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Post Info TOPIC: In Wisconsin, selling homemade baked goods can land you in jail


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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.

Fortunately, the Institute for Justice (IJ)—a libertarian law nonprofit with a great record striking down dumb regulations like onerous hair-braiding licensesis fighting back:

[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.

 

http://rare.us/story/in-wisconsin-selling-homemade-baked-goods-can-land-you-in-jail-seriously/



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If you're out selling cakes and cookies door to door, or from a table in front of a store,

who's certified that your kitchen is free of rodents (and droppings) and roaches?

Who's certifying that you're not using milk that expired two weeks ago?

Who's certifying that you're using real baking soda and not rat poison?

 

for profit?

 

 



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ed11563 wrote:

If you're out selling cakes and cookies door to door, or from a table in front of a store,

who's certified that your kitchen is free of rodents (and droppings) and roaches?

Who's certifying that you're not using milk that expired two weeks ago?

Who's certifying that you're using real baking soda and not rat poison?

 

for profit?

 

 


   Who cares?  Yeah, we need Daddy Govt to "certify" and bless our every move.  Maybe YOU do, but the rest of us don't.



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Lady Gaga Snerd wrote:
ed11563 wrote:

If you're out selling cakes and cookies door to door, or from a table in front of a store,

who's certified that your kitchen is free of rodents (and droppings) and roaches?

Who's certifying that you're not using milk that expired two weeks ago?

Who's certifying that you're using real baking soda and not rat poison?

 

for profit?

 

 


   Who cares?  Yeah, we need Daddy Govt to "certify" and bless our every move.  Maybe YOU do, but the rest of us don't.


And when you find cat or dog hair in the home made pie you bought from a stranger, then what? 

 



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ed11563 wrote:
Lady Gaga Snerd wrote:
ed11563 wrote:

If you're out selling cakes and cookies door to door, or from a table in front of a store,

who's certified that your kitchen is free of rodents (and droppings) and roaches?

Who's certifying that you're not using milk that expired two weeks ago?

Who's certifying that you're using real baking soda and not rat poison?

 

for profit?

 

 


   Who cares?  Yeah, we need Daddy Govt to "certify" and bless our every move.  Maybe YOU do, but the rest of us don't.


And when you find cat or dog hair in the home made pie you bought from a stranger, then what? 

 


 Then what what?  So what?  



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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

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Are PTO bake sales exempt? What about lemonade stands?

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This is another stupid move by the government to control absolutely every part of our lives.

Next will be the church sponsored soup supper to raise funds for the kids to go on a religious retreat.

What a bunch of bull.

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This isn't new.

The occasional things, school and church bake sales for example, are not the same as daily cooking for additional income.



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Divine Geek wrote:

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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Divine Geek wrote:

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.



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lilyofcourse wrote:

This isn't new.

The occasional things, school and church bake sales for example, are not the same as daily cooking for additional income.


 So what?  It's food and it's being sold.  So, there is a "risk" for a daily sell but not of an occassional seller?  That's absurd.



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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.

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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 agree with this law.

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Mellow Momma wrote:
Divine Geek wrote:

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...


 Thanks for the clarification.

flan



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ed11563 wrote:
Lady Gaga Snerd wrote:
ed11563 wrote:

If you're out selling cakes and cookies door to door, or from a table in front of a store,

who's certified that your kitchen is free of rodents (and droppings) and roaches?

Who's certifying that you're not using milk that expired two weeks ago?

Who's certifying that you're using real baking soda and not rat poison?

 

for profit?

 

 


   Who cares?  Yeah, we need Daddy Govt to "certify" and bless our every move.  Maybe YOU do, but the rest of us don't.


And when you find cat or dog hair in the home made pie you bought from a stranger, then what? 

 


 Don't buy from them again and tell your friends not to buy from them.  It's called a free market. 



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Mellow Momma wrote:
Divine Geek wrote:

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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Lady Gaga Snerd wrote:
ed11563 wrote:

If you're out selling cakes and cookies door to door, or from a table in front of a store,

who's certified that your kitchen is free of rodents (and droppings) and roaches?

Who's certifying that you're not using milk that expired two weeks ago?

Who's certifying that you're using real baking soda and not rat poison?

 

for profit?

 

 


   Who cares?  Yeah, we need Daddy Govt to "certify" and bless our every move.  Maybe YOU do, but the rest of us don't.


Who cares? Seriously? Who cares if there are rat droppings, expired milk, or rat poison in our food? 

Well, maybe you have no problem eating expired food or rat droppings, but I do.

Who cares, indeed!



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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.

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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.

Hope we have a warm day for the sale.



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Lawyerlady wrote:
Mellow Momma wrote:
Divine Geek wrote:

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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Sniff...sniff, sniff. Yay! A Bum!

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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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Mellow Momma wrote:
Lawyerlady wrote:
Mellow Momma wrote:
Divine Geek wrote:

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

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Lawyerlady wrote:

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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ed11563 wrote:
Lawyerlady wrote:

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.

"Oh he was old. His heart must have given out."



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ed11563 wrote:
Lawyerlady wrote:

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. 


 Exactly. A law that makes sense? Let's mock it.

flan



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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.

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I spent a year going into people's homes to remodel their kitchens. I saw too much to eat things made in kitchens I don't have prior trust in.

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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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I dont know how some people can function without Daddy govt telling them which nostril to blow first.

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This has been the law for decades. Not sure why the outrage now. Do you know how easy it is to spread ecoli? Or listeria? Or the norovirus?

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No. Why dont you explain it to me in great detail?

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Well they need to shut down these rogue Amish selling their pies. We cant have that!

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Lady Gaga Snerd wrote:

Well they need to shut down these rogue Amish selling their pies. We cant have that!


The Amish don't have to obey the laws, do they? 

 



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Nobody Just Nobody wrote:

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. 



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Lindley wrote:
Nobody Just Nobody wrote:

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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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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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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huskerbb wrote:

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 wrote:
huskerbb wrote:

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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Lawyerlady wrote:

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!



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Lawyerlady wrote:

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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