"Don't ask, don't tell"......
In my county, shutting down an illegal baker does involve police action. This is why out HD tries to work with people to ask them to voluntarily shut down or take the steps to be licensed. There are serious ramifications.
I will bet that not one offender in our area know just how serious it can get. So call the HD. Find out from them. And for those inspectors and employees who tell you how to get around the law or not to worry about it, this will not protect you. The saying about ignorance is no excuse and the fraud issue will come into play. If you get one of these responses, look it up yourself. It will be in the county code.
Over the line in MD, I don't see any signs of illegal bakers. The HD is on top of it.
I think it's unfair to tell someone asking the question to go ahead and willingly break the law or to provide information on how to commit fraud. This is the business forum.
OMG! Just make the cake! You won't go to jail
It's for a friend and she is not paying you over and above the ingredients. Seriously, does it have to be this big of a debate? If what she does is illegal, then no one should ever bake anything ever again out of their kitchens for ANYONE.
I SO agree!
I'm not in the US, just asking...
How about if your friend buys the ingredients, and you bake and decorate at HER home for her, would that be considered illegal (assuming you need to be legal to sell cakes) or that is considered as a friend doing another friend a favor?
In some states in the US there is an exception (meant for personal chefs) that allows you to legally charge for your services as long as you make the food in the customer's home, even if you bring your own ingredients. No health dept inspection necessary.
Thanks Jason!
Assuming the OP is not a personal chef, can she bake and decorate the cake, as a favor, at her friend's house if the friend buys the ingredient herself?
Assuming the OP is not a personal chef, can she bake and decorate the cake, as a favor, at her friend's house if the friend buys the ingredient herself?
In all cases she would be able to bake the cake wherever she wants as long as she doesn't accept any compensation for the cake, since that's not a commercial transaction. The "bake at the customer's house" exception allows the baker (doesn't have to actually be a personal chef) to legally accept compensation for the cake as a commercial transaction, no matter who buys the ingredients. This income would need to be declared to the IRS, usually on the 1040 Schedule C form.
But as others have said, it's best to contact the local health department and confirm if there are any questions about what's allowed and what's not. And if someone at the health dept says it's OK to get around the law in a clever way, make sure to get that in writing so you are protected, since the law as written always takes precedence over verbal consent.
You know, if you were asked to crochet a blanket, it wouldn't be much of an issue if you charged her for yarn, but you're asking people who are in the cake business about making a cake. If you were doing this on a regular basis, I could see someone having an issue, but a once in a while thing should not be. Go for it and get the experience and never mind the finger wagging from others.
It's important to note that nowhere in the world are people more concerned about the supposed legality of accepting "compensation" for a cake than on this forum. Nowhere. So if you want to get told "no", you've come to the right place. What you want to do is something that my county HD freely allowed me to do, even pre-Cottage Food Law. And my county HD is awful.
It's important to note that nowhere in the world are people more concerned about the supposed legality of accepting "compensation" for a cake than on this forum. Nowhere.
The fine folks at the Santa Clara County Dept of Environmental Health would disagree with you there.
Some health departments are better at enforcing the law than others, which is why it's important to talk to your local HD and see what they say. Most HDs probably won't care as long as you aren't advertising and only sell cakes on an occasional basis, but the safest course of action is finding out for sure. And if there is an issue, you can still make the cake, just do it as a gift and don't accept any money.
I have no idea if any Cease & Desist order ever came about from a hypothetical similar to the OP's original query. I do know that persistent illegal operators in my area are spotted by inspectors through flyers, Facebook pages, and even word-of-mouth.
Don't shoot me, please. I'm the messenger.
And if there is an issue, you can still make the cake, just do it as a gift and don't accept any money.
I have an idea: since you can make a cake as a gift and not take any money for it...maybe your friend can give you eggs, sugar and flour as a gift. Is there any law in the world that says your friend can't give you eggs, sugar and flour? She can even package it pretty with a bow for you.
And if there is an issue, you can still make the cake, just do it as a gift and don't accept any money.
I have an idea: since you can make a cake as a gift and not take any money for it...maybe your friend can give you eggs, sugar and flour as a gift. Is there any law in the world that says your friend can't give you eggs, sugar and flour? She can even package it pretty with a bow for you.
That's why HDs usually don't have a problem with occasional food sales to friends and family, it's pretty much impossible to police. Even if OP collected cash for the order and the HD enforced the law in her county, the risk of getting caught would be low.
Whether or not people want to take that risk is an individual decision. If I were in this situation, I wouldn't ask for cash but I would accept a gift of the recipient's choosing.
These posts are all important. But, I think it is important to know all the potential applicable laws. Then you can determine your risk, morals, lawfulness, etc. for yourself and decide what to do for yourself and your family.
You need to know the posted speed limit is 55, and then you decide if you want to break the law.
Some speed, some don't. Some bake illegally, some don't.
OMG! Just make the cake! You won't go to jail
It's for a friend and she is not paying you over and above the ingredients. Seriously, does it have to be this big of a debate? If what she does is illegal, then no one should ever bake anything ever again out of their kitchens for ANYONE.
LOL .
Like I said in the op I am just a hobby baker. I enjoy doing it on my own terms and I also have a full time job. I do not publicize that I bake cakes. I was very surprised when the woman even asked me to make the cake.
Before I joined this site I would have done it without a second thought. Would have never thought about it being legal or illegal. Since my little girl is going to be invited to this party I will most likely do it as a gift for the little girl. No money exchange.
Thanks again for all of the input but I think I will keep it as a hobby.
OP, I can see why your friends want your cakes, your work is very good!!
I know what you mean about not realizing the legalities of selling food. I guess most people don't really think about it unless it's a restaurant. Even when someone just starts out as a hobby baker, it can snowball so fast. Once people know you can decorate, work of mouth sends lots of potential business your way.
The post about the yarn is completely irrelevant, as crocheting does not require a specialized license for the sole purpose of public safety.
As for being told, "No", here in the business forum, would you suggest that we lie? Would it just be more pleasant if all of the legal bakers shut up and all of the bakers who disregard the law give all of the business advice, even though the purpose of this forum is to share legal business advice? I just state the facts. What people do with it is evident by the amount of people here who ignore the law and the amount around us in our home towns who do the same.
In an area where the license is required, you may get someone like me who asks the HD to respect what they made me do, and insist that others do the same.
Like I said in the op I am just a hobby baker. I enjoy doing it on my own terms and I also have a full time job. I do not publicize that I bake cakes. I was very surprised when the woman even asked me to make the cake.
Before I joined this site I would have done it without a second thought. Would have never thought about it being legal or illegal. Since my little girl is going to be invited to this party I will most likely do it as a gift for the little girl. No money exchange.
Thanks again for all of the input but I think I will keep it as a hobby.
I must say it is refreshing to see the OP of a thread actually thank everyone who provided their different opinions and perspectives on the topic without complaining that they were offended or attacked. Kudos to you.
I must say it is refreshing to see the OP of a thread actually thank everyone who provided their different opinions and perspectives on the topic without complaining that they were offended or attacked. Kudos to you.
Hey jason_kraft! Like I said, before I joined this site, I would have done it without a second thought. I have learned so much from these forums. Sometimes people tend to get all wrapped up with emotions instead of realizing someone is just trying to give their point of view or opinion.
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