At-home bakers (Austin, Rule: sale, insurance, buying)

[jtucker97]

I'm starting a party business in Austin, and I'm looking for 1-2 bakers (who bake out of home) to handle my baked goods orders. Does anybody have any recommendations? Thank you!

[centralaustinite]

Ummm . . . shouldn't it all be produced in a commercial kitchen?

[A-Tex]

Originally Posted by centralaustinite

Ummm . . . shouldn't it all be produced in a commercial kitchen?

Yes. The OP needs to familiarize themselves with the Texas Food, Drug and Cosmetic Act of the Texas Health and Safety Code -- Chapter 431.

[OpenD]

In 2011 the Texas Legislature passed the "Home Baking Law," which made it legal to sell certain homemade foods like baked goods which do not require refrigeration, jams, jellies, and dried herb mixes.

There is a very specific list of things that can be sold that fall under what is called the NON-POTENTIALLY HAZARDOUS BAKED GOODS category. They are: cookies, cakes, bread, donuts, pastries {like Danish}, pies, and other items prepared by baking them in the oven, canned jams, jellies, and dry mixes such as dips and seasonings. Home Baking is Now Legal in Texas

There are things that are specifically prohibited, like cheesecakes, and there are certain restrictions that you need to follow, but it does allow people to prepare and sell non-perishable items like those listed above at home.

[A-Tex]

Originally Posted by OpenD

In 2011 the Texas Legislature passed the "Home Baking Law," which made it legal to sell certain homemade foods like baked goods which do not require refrigeration, jams, jellies, and dried herb mixes.



There are things that are specifically prohibited, like cheesecakes, and there are certain restrictions that you need to follow, but it does allow people to prepare and sell non-perishable items like those listed above at home.

Wrong. The Cottage Food Law does not apply to this situation. That law allows the baker to sell their food only directly to the consumer. Home bakers can't sell their products wholesale or to a reseller. Caterers, restaurants, wholesalers, etc. are bound by the Texas Food Establishment Rules and/or Food Manufacturers Rules and those do not allow them to sell homemade food.

[OpenD]

Although in general I support following the law, including obeying speed limits and obtaining building permits, this is one place where I think the intent of the Home Baking Law speaks louder than the literal code. The simple truth is that this class of foods is quite safe for the public, and there's a niche market for home bakers to work with party planners and caterers that is pretty much under the enforcement radar.

IOW, I wouldn't worrry about it.

[A-Tex]

Originally Posted by OpenD

Although in general I support following the law, including obeying speed limits and obtaining building permits, this is one place where I think the intent of the Home Baking Law speaks louder than the literal code. The simple truth is that this class of foods is quite safe for the public, and there's a niche market for home bakers to work with party planners and caterers that is pretty much under the enforcement radar.

IOW, I wouldn't worrry about it.

The Cottage Food Law is designed to be only a direct sale to the consumer business, where the consumer is making the decision to buy directly from an unregulated, uninspected home kitchen that may or may not cut corners or carry insurance. Therefore the consumer is able to make an informed choice. A reseller eliminates that choice. Additionally, those who do legally serve the reseller/catering/restaurant trade have a boatload of expenses that are tied to operating a legal business. It isn't fair to them to have to compete with others who sell illegally to the same market and can undercut prices because if these lowered costs. There's a place for home bakers but that market isn't it.

The laws are there for a reason. Sure, you can circumvent them. But heaven help you if someone gets sick or injured or one of your competitors finds out what you're doing.

[OpenD]

Originally Posted by A-Tex

The laws are there for a reason. Sure, you can circumvent them. But heaven help you if someone gets sick or injured or one of your competitors finds out what you're doing.

I don't disagree with you, in principle, but honestly... I do know it's done, and I don't think it's a big deal.

[gdu]

Please tell us the name of your new company so those of us who aren't in to cottage food can avoid it.

[Reggieray]

Yuck. I don't want to be buying food made in some unknown persons home kitchen. No thank you. Anyone that says its fine has no clue.