Texas Cottage Food Bill Update.

It’s never a fun thing to have to set the record straight, to be misquoted or misrepresented.

But this is where I find myself. An article about the Texas Baker’s Bill was recently published in the Houston Press and Dallas Observer, which unjustly claimed that I do not support the bill. That claim was false and careless, and the newspapers have posted corrections. But too little, too late.

However, all dark clouds have a silver lining, and this event has allowed me to be open and honest about a very delicate issue that I have not thought much about in the past.

The Texas Baker’s Bill is a cottage food bill going through the Texas Legislature that would allow home cake decorators in Texas to operate legitimate bakeries in their home. This bill has not passed the House yet, but support for and against is strong. Many Texas cake decorators have asked my position on this bill and it’s time they knew how I felt.

Upon graduating from college, I was faced with the question all young adults must answer. Now what am I supposed to do? I have always loved decorating cakes, and so I began making cakes out of my parent’s home kitchen.

After a few years, with no responsibilities of marriage or children, I took the plunge and got a Small Business Loan in the fall of 2001. I opened my commercial kitchen/wedding cake boutique in Dallas in the Spring of 2002. I was the beneficiary of perfect timing and opportunity.

In today’s climate, it is next to impossible to get a loan for any business. And with the economy still in the grip of recession, it seems foolish to drop $100,000 to set up a commercial kitchen with no guarantee of success. This should not be regarded as laziness on the behalf of those who do not benefit from the luck of my timing.

Home cake decorators find themselves in a trap. How do I make an income and further my skills as a cake decorator legally? It’s frustrating. I’ve been there. But I had the means to legitimize my business without having to pass state legislation. Most home bakers do not. And for this, I am extremely sympathetic.

Honestly, I had not read the bill until five days ago. And I took no public position on the matter. At first hearing, I thought the bill was a demand for home bakers to slip past the rules without going through the difficulties I went through as a start-up bakery, or the difficulties I go through as a bakery owner today. But upon reading the bill and talking to people all over the state, I see now that it fairly gives home bakers a legitimacy that they deserve.

The bill would enforce several restrictive demands on the home baker. It forces the home baker to become licensed and to pay a yearly fee, as well as a get food manager’s license. The bill forces the home baker to provide proper food labeling for any product they sell, which is something that I am not forced to do. They are even required to label their product as “made in a home kitchen that is not routinely inspected by a local health authority.”

The bill restricts home bakers on how they can sell their product and to whom they can sell it to. There is also a large portion of the bill devoted to whistle blowing, stating that they may easily be held accountable to the state health department.

Seems fair, doesn’t it?

For those in the professional world who ask, why should we legitimize home-based food service? My answer to that is simple. Why wouldn’t we support a bill that legitimizes and regulates food products? This bill sets standards that any food professional would hold important. And, I can say for certain that the Baker’s Bill poses no major competition for commercial bakeries. Not only does the bill set drastic limits on who the home baker may sell to, it also sets income limits. A home baker could never take on the load of a large professional kitchen with its employees, payroll, marketing costs, etc. These home-based bakers do not pose a threat to the gross sales of large commercial bakeries.

Where the client choses to purchase baked goods is essentially up to the client. If the client feels that a home kitchen is unsanitary, they can choose a bakery to purchase product. In turn, if a client feels a commercial kitchen is unsanitary, then they can choose a home-baker to purchase goods from. It’s all about the consumer’s needs, and these consumers are protected in this bill. And there is plenty of business to be had by all.

I am, at heart, a home cake decorator. Home is where I found my passion and nurtured it. Home is where my roots as a bakery owner began. Fancy Cakes by Lauren is a successful small business in Dallas and I am in my 10th year as a proud owner. None of this would have happened if I had not started at home.

We live in a country of choices. We can choose who to vote for, what religion to practice, and we can make life choices that affect our families. The home baker has no choice but to work in the dark. They are screaming for legitimacy and need to be commended for seeking out regulation and guidelines under which they can be held accountable. The bill needs to pass not only for these important standards, but also for these people who dedicate their lives for the betterment of our art. And I am forever respectful of their struggle and efforts to get this legislation passed.

Here is my official stance:

My name is Lauren Kitchens. I am a Texas business owner and a professional in the food service industry. And I support the Texas Baker’s Bill.

In an unrelated note(except in terms of the bill), the bill has gained two co-authors (to a total of three authors now), both of whom are on the Public Health Committee. They are both Republican which makes the bill bi-partisan, in terms of political ‘oomph’ that’s quite significant so our thanks to those guys for supporting the bill!