11 yr olds cupcake "business" shut down by local government agency....

[badgeguy]

http://newsfeed.time.com/2014/01/29/...upcake-seller/

Just saw this posted on my Facebook feed....this story (and the other one about the school taking lunches away) are totally insane!!

The saddest fact, regardless on how one stands on this issue is that people are found these things to other people!! Like any news report it's sad to see that there are those people out there who seem to have no moral guidance whatsoever!!

So much for trying to chase your dreams!! I guess this country IS going downhill....

[LAblondeGPhi]

Originally Posted by badgeguy

The saddest fact, regardless on how one stands on this issue is that people are found these things to other people!! Like any news report it's sad to see that there are those people out there who seem to have no moral guidance whatsoever!!

So much for trying to chase your dreams!! I guess this country IS going downhill....

I am so confused by what point you're trying to make.

Regardless, I don't think this is a crazy story. A sixth grader baking and selling cupcakes occasionally shouldn't be an issue, but if she's trying to do this on an ongoing basis, then there are all kinds of issues (particularly health codes) that need to be addressed.

[DubaiSis]

If it goes beyond lemonade stand at the end of the driveway or school bake sale, it should be treated like a real business. It is FOOD, after all. And $200 a month to me says real business.

[MysticCat]

Originally Posted by badgeguy

Like any news report it's sad to see that there are those people out there who seem to have no moral guidance whatsoever!!

Huh?

This kid is trying to run a business, not just set up a cupcake stand. Applicable law requires a seperate kitchen (as it does almost everywhere in this country). And I'm betting the applicable law also defines the difference between businesses and a kid's cookie or cupcake stand.

The mom said:

. . . she wasn’t looking for special consideration for her daughter and would be willing to get the necessary licenses and permits to run a business.

“But a separate kitchen? Who can do that?” Heather Stirling said.

So yes, the mom is looking for special consideration for her daughter, consideration that says the law doesn't apply to her.

If this kid has adult dreams and wants to chase them, she needs to accept the adult responsibility that comes with the chase.

[pinksequins]

I am glad I am not the only one who found the post incoherent in part and unsustainable in others. OP, in addition to the points already made, this matter does not involve a moral issue. It is a legal matter.

[AGDee]

I have a friend who lives in a very small town and a few weeks ago, when lots of folks were snow bound, she started cooking. She's a fantastic cook and loves to cook for people. She always makes enough to feed an army. So she called a neighbor and told her she had lots of extra and did she want some. The neighbor gave her money to cover the cost of the food. The next day, she did the same with another neighbor. She ended up feeding a different family each day that week because they were snowed in the whole week (she's a teacher and had snow days). She got a letter from the health department that she had to stop. She was sad. They suggested she open a restaurant. She was like "I just want to cook for people, I don't want a business."

I see both sides of it. But, where do you draw the line? What about bake sales? Those happen all the time. I'm not familiar with the law so I don't know when it becomes a problem. Then again, I've had co-workers refuse to participate in pot lucks at work because they don't know what kind of shape other people's kitchens are in!

[ASTalumna06]

Originally Posted by AGDee

I see both sides of it. But, where do you draw the line? What about bake sales? Those happen all the time. I'm not familiar with the law so I don't know when it becomes a problem. Then again, I've had co-workers refuse to participate in pot lucks at work because they don't know what kind of shape other people's kitchens are in!

I don't know if it was a campus rule or a sorority rule, but we weren't permitted to hold bake sales while in college. I can completely understand why. We never questioned it. It would potentially create so many liability issues.

[TPA85]

The rule here (not sure if it's state-specific or county-specific) is that if food is offered for free or "by donation" then it isn't regulated as a restaurant and no health permit is needed. If you are selling for a set price, it is considered a restaurant. That's how student orgs could hold bake sales, etc on my campus.

[MysticCat]

Originally Posted by AGDee

I see both sides of it. But, where do you draw the line? What about bake sales? Those happen all the time. I'm not familiar with the law so I don't know when it becomes a problem.

i can see how there might be a gray area, but what I note in the case in the OP is what I quoted—that the mother was willing to get the necessary licenses and permits for a business. That says that in that case, everyone understood the the kid was trying to run a business, not just have an occasional cupcake stand. The fact that her grandparents had bought her a refrigerator indicates the same thing. So, if you're trying to run a business, you've got to do it properly and comply with all laws and regulations.

[DubaiSis]

Originally Posted by AGDee

She got a letter from the health department that she had to stop. She was sad. They suggested she open a restaurant. She was like "I just want to cook for people, I don't want a business."

I see this as completely apples to car tires. But I would really like to know who narced on her about this tremendous generosity.

Several years ago one of my sisters broke her leg in 3 places (slipping on the ice) and was basically bedridden for a couple months WITH 2 little kids. A friend of hers, without asking permission, got a group of her friends together to schedule who would bring them food 3 times a week and who would pick up and drop off the kids at all their typical American kid activities day after day after day. They did it continually. I suppose my sister could have narced on them for providing limo service without a license.

[AGDee]

It's a very small town and I'm sure people were just talking "M**** cooked for us last night and the Smiths the night before and she's such a good cook... well yeah, we paid her for the food" and it just got around. She wasn't making money on it, but was receiving money. I'm sure if she just gave it away they couldn't say much. I think the difference is in whether you're accepting money or not. We've done similar things for families with a member who has cancer- make meals, help with transporting kids- but it was all donations.

Truthfully, if the lady in my story had unlimited funds, she would cook for the whole world every day. She loves to cook and loves to see people enjoying her food. It's part of her identity really.

[tuco99]

Originally Posted by MysticCat

Huh?

This kid is trying to run a business, not just set up a cupcake stand. Applicable law requires a seperate kitchen (as it does almost everywhere in this country). And I'm betting the applicable law also defines the difference between businesses and a kid's cookie or cupcake stand.

The mom said:


So yes, the mom is looking for special consideration for her daughter, consideration that says the law doesn't apply to her.

If this kid has adult dreams and wants to chase them, she needs to accept the adult responsibility that comes with the chase.

There are MILLIONS of illegals doing business in the USA and the goverment does nothing. The illegals do more than $200 a month.

We need cupcake reform.

[MysticCat]

Originally Posted by tuco99

There are MILLIONS of illegals doing business in the USA and the goverment does nothing. The illegals do more than $200 a month.

Yeah, something tells me that the local health inspector isn't really in the position to do much about deporting undocumented aliens.

Nice try, though, Max.

[pinksequins]

Bump

[chi-o_cat]

Originally Posted by AGDee

Then again, I've had co-workers refuse to participate in pot lucks at work because they don't know what kind of shape other people's kitchens are in!

When we do potlucks at work, I’m always the one who signs up to bring plates, napkins, sodas, cups, etc. I would be so embarrassed if I brought in homemade food and someone found cat hair in it or something (I have 4 cats).