NJ Home Bakers: Legalize Sale of Home-Baked Goods
In times of economic trouble people often turn to hobbies as way of earning extra income. Well, if your hobby happens to be baking and you live in a state that doesn’t have a Cottage Food Law enacted, such as New Jersey, then find something else.
Without such legislation enacted, baking in a residential kitchen and selling those goods is illegal. According to New Jersey’s retail food rules (Chapter 24 N.J.A.C. 8:24), it is illegal to sell any home-prepared baked goods to anyone, including at a Farmer’s Market.
However, the code allows for not potentially hazardous home-prepared foods to be sold at a function such as a religious or charitable bake sale as long as it’s made known to all by the placement of a clearly visible placard stating such. Also, food prepared in the kitchen of a private home used for the purposes of a family child-care home or a bed and breakfast is also excluded and can be sold and/or served without violating the rules.
In 2009, two members of the NJ Cake Decorators Club, Grace DeStefano of Somerset County and Stephanie Haver of Hunterdon County rallied fellow members to contact state legislators. That effort resulted in the introduction of Senate Bill 2908 on June 15, 2009 (which eventually died in committee).
Undeterred, efforts began again in January 2011. Reaching out to members of the cake club and to those of popular baking websites, particularly CakeCentral.com and pieceofcakedecorating.com, Ms. DeStefano, mostly solo this time, spearheaded another letter-writing campaign.
On February 22, 2011 Senator Christopher Bateman of District 16 introduced Senate Bill S 2734 (permits the sale of home-baked goods under certain circumstances). Soon thereafter it was co-sponsored by Senator Michael J. Doherty. The bill has been referred to the Senate Health, Human Services and Senior Citizens Committee. According to DeStefano, interest from some Assemblypersons is expected to lead to the introduction of a companion bill in the near future.
If eventually signed into law, New Jersey would join 16 other states with such laws on the books. Research by DeStefano and Kelley Masters (heading the Texas Baker’s Bill) has shown instances or complaints of food-borne illnesses resulting from or relating to residential kitchens in these states to be few to none.
The lack of Cottage Food Laws is the biggest hurdle and frustration facing cake decorating enthusiasts wanting to take their craft to the next level. Renting a commercial kitchen or an incubator kitchen, one that’s passed inspection and is licensed, is plausible to remedy the situation, but trying to find one is a daunting task as they are few and far between.
It’s no wonder so many bakers sell their goods ‘under the radar’ all for the sake of recouping their costs or to bring in additional income. The sad truth is that most of these ‘underground’ home bakers want to be legal, obtain insurance, advertise and start a legitimate small business. The alternative is to buy, lease or rent property, but the costs involved are just too staggering for the average middle class family. To this end, home bakers have turned to state government to make a change.
“If this bill is passed and home bakers are required to take food safety courses in order to get licensed, it will actually increase public safety since there are already bakers selling cakes and such without any regulations whatsoever. At least once we’re all registered with a health agency, and paying for permits, licenses, etc. there should be even less of a chance of a food-borne illnesses and, if it ever did happen, there’s a way of tracking down where it’s origin”, said DeStefano. “This is a big thing right now – baking fancy cakes and all – with the proliferation of cake-related TV shows and all. The demand for them has skyrocketed and with the economy the way it is, those of us who’re able to create these cakes feel cheated that we’re not allowed to sell them. Right now Texas, Arizona, Washington and Illinois all have bills relating to Cottage Food Laws or operations. We all want the same thing – to be able to sell our cakes and cookies.”
Senate Bill S 2734 can be read in its entirety at www.njleg.state.nj.us . For up-to-the-minute news and updates regarding S 2734 by the NJ Home Bakers, please visit www.facebook.com/NJHomeBakersBill or follow it on Twitter @NJHomeBakerBill.
mayfairwitch1
12:50 pm on Thursday, March 24, 2011
For the life of me I don't know how anyone could purchase food at a fund raiser made in someone's kitchen you've never seen, but to each his own I guess.
I would support this bill as there would be some regulation.
just sayin
4:28 pm on Friday, March 25, 2011
I agree, a need for regulation would be in order. Such as safety and health inspections prior to "opening". Additionally, mandatory periodic inspections done by the health dept., just as are conducted wherever food is prepared commercially. I have a couple of viewpoints however, about your comment of purchasing food at a fundraiser. While i recognize that you stated to each his own, this already takes place and has for many years, at countless functions without regulations. I certainly have my own reservations about purchasing these home-baked goods. With that said, there are a few things that come to my mind. Even with regulations, do we know what goes on in the kitchen of a restaurant, in a commercial bakery, for that matter, what "behavior" takes place at food packaging plants everywhere? No, because health inspectors don't live there. They inspect, demand corrections for violations; if none are found, the report is filed until next time. I will limit my graphic possibilities and probabilities, but do you think the signs that say All Employees Must Wash Hands Before Returning To Work matter? Sadly, not everyone cares about good hygeine. Are we positive no one sneezes while around what we are served at our table? I could go on but this is ALL TOO GROSS! My point is, if you think about this, you wouldn't eat! Not at a restaurant, bakery or cook from anything purchased at a store. I'd hate to see an opportunity missed for a potential deserving person. LV needs a good bakery!
Elizabeth Maguire
11:42 am on Friday, March 25, 2011
This is exciting news! Thank so much for covering it! Will be eager to hear how thing progress...
Sharon Maroldi
5:34 pm on Friday, March 25, 2011
I agree with Just Sayin' - when you start to question the preparation of food, the possibilities seem limitless. Does the 30 second rule apply in their kitchen? I try not to think about it. It's like sleeping at a hotel. Who wants to think about who might have slept there before, what exactly is in or on the mattress, etc.
I think you have to take a hard look at the situation and give it your best estimate. If anything grosses you out, walk away. Otherwise, proceed.
And, I do think that home based business are an amazing way for people to begin business, since not everyone has the start-up money to get going elsewhere.
Good N Rich
5:43 pm on Friday, March 25, 2011
Its good to hear that people are in support of something like this! If you are interested in doing more, please help us out! Right now what we need to happen is for Senator Loretta Weinberg to post the bill (S2734) for a committee hearing. I would encourage you to send her either a postcard, an email, or give her office a call to nicely request that she post the bill. Also, please email or write to your three district representatives (two assemblypeople and one senator) to let them know that you support this bill and would love to see it passed so you, or somebody else, would legally be able to bake at home and sell their goods. All this information (addresses, phone no's, email contacts and districts) can be found in reading the below posts and also at www.njleg.state.nj.us
kell
7:55 pm on Tuesday, July 17, 2012
I would Like to say i have worked in the food industry for years and some of these places that are businesses and i worked at i did not want to eat there. They were dirty and did not take pride in what they do, but they were just the help. I would eat someones home cooking any day. The state does not come in that often to check a business and when they do they basically give a heads up.
Susan A.
1:50 pm on Thursday, October 11, 2012
I agree with Kell. I'd like to open a home bakery business and I KNOW I'm super sanitary. I also worked part time in a bakery and told everyone I knew NOT to buy from them b/c, although they were nice people, they didn't wash their hands after coughing, smoking, lunch break, etc. Most of the times they never wore the gloves. I was beyond disgusted working there (and quit) and am 100% certain my home kitchen and the steps I take, are 100% more sanitary than that bakery was.
padma
12:59 am on Tuesday, November 13, 2012
Yes i would support the bill. I think they should allow home baked goods to be sold in the open market. As it is every small business starts from home and they do have to sell goods outside to get the confidence and acceptance of their product,before investing money to open up a shop in this economy.