Selling cakes made in a domestic kitchen - legal or not?

raphaelangelo · 7 May 2011 at 9:55AM

A dog rescue I'm involved in are running a fundraising stall at a show soon. Someone's suggested that they bake cakes for it but the Boss-man is concerned that cooking for sale at such an event needs to be carried out in an "approved" kitchen.

I must admit I did too then I started wondering... so what about all those mums who bake and contribute a cake for the school fete or church bazaar? Surely they don't all have H&S inspected, approved kitchens?

Can anyone advise on the legality of selling cakes at a fete that were made in the normal family kitchen please? We're enthusiastic and desperate to raise funds for the rescue but don't want to land them in the mire!

Thank you.

Savvy_Sue · 7 May 2011 at 8:48PM

I would suggest contacting the local Environmental Health Dept. I'm no longer involved in school fundraising so I don't know whether the H&S brigade have taken over ...

I can tell you that although we are registered with Env Health at work (small charity) because we prepare food on the premises, we do receive home-made cakes for our clients. We're not selling them, so I don't know if that makes a difference. And I'm fairly sure EH are aware that we receive cakes, because they would have been in evidence in the kitchen at any inspections!

sutty1966 · 10 May 2011 at 2:42PM

Can't advise you on the legal stuff, but as a parent I'm asked to make cakes to sell at school, and also we sell cakes at church, and I can guarantee that not all, if any of them, are made in an approved kitchen. I do know when we sell hot food (burgers, hot dogs etc), we have people who've been trained in food hygiene in attendance.

ravenjet · 10 May 2011 at 3:16PM

I along with others bake for our local church if they have a fundraising event, none of us have approved kitchens or hold any certificates, all we do is make sure we advertise if nuts are in anything. It's what you expect at a fundraiser, home made cakes not ones from a professional kitchen, I have never heard of any problems so I would go ahead and bake.

PasturesNew · 10 May 2011 at 3:30PM

There are some, small, exceptions to having an approved kitchen. Exemptions are if you produce food on a "casual and limited" basis, which is the term the Councils use. So the odd cake here and there's exempt, but a weekly stall selling cakes wouldn't be.

However, I'm not sure how many people would fancy food cooked in the kitchen of somebody involved in animal rescue as they'd imagine that the person's house is likely to contain several animals, so the kitchen might be a bit hairy

vixki · 10 May 2011 at 6:40PM

Not sure actually... to be honest I don't thinnnk it's OK, I recently did a food hygeine course and I know that unless you have a food hygeine certificate you're not allowed to sell any homemade food unless the person who made it has a food hygiene certificate, I think its the same for kitchens too.
there is a loophole though, because you are allowed to give away food for free, if you say 'Get a free cake with every 20p donation' then that's OK.

bambammy · 11 May 2011 at 12:32AM

When I did my intermediate health and hygiene, we were told no-one is allowed to run any business and be in charge of food making unless they have an intermediate. This is including people who make food for chairty. Also if I remember correctly HACCP was added to legislation. HACCP -hazard analysis critical control points.

Then there's due diligence. HACCP help you prove you have taken all necessary steps to control risks and produce safe food.

Last year my daughter was in bed with really bad sickness and diarrhoea for 4 weeks. Insisting it was the pie she bought at the shop where she did her school work experience.

Two weeks ago, she was in bed for a week. She never washed her hands before eating food with her fingers.

http://www.food.gov.uk/multimedia/pdfs/fsa1782002guidance.pdf page 7 = They include all others who supply food, including food produced by individuals for charitable and similar events, for example someone running a one-off food event such as a buffet at a dance.

http://www.food-solutions.org/food_safety_checklist_haccp.html

http://www.food.gov.uk/foodindustry/regulation/foodlaw/

kaz0705 · 6 June 2011 at 8:55PM

I was concerned about this and had a tea party fundraiser recently. The way I got round it was by asking for donations rather than selling anything - although I did put a suggested donation amount on the signs!

Cafefalco · 1 November 2011 at 1:41PM

Hi - just to dispel a continuing myth - you do not have to have a Hygiene Certificate by law. They tried to bring this in for all staff in food establishments about 15 years ago but the idea was dropped.

See the Food Standards Agency's publication A guide to Hygiene.

"You and your staff do not have to attend a formal course,
though these are useful. You could use a pack produced
by the FSA, or an industry guide to good hygiene practice,

to train yourself and your staff."

Of course its a nice to have.

Selling cakes made in a domestic kitchen - legal or not?

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