone else's if you delete the wrong brackets with names when you are typing an answer.
[quote="all4cake"][quote="btrsktch"][quote="sebrina"]
I find it personally offensive that people have such a problem with this.
That kind of stuff. Depending on what names inside of brackets you delete in the chain, you'll be quoted as saying the wrong thing.
OK. Back to lurking.
Sebrina,
Okay, thanks for the clarification, but from how it was written, I interpreted it differently. Issue squashed.
***
Gosh, I *hate* thinking about the incredibly stupid hoops that I had to go through to get open. I have a DeLuxe Double Oven. Has a 1-2" round diameter steam vent on the top to release the steam from the ovens. The county inspector made me put in a full ventilation system that vents the steam up the vent out to the roof... 3 floors above me. 
[/u][/i]
I was not referring to particular people, I was referring to the law itself. Many places set restrictions on the cottage baker, but some don't. I am only referring to the ones with no restrictions.
In a state that requires one inspection and no restrictions, how do they justify the need for restaurants, bakeries, food trucks, etc to comply with the very expensive food safety and environmental requirements and not the place a mile away? Here's an example... why do I need a $2500.00 grease trap to protect the environment and someone else does not?
As for MD, they are so anal about their laws, I can't imagine cottage food law here... I sure hope not. But each requirement has a specific and reasonable purpose. For those of us who have complied, it makes sense. Nothing was required for no good reason.
So I am thinking you would probably go nuts over AZ's new law. Yeah there are no inspections required. The only thing you have to do is get your food handlers permit, put in writing the ingredients used, and state that it was not baked in a gov. inspected kitchen. We went from no way to no problem! It is nuts! But I gotta be honest. I love seeing the government giving us more freedom instead of taking it more and more. making new laws and bounding our hands more and more is becoming a pretty serious trend I am noticing.
I wish that AZ did have more oversight to their cottage law for the reasons that scp1127 mentioned. Why does a restaurant or even a road-side taco truck have to meet requirements that a cottage baker does not? There are no guidelines on how equipment is to be sanitized or checks on proper refrigeration/freezing temps.
The cottage law here is more designed to release NPF/baked goods from health code instead of licensing and fostering a home-based cottage business. Any establishment with their own food license still is not able to source or serve food from an unlicensed vendor, and that wouldn't include AZ cottage foods. I really wish that they do develop some sort of home-baking training class instead of just shuffling the cottage bakers through the current food sanitization class, which is pointedly designed for helping restaurants pass the on site inspection. There should be support for this new community, not just opening the gate and letting everyone run free. The insuring and liability implications of really make me nervous as well.
Best case scenario as I see it is in cases like Texas Sugar mentioned: to use the cottage law to not be illegal in selling cakes made for friends and family.
Though i have to say, i will be displaying proudly on my website and marketing materials that i am a fully licensed and insured commercial baker. i had to work for that, i'm gonna show it off 
I was not referring to particular people, I was referring to the law itself. Many places set restrictions on the cottage baker, but some don't. I am only referring to the ones with no restrictions.
In a state that requires one inspection and no restrictions, how do they justify the need for restaurants, bakeries, food trucks, etc to comply with the very expensive food safety and environmental requirements and not the place a mile away? Here's an example... why do I need a $2500.00 grease trap to protect the environment and someone else does not?
As for MD, they are so anal about their laws, I can't imagine cottage food law here... I sure hope not. But each requirement has a specific and reasonable purpose. For those of us who have complied, it makes sense. Nothing was required for no good reason.
So I am thinking you would probably go nuts over AZ's new law. Yeah there are no inspections required. The only thing you have to do is get your food handlers permit, put in writing the ingredients used, and state that it was not baked in a gov. inspected kitchen. We went from no way to no problem! It is nuts! But I gotta be honest. I love seeing the government giving us more freedom instead of taking it more and more. making new laws and bounding our hands more and more is becoming a pretty serious trend I am noticing.
I wish that AZ did have more oversight to their cottage law for the reasons that scp1127 mentioned. Why does a restaurant or even a road-side taco truck have to meet requirements that a cottage baker does not? There are no guidelines on how equipment is to be sanitized or checks on proper refrigeration/freezing temps.
The cottage law here is more designed to release NPF/baked goods from health code instead of licensing and fostering a home-based cottage business. Any establishment with their own food license still is not able to source or serve food from an unlicensed vendor, and that wouldn't include AZ cottage foods. I really wish that they do develop some sort of home-baking training class instead of just shuffling the cottage bakers through the current food sanitization class, which is pointedly designed for helping restaurants pass the on site inspection. There should be support for this new community, not just opening the gate and letting everyone run free. The insuring and liability implications of really make me nervous as well.
Best case scenario as I see it is in cases like Texas Sugar mentioned: to use the cottage law to not be illegal in selling cakes made for friends and family.
Though i have to say, i will be displaying proudly on my website and marketing materials that i am a fully licensed and insured commercial baker. i had to work for that, i'm gonna show it off
Ya know I totally agree. I do find it kind of crazy but hey i am not going to complain. Friends and family is what I am going to be doing. Word of mouth is as far as I will go. Not interested in doing tons of stuff. Good for you you show it off! Thats another thing. People with real bakeries can be mad but really they are licensed and that looks pretty darn good compared to home bakeries with no regulations.
I wish that AZ did have more oversight to their cottage law for the reasons that scp1127 mentioned. Why does a restaurant or even a road-side taco truck have to meet requirements that a cottage baker does not? There are no guidelines on how equipment is to be sanitized or checks on proper refrigeration/freezing temps.
The state may not have considered all of the implications, but each county likely will, and they are free to continue requiring that all foods be made in a licensed and inspected kitchen.
The Director of Environmental Services for Maricopa County told me by email that they do not share the legal analyses of the ADHS and that prior to the county making any changes to their food code, the exemption must be published in the Arizona Administrative Code (which he said would happen Jan 2012 at the earliest). Once that happens, they will review it and see how it applies to the 2009 FDA code as well as the Maricopa County Health Code. At that point they will determine if any changes will be made to accept the new law in Maricopa County. Since other larger counties in AZ have adopted much of Maricopa County's Food Code policies, if MC decides to disallow cottage foods, other counties may follow suit making it only the less populated counties that actually allow homemade foods. We probably wont know for 9 months or so, maybe more but until the counties change their food codes, nothing has changed in most AZ counties (including both of ours)
The Director of Environmental Services for Maricopa County told me by email that they do not share the legal analyses of the ADHS and that prior to the county making any changes to their food code, the exemption must be published in the Arizona Administrative Code (which he said would happen Jan 2012 at the earliest). Once that happens, they will review it and see how it applies to the 2009 FDA code as well as the Maricopa County Health Code.
Thanks for that info. My Pima Co. heath inspector said that they were very near to taking on the FDA code, citing that Maricopa was the strictest in the state by following the FDA guidelines.
I find it amazing how something can happen on a "State Law" level that is so disjointed from the realities of what will happen county wide, ie that July 20 isn't a green light unless your county says it is. It's not good business to have this kind of misinformation and incomplete procedures when so many have wanted this for so long. 
It's not the home baker they need to worry about it's Walmart's and Sam's Club. Even being a home baker I can't beat their prices. And the quaility has gotten better. I was at a party last weekend, the cake from Walmart was nicely decorated and tasted yummy. There is no way I could match the price. The lines at their Backery Dept is always huge.
I wish there was a site like this one that had only home bakers so they could be comfortable asking questions without getting scolded.
I think the biggest difference in the restaurants/taco sand and such is that you have a lot more people going through there on a daily basis.
I really think these laws are designed with the idea of the hobby baker in mind that wants to do a cake once or twice a month. Not those that want to do this as their full time job, which is why the put caps on income.
I was honestly surprised that Texas didn't put more regulations on it, but hey, I'm not complaining. It would be really nice if they did have an across the board thing for all states. A food handlers class would benefit many people, as well as a lot of the other regulations there could have been.
I can, to a point, understand the thoughts of those that spent a lot of money on their bakeries, while others can sit at home and do cakes. But at the same time, you have a potential to make a lot more money because you can hire help, you can produce more cakes, you will have faster production, with your larger ovens and equipment.
Not everyone that is excited about the cottage laws have plans to make grand business. I also would hate to see people start to hate home bakers because of the new laws. It isn't my fault that the new Texas law requires very little while others did "jump through hoops" to get their bakery started.
I was thinking last night, that I will be very sad if this board became more about the 'store-front bakers' vs the 'home bakers'. I understand the points of views, but I think those things tend to over shadow the whole point of this website, which is to help people, offer ideas, suggestions, share tips and things we have figured out and learned.
It seems like every baking forum I've visited is a hostile area. I can understand why, I guess, but I think that people often forget that we all have different reasons for doing what we do.
Me? I love the artistry of it. (I have an art degree for a reason) Because of that, I spend my time on the decorations, and use a doctored box mix. I HATE to bake, but I LOVE to play with fondant and icing. There are those cake decorators out there that spend hours upon hours perfecting cake recipes. Which is great for them--it's just not my thing.
As far as business goes--there are those that want to make cake decorating a full-time job. Perhaps pass a cake shop down to their kids. Me? I just want to bake and decorate in a second kitchen, make enough money to justify the hobby, and be a part of people's celebrations. That's it. So for me, my goal is to get a licensed kitchen in my home to do those things legally. I have absolutely no interest in spending all day every day in a shop.
I guess the point of all that is this--
We all have different goals. We all have different assets and we all have our own particular set of challenges. The vitriol I see spouted around here is disgusting when it comes to people coming down SO HARD on people who are new to decorating and honestly don't know any better. The whole vibe around here is negative, but I keep coming around because every once in awhile I'll come across some really good information. Guess I just need to learn to tune out the drama? Easier said than done! 
It's not the home baker they need to worry about it's Walmart's and Sam's Club.
The cakes available from Walmart and the like are pretty limited in terms of decoration, not sure if they even offer fondant. The biggest threat is a home baker with great cake decorating skills but no business acumen who offers labor-intensive custom cakes for Walmart prices.
I wish there was a site like this one that had only home bakers so they could be comfortable asking questions without getting scolded.
If you see someone posting personal attacks you can report the post to the mods and they will take care of it. I honestly haven't seen a lot of "scolding" here.
It's not the home baker they need to worry about it's Walmart's and Sam's Club. Even being a home baker I can't beat their prices. And the quaility has gotten better. I was at a party last weekend, the cake from Walmart was nicely decorated and tasted yummy. There is no way I could match the price. The lines at their Backery Dept is always huge.
I wish there was a site like this one that had only home bakers so they could be comfortable asking questions without getting scolded.
I agree
Click on the attachment below some information for you to have.
This should answer a lot of your questions and next week I will be sending out the Final Draft of all the do's and don't of the Florida Cottage Food.
If you want to receive a copy email me at [email protected] and I will add you to the list. This information will be provided directly to me from the Food Safety department and I will pass it on to you so you won't have to call the department.
Barbara
I am really torn on this issue. I baked out of my home for years and am now opening a storefront. I have spent a great deal of money and time on my new business. My competition in the wedding/specialty cake business will come largely from home bakers.
Most of the home bakers I know have very good skills and some are personal friends. However, I also know home bakers who have multiple small children and pets and are not stringently concerned with hygiene. I think we've all seen pictures of cakes sitting on kitchen or dining room tables surrounded by pets and junk.
I think the final answer is that the "legal" storefront owner just needs to up the marketing effort. My marketing budget for this year is probably more than most home bakers will make this year. Point out the advantages of using a larger, professional bakery. In the end, it's just capitalism at work. The customer makes the decision.
Most of the home bakers I know have very good skills and some are personal friends. However, I also know home bakers who have multiple small children and pets and are not stringently concerned with hygiene. I think we've all seen pictures of cakes sitting on kitchen or dining room tables surrounded by pets and junk.
And there are commercial bakeries that are not that concerned with hygiene either. Simply because they are a commercial establishment does not mean they are concerned with hygienie. And that they have to be inspected does not guarantee they have clean kitchens--it is not that hard to get a good rating and still have an unhygienic kitchen. The belief somehow only home bakers are the ones that are unhygienic is nothing but wishful thinking.
The health inspctor who does my inspections wasn't happy about VA passing a version of a cottage food law. He said that based on the things he's seen in some home kitchens from people who don't know the basics of kitchen sanitation there should be more inspctions, not fewer. I personally won't buy food products from non-inspected producers. I've seen how people I know handle food in "interesting " ways, so it makes me reluctant to buy anything from someone who's not inspected. At least if you've had to go through the inspection process you're made aware of things that you're doing wrong.
Well...I can completely understand both sides of the argument. For someone in my current position, all of the laws and regulations are extremely frustrating. I am 25 and have been working a dead end job for the last 3 years. My husband and I can't even afford a place of our own yet (living in a house his grandmother owns). I enjoy baking and find it to be a stress reliever. I would LOVE to have a little bit of extra income, which I would set aside for obtaining the necessary licenses etc, but I know that's not a legal way to go about it either...especially in Illinois with a dog. I can FORGET ABOUT IT....so how does someone like me get their start? Having my own storefront eventually would be amazing, but I don't want to wait until I'm 50 something...
Well...I can completely understand both sides of the argument. For someone in my current position, all of the laws and regulations are extremely frustrating. I am 25 and have been working a dead end job for the last 3 years. My husband and I can't even afford a place of our own yet (living in a house his grandmother owns). I enjoy baking and find it to be a stress reliever. I would LOVE to have a little bit of extra income, which I would set aside for obtaining the necessary licenses etc, but I know that's not a legal way to go about it either...especially in Illinois with a dog. I can FORGET ABOUT IT....so how does someone like me get their start? Having my own storefront eventually would be amazing, but I don't want to wait until I'm 50 something...
Your best options for now would probably be either to pursue baking as a hobby, or work for another established bakery. From a financial perspective it's difficult to launch a new business unless you have enough income coming in from other sources to stay afloat for at least a year or two -- most businesses don't become profitable until a few years in, and even a licensed home-based baking business probably wouldn't bring in a living wage on its own.
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