The state of Wisconsin is keeping its citizens safe…from home-made baked goods.
This sounds like a story from The Onion, but it’s completely real. In Wisconsin, it is illegal to sell cookies and cakes you made in your personal kitchen:
Anyone with an oven and a recipe should be able to have a baking business—but that is not the case in Wisconsin, where selling baked goods made in your home kitchen is punishable by up to $1,000 in fines or six months in jail…
The ban is purely political. Commercial food producers like the Wisconsin Bakers Association are lobbying against a “Cookie Bill”—which would allow the limited sale of home baked goods—in order to protect themselves from competition. Assembly Speaker Robin Vos, who owns his own commercial food business, even refused to allow the Assembly to vote on a Cookie Bill last session, despite bipartisan support.
The bakery association argued that home baking sales shouldn’t be legal because—and again, this is a real quote—”too many small bakery owners are over burdened by regulations, we don’t need more competition, we need cooperation from our government!”
The “logic” here is that bakers with commercial kitchens are over-regulated, so it’s only fair that bakers with home kitchens be regulated right out of business.
Um, what?!
It’s almost like the Wisconsin Bakers Association forgot that the government they want to cooperate with them is the source of their own regulatory pain.
The situation gets even sillier when you realize just how specific the ban is: Selling canned goods made in a home kitchen is legal. Or raw apple cider made at home? That’s A-ok with Wisconsin. Homemade popcorn? Also fine. But selling a cake made in the same kitchen on the same appliances will somehow, suddenly make you a menace to society.
[O]n January 13, 2016, three Wisconsin farmers joined with the Institute for Justice in filing a constitutional lawsuit in state court against Wisconsin’s State Department of Agriculture. The lawsuit will ask the court to strike down this arbitrary home-baked-good ban and allow home bakers to sell home-baked goods—like muffins, cookies and breads—directly to their friends, neighbors and other consumers.
“If I could legally still home-baked goods, it would add an additional income stream to our family,” says one woman who’s working with IJ. “In the rural community, people work really hard and they don’t make a lot of money”—and it’s high time Wisconsin repealed this ridiculous ban on a safe, delicious source of additional income.
I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
The occasional things, school and church bake sales for example, are not the same as daily cooking for additional income.
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I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
Correct. You can't just cook in your home kitchen and sell the wares. There are certain regulations that must be followed in a kitchen that produces food for sale. A separate sink for hand washing that no food for sale comes in contact with, hot water to wash dishes that reaches a certain temperature, sanitized work surfaces, etc...
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Out of all the lies I have told, "just kidding" is my favorite !
I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
Oh really? So we can't have church bake sales and sell homemade hoagies for booster clubs? The govt takes something that is not a problem and tries to say 'oh there is a CHANCE that something bad could happen". Yeah, something bad can happen. Lots of people have gotten sick at "govt inspected" places too. So, we all want to live in some Fantasy Land that somehow govt stamping something removes all risk in life. Ridiculous.
A fund raiser is different than running a business. When I buy from a bake sale, I accept that risk. As long as any home made goods are clearly known to be home made, fine, I won't be buying them, I'll let natural consequences do their thing.
I would not knowingly buy something made in a non-comercial kitchen by someone I did not know - fund raiser or for-profit.
A fund raiser is very, very different than running a for-profit business out of your home.
Is there a complete list of ingredients on the packaging as per the law?
Can it be certified "peanut-free" for those who are allergic?
Just saying "Oh, I didn't put any peanuts in it" isn't good enough. There has to be no trace of peanut dust in the product.
Are you paying taxes on your profits?
Has your kitchen been inspected? Maybe you have roaches or mice.
I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
Correct. You can't just cook in your home kitchen and sell the wares. There are certain regulations that must be followed in a kitchen that produces food for sale. A separate sink for hand washing that no food for sale comes in contact with, hot water to wash dishes that reaches a certain temperature, sanitized work surfaces, etc...
I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
Correct. You can't just cook in your home kitchen and sell the wares. There are certain regulations that must be followed in a kitchen that produces food for sale. A separate sink for hand washing that no food for sale comes in contact with, hot water to wash dishes that reaches a certain temperature, sanitized work surfaces, etc...
Then say goodbye to any new food products and brands, b/c it's how many of them start.
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LawyerLady
I can explain it to you, but I can't understand it for you.
It's amazing any of us are here at all. Our grandparents should have all perished from eating kitchen made, non regulated food, and the human race should have died off.
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LawyerLady
I can explain it to you, but I can't understand it for you.
The girls in our local Royal Court will be having a bake sale the day before Valentine's Day. I have a food handler's license, and I will be supervising them as they bake the cakes and cookies. The kitchen in our community building is spotless - we sanitize it after every rental. Thermometers in both the refrigerator & freezer to make sure they are within allowable temperature ranges. Hairnets & gloves. 3 section sink for washing, plus a hand-washing sink.
I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
Correct. You can't just cook in your home kitchen and sell the wares. There are certain regulations that must be followed in a kitchen that produces food for sale. A separate sink for hand washing that no food for sale comes in contact with, hot water to wash dishes that reaches a certain temperature, sanitized work surfaces, etc...
Then say goodbye to any new food products and brands, b/c it's how many of them start.
Actually I work with new vendors just starting out every single day in my job. Yes, when they develop a product it is often done in their home kitchen. However once they decide to sell the item for money, it must be made in a commercial kitchen. Because, you know, it's the law.
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Out of all the lies I have told, "just kidding" is my favorite !
And by commercial kitchen, I mean one that is regularly inspected by the board of health with all the food safety regulations in place and working. They may NOT sell items in a for profit business made out of their home kitchen unless they open it up to the board of health to inspect. And home kitchens are not equipped to pass health inspections.
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Out of all the lies I have told, "just kidding" is my favorite !
I honestly didn't think this was allowed anywhere. Kitchens that produce food for sale are subject to inspections and regulations. That is how it should be in my book
Correct. You can't just cook in your home kitchen and sell the wares. There are certain regulations that must be followed in a kitchen that produces food for sale. A separate sink for hand washing that no food for sale comes in contact with, hot water to wash dishes that reaches a certain temperature, sanitized work surfaces, etc...
Then say goodbye to any new food products and brands, b/c it's how many of them start.
Actually I work with new vendors just starting out every single day in my job. Yes, when they develop a product it is often done in their home kitchen. However once they decide to sell the item for money, it must be made in a commercial kitchen. Because, you know, it's the law.
Exactly! One of our largest grocery store chains accepts pitches from home cooks. If it passes the taste test and is profitable, it MUST be made in a commercial kitchen.
-- Edited by weltschmerz on Sunday 17th of January 2016 05:20:20 PM
It's amazing any of us are here at all. Our grandparents should have all perished from eating kitchen made, non regulated food, and the human race should have died off.
A lot of people have died from food borne illnesses, including food made in someone's unsanitary kitchen.
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It's amazing any of us are here at all. Our grandparents should have all perished from eating kitchen made, non regulated food, and the human race should have died off.
A lot of people have died from food borne illnesses, including food made in someone's unsanitary kitchen.
And a lot of our grandparents and great grandparents died and nobody knew exactly why.
It's amazing any of us are here at all. Our grandparents should have all perished from eating kitchen made, non regulated food, and the human race should have died off.
A lot of people have died from food borne illnesses, including food made in someone's unsanitary kitchen.
Even when food is prepared in a restaurant there is no promise that it would be safe. Chipolti blue bell and other restuarants had problems with listeria and e-coli. I do admit that I won't eat food from homes I don't think are clean.
I bake all my neighbors treats for Christmas. They all seem to love it. I just managed to get around to dropping off this year's treats on Friday. One neighbor had made us spiced nuts and home made marshmellows for hot cocoa. The other neighbor made us an interesting wreath. I have no problem accepting their treats and they seem to enjoy what I make.
I wouldn't bake out of my home for a business because I'd want it separate for several reasons. I wouldn't want my house always in a state of craziness with food orders. I would want industrial size equipment so I could make copious amounts as needed. And it also makes taxes easier.
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“You may shoot me with your words, you may cut me with your eyes, you may kill me with your hatefulness, but still, like air, I'll rise!” ― Maya Angelou
I bake all my neighbors treats for Christmas. They all seem to love it. I just managed to get around to dropping off this year's treats on Friday. One neighbor had made us spiced nuts and home made marshmellows for hot cocoa. The other neighbor made us an interesting wreath. I have no problem accepting their treats and they seem to enjoy what I make.
I wouldn't bake out of my home for a business because I'd want it separate for several reasons. I wouldn't want my house always in a state of craziness with food orders. I would want industrial size equipment so I could make copious amounts as needed. And it also makes taxes easier.
I believe the pioneer woman has a separate kitchen from the one in her home to do her cooking show.
I bake all my neighbors treats for Christmas. They all seem to love it. I just managed to get around to dropping off this year's treats on Friday. One neighbor had made us spiced nuts and home made marshmellows for hot cocoa. The other neighbor made us an interesting wreath. I have no problem accepting their treats and they seem to enjoy what I make.
I wouldn't bake out of my home for a business because I'd want it separate for several reasons. I wouldn't want my house always in a state of craziness with food orders. I would want industrial size equipment so I could make copious amounts as needed. And it also makes taxes easier.
I believe the pioneer woman has a separate kitchen from the one in her home to do her cooking show.
When I bake at home it seems like every available surface is taken up by baking things. We sometimes run out of room to put pans of cookies or layers of cakes. I can't even imagine doing it on a professional scale in my home. I would never ever see my counters, sinks, or oven ever again.
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“You may shoot me with your words, you may cut me with your eyes, you may kill me with your hatefulness, but still, like air, I'll rise!” ― Maya Angelou
If people can't have bake sales and such - the government has gone too far. People have the choice to buy it or not. If they are worried about people's kitchens, they don't have to buy from a bake sale.
I will never understand why people want the government to micro-manage everything when the government already screws up the stuff they are in charge of.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I am in favor of less regulation--but--it has to be accompanied by a "buyer beware" clause. If you choose to buy goodies made in an U inspected kitchen, or raw milk, or whatever, you lose the right to legal remedy if you get sick.
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
I am in favor of less regulation--but--it has to be accompanied by a "buyer beware" clause. If you choose to buy goodies made in an U inspected kitchen, or raw milk, or whatever, you lose the right to legal remedy if you get sick.
"Buyer Beware" is a phrase for a reason.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I am in favor of less regulation--but--it has to be accompanied by a "buyer beware" clause. If you choose to buy goodies made in an U inspected kitchen, or raw milk, or whatever, you lose the right to legal remedy if you get sick.
"Buyer Beware" is a phrase for a reason.
But you know as well as I do that the courts are clogged with nonsense like this.
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
If people can't have bake sales and such - the government has gone too far. People have the choice to buy it or not. If they are worried about people's kitchens, they don't have to buy from a bake sale.
I will never understand why people want the government to micro-manage everything when the government already screws up the stuff they are in charge of.
And, we can all see how well govt manages everything!
It's amazing any of us are here at all. Our grandparents should have all perished from eating kitchen made, non regulated food, and the human race should have died off.
But even 100 years ago a lot of people grew their own food. That isn't possible for more than a handful, now, and a LOT of people did die then due to unsanitary conditions at places that got the food from farm to table.
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.