For my own reasons, I have decided to compile a list of which states license home bakeries and which don't. (When I mean a "home bakery" I am not referring to an additional kitchen with separate entrance/commercial requirements, etc, that so many states require.) I have started putting a list together, and I've searched through literally hundreds and hundreds of threads here to get some great information. But I am still missing some, and I figure SOMEBODY out there already knows this stuff!! And since this seems to be a very frequently asked question, perhaps a list of all 50 states would be very useful to other people as well.
I am trying to collect the following information: Whether the state licenses a home bakery, what department in the state regulates it, and a contact phone number or informational web page (web page is best!). If you find any information that is incorrect, or you have some of the missing information, please let me know in this thread!
p.s. I am not asking anyone to go out and do my legwork for me. This is for those who happen to have already researched this for their business.
p.p.s. A caveat -- please do not accept this document as definitive or accurate. Always check with your local health department before starting any kind of food business.
(State) (Does it license home bakeries?) (Department) (Info)
Alabama - No
Alaska ?
Arizona - No - Local Health Dept
Arkansas ?
California - No
Colorado ?
Connecticut ?
Delaware ?
Mississippi ?
Missouri - No -
Montana ?
Nebraska ?
Nevada ?
New Hampshire ?
New Jersey - No - Dept. of Health
New Mexico - No -
New York - Varies by County - Dept. of Agriculture http://www.agmkt.state.ny.us/F.....cense.html
Utah ?
Vermont ?
Virginia Yes Dept. of Agriculture (804) 786-3520
Washington - No -
West Virginia ?
Wisconsin - No -
Wyoming ?
Tscookies Frequent Member
Joined: Jul 10, 2006
Posts: 276
Posted:
Sat Jul 15, 2006 8:24 pm
kellym - Did I read your message wrong? You said a home bakery is not meant to be a separate, commerical kitchen in your home. What other kind of home bakery is there? I live in Wisconsin, and yes, they do license in-home commercial kitchens. They will not allow you to have a storefront and do discourage high traffic, however, you are allowed to manufacturer the goods in your home w/a licensed kitchen. Licensing is done through the Dept of Agriculture for the residing county.
Tscookies -- My definition of "home bakery" is using your own, residential kitchen where you prepare food for your family to also use to make baked goods to sell for money. Some states will license your residential kitchen, but it appears that most will not. Now I'm on a mission to find out exactly which ones do
Tscookies Frequent Member
Joined: Jul 10, 2006
Posts: 276
Posted:
Sat Jul 15, 2006 8:55 pm
Ok, then you were are absolutely right about Wisconsin ... you must have a separate kitchen which meets their restrictions.
I have baked and decorated cakes for $$$ for almost 20 years, in my own kitchen at home. This and another thread have intrigued me. I have never been licensed or gotten a permit or whatever. Nor have I ever gotten even one complaint from a client, some of which have been my clients for more than 15 years.
So, in light of the question, I have just spent the evening trying to discover whether my state(Arkansas) will license/permit home-based bakeries. And I found essentially nothing. It is all very confusing.
I know a few local people who bake cakes in their own kitchens to sell, but I am not going to rock anyone's boat by asking questions of them. One Arkansas woman is a member here. She has an elaborate website which offers both cakes and decorating supplies for sale. She even has a 1-800-phone number. And as far as I know, she still does all her baking and decorating in her own home kitchen. So I am not sure just exactly what is required here in Arkansas.
So I'd like to know as well.
leily Forum SuperStar!
Joined: Jun 12, 2004
Posts: 5148
Location: Iowa
Posted:
Sat Jul 15, 2006 11:05 pm
I just want to say Thanks for all this research!
I also wanted to add another note to Iowa. I don't know if this is all of Iowa or not, but in the county I live in you do have to have a seperate Fridge and a cuboard/shelf specificaly for your cake decorating business. So that the food products for the business are seperate from your families-however they can still be in the same kitchen.
HTH
Leily
midialjoje Frequent Member
Joined: Apr 23, 2006
Posts: 224
Location: ohio
Posted:
Sun Jul 16, 2006 7:24 am
I just put this in as a new topic but saw your post afterward. I'm in Ohio and checked on the sec of state site.
From what I can gather on that site and the Dept of Agriculture, it looks like we could be considered a "cottage industry". All that would be required is labeling (though that's a pain, too). At least that would mean you are "legal" without needing to have your kitchen inspected or being licensed, etc.
Am I reading this wrong?? Anyone know? Thanks
SweetThistleCakes Forum Addict
Joined: May 13, 2006
Posts: 671
Location: in the kitchen
Birthday: Nov 15
Posted:
Sun Jul 16, 2006 9:00 am
FYI- FWIW, Not sure if it is everywhere in TX but I live in Southern Ellis County and here I need to get a permit for each city I sell in, not the county. Although I wish it was just the county!
morg Frequent Member
Joined: Jul 13, 2006
Posts: 208
Location: Fl/Ga
Posted:
Sun Jul 16, 2006 9:01 pm
Oh man, now that I've looked it up I'm more confused than ever! Pasting what the State of Georgia has in it's rules (selected portions):
(39) Food Sales Establishment
(a) “Food Sales Establishment” means retail and wholesale grocery stores;
retail seafood stores and places of business; food processing plants, seafood processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nut, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of
the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. Such “Food Sales Establishments” shall; except as in paragraph (b)
General Rules Chapter 40-7-1
****and then this:
(75) Ready-to-Eat Food.
(a) "Ready-to-eat food" means FOOD that:
General Rules Chapter 40-7-1
(i) Is in a form that is edible without additional preparation to achieve
FOOD safety, as specified under 40-7-1-.17(1) (a) or 40-7-1-.17(2) or
40-7-1-.18; or
(b) "Ready-to-eat food" includes:
(vii) A bakery item such as bread, cakes, pies, fillings, or icing for
which further cooking is not required for FOOD safety;
General Rules Chapter 40-7-1
********************************End paste.
I'll need a brain to decipher this! So, what do you think?
I just put this in as a new topic but saw your post afterward. I'm in Ohio and checked on the sec of state site.
From what I can gather on that site and the Dept of Agriculture, it looks like we could be considered a "cottage industry". All that would be required is labeling (though that's a pain, too). At least that would mean you are "legal" without needing to have your kitchen inspected or being licensed, etc.
Am I reading this wrong?? Anyone know? Thanks
We both understand this the same way, as long you are labeling your items you do not have to be licensed or inspected.
FunCakesVT Frequent Member
Joined: Mar 10, 2006
Posts: 288
Location: Vermont
Posted:
Mon Jul 17, 2006 11:35 am
My understanding of Vermont's regulations is that you can have a home bakery using your home kitchen and get licensed, BUT, if you have animals, you have to have a separate kitchen. If, however, your baking is not your principal business (i.e., on the side), these rules do not apply.
Joined: Oct 25, 2005
Posts: 366
Location: Where I can see RUSSIA from my HOUSE!
Birthday: Jul 19 Gallery Supporter Member
Posted:
Mon Jul 17, 2006 11:42 am
I've never ever been able to decipher the code-language in Alaska's rules. I wish I could, but for the most part, I have no idea what I can and cannot do!
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