Legalizing the Home Bake Sale

By thesavagegourmet / Jul 7, 2011

It took one cake decorating class six years ago for Round Rock resident Kelley Masters to realize she had a natural aptitude for finessing layers of batter and icing into beautiful confections. With a gift for ganache, a fancy for fondant and the patience for piping petals, she enjoyed making cakes for all occasions. When she was asked to bake a one for a friend's wedding, she immediately began churning out practice versions. The extras were happily devoured by members of her church.

“I had far more practice cakes than one household could eat,” said Masters.

In 2005 alone the demand for her cakes grew within her close-knit community at church and among friends and everyone wanted her business card along with her cakes. As someone who plays by the rules, she figured it would be smart to call the Williamson County Health Department for some information on running a business out of her home. They told her she needed to use a commercial kitchen. The first one she tried was free, but so filthy she couldn’t bear the thought of one of her cakes coming out of it. The next try was $10 per hour, but you’d be surprised how quickly that adds up.

But six years after that first class, the 2011 legislative session happened, and with it, the passage of SB 81 by Senator Jane Nelson, under the sponsorship of Representative Lois Kolkhorst. Known as the Texas Baker's Bill or Cottage Foods Bill, SB 81 allows Texans to make and sell low risk foods like jams, jellies, breads and pastries directly from home up to $50,000 gross profit. You just can’t sell the products on the internet or at farmer’s markets.

Getting the bill to pass wasn’t easy. In 2007, Masters began by writing letters to her local and state representatives and didn't get so much as a form letter response. The fall of the economy in 2008 made way for the restructuring of the bill in 2009 which focused on helping people help themselves, but with a packed legislative schedule, it died on the calendar.

This session the cottage foods bill SB 81 was given a louder voice through the Farm and Ranch Freedom Alliance (FARFA), an organization found in 45 states that works to protect small scale farmers and ranchers from hindering regulations created by and for the industrial agricultural giants. In addition to SB 81, FARFA is constantly working to deregulate small scale farming and food production such as facilitating the sale of raw milk, and helping reduce limiting provisions at farmer's markets that make it difficult for smaller purveyors to participate.

“I and other farmers and consumers can get buried by regulations,” FARFA Founder/Director Judith McGreary said.

McGreary hopes that in the future the cottage food bill will be expanded, allowing producers of low risk goods to sell at farmer's markets, which was part of the original SB 81 bill proposal.

“I think it's appalling that it was taken out,” she said.

The only opposition to SB 81 was from health officials who had negligible evidence of food born illnesses caused by home kitchens. Several other states allow folks to cook and sell low risk goods directly from home.

“In all the research that I did I saw that it has proven to be a good thing that works in other states,” Masters said.

Through Texas Bakers Bill Facebook page, Masters has made over 4,000 friends, many of whom are eternally grateful they will now be able to work from home legally. Here are just a few of their many posts:

Cindy Montague Hunter I have been decorating cakes for 17 years. Recently I found out that selling to my family and friends was against the law. This new law will allow me to use my talents to provide delicious, beautiful cakes to my friends and family as well as many new customers. My plans are to launch a website, create a business plan and be ready to sell, sell, sell on September 1st!!

Lise Rochat Bonin The passage of this law will allow facilitate my contribution to our family income while remaining at home to care for our children and our home. The best of both worlds!

Melissa 'Longoria' Hinkley I am a recent military widow and in the process of moving back to our home state of Texas. This new law would afford me the opportunity to continue being a stay at home mom, at least until my son is of school age, which means a great deal to me!

As for Masters, she is not planning on launching a full scale home business. With the passing of time, and her growing family she says there is a lot of “water under the bridge.” She is, however, looking forward to being able to say "yes" when friends and family want her to bake them one of her delicious creations.

Photo courtesy of TipsyCake Chicago.

 

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