The Freedom To Sell Baked Goods From Your Own Home

in #food7 years ago

New Jersey is one state in the U.S. that currently criminalizes the act of selling baked goods to others if they were made in a home kitchen.

If you want to sell those baked goods for charity or nonprofit bake sales then that is permitted, but the moment that you seek to turn a profit from selling those home-baked goods, you'll be breaking the law.

And the violation could bring with it a fine up to $1,000.

Those who put forth and advocate for this sort of restriction, suggest that the intention behind the regulation here is to try and keep the public safe from items that might pose a threat if cooked in an unclean environment, cooked improperly etc. But does this rule really seek to do that (keep people safe) or is it more about trying to limit competition in the market to some extent?

That's what several bakers from New Jersey think. Now, the New Jersey Home Bakers Association along with the non-profit public interest law firm Institute for Justice are seeking to sue the New Jersey Department of Health over the matter.

When you consider the approach of state officials in this matter, you can't help but wonder why lawmakers would find it okay to bake the items in the home and sell them at charity events and nonprofits, but if you want to sell those same items to your neighbor or someone else then all of a sudden it's a safety/health issue?...

Just last year, a court in Wisconsin had declared their similar baked goods ban to be unconstitutional. And now there is hope that the same will occur in NJ.

A variety of bills have had their chance at being passed in NJ, seeking to remove the ban but they've all been struck down by Democrat Senator Joseph Vitale. But if the lawsuit with the IJ is successful, then the ban in NJ might be struck down by the court, giving Americans the freedom to bake goods at home and sell it for a profit in the state of NJ.

At the moment, those who want to bake their goods and sell them in the market for a profit are going to need to do their baking in a commercial kitchen or establish their own retail food establishment. And not everyone always has the resources or means available to be able to do that, so limiting their freedom to bake at home really restricts their ability to provide for themselves.

Lawmakers in New Jersey have previously demonstrated their willingness to make changes here, but it's allegedly Sen. Vitale who's been adamant about trying to keep those bills from ever receiving any floor vote. In the pending lawsuit, the bakers claim that this ban violates their Constitutional rights. Hopefully the courts are going to stand up for their right to bake.

Pics:
Pixabay
Giphy
Pixabay

Sources:
http://www.nj.com/politics/index.ssf/2017/12/bakers_sue_nj_for_right_to_sell_their_goods.html
https://www.usnews.com/news/us/articles/2017-12-06/lawsuit-cooked-up-over-new-jerseys-home-baked-goods-ban
http://ij.org/case/nj-baked-goods-ban/
https://www.forbes.com/sites/instituteforjustice/2017/12/28/new-jersey-faces-lawsuit-for-outlawing-selling-home-baked-cakes-which-is-legal-in-49-states/#7416c41845ba
http://fox6now.com/2017/10/05/judge-rules-wisconsin-home-bakers-free-to-sell-baked-goods-directly-to-consumers/

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That is bull-crap! That law is too stupid for words

Assaults on freedom are coming from all directions. I argue that life has not become safer by limiting choices and preventing people from exercising their own problem solving ability. It is less about public safety, and more about domination and politics. While weakening natural inclination and life skills needed to take responsibility for ones self and take managed risks, we end up with more illness, mental illness in particular, stemming from several problems that this "legal culture" is cultivating, which includes expectation. Jeopardy is a major factor in the game of life. People need to face risks and know the risks they are facing. Is safety the goal, or is it market dominance and a submissive, dependent society?

^THIS

All the rules and regulations only serve to make us incompetent and unhinged.

Yes in order to domesticate us further check out my latest article on this subject it will illuminate your path in life

Bulk food production has higher risk of contamination than a smaller enterprise. I've gotten food poisioning more often from restaraunts than people's homes, despite far more meals in the latter.

Control and security theatre.

This is such a rediculous law here in Canada As Well @doitvoluntarily !! Even kids selling lemonade at a roadside stand got shut down last summer ! lol! the rules and laws are different everywhere it seems ! but we are not even allowed to give it to the homeless or charities in some towns , its total BS my friend , and the laws should be changed , especially when it comes to bread that is cooked/ Baked at such a high temperature killing any bacteria etc. I think as long the home is properly equipped with stainless steel etc. and is appoved by the health board or whoever then it should be allowed !!Great post as allways ! upped and resteemed , will do the same in my @momskitchen blog !!👍✌💕😀👍✌💕😀

Corporations have to keep the competition at bay. They paid a lot of money for Senator Joseph Vitale.
It's criminal, not only should they strike down this ridiculous law, they should put him on trial for taking bribes.

I was actually wondering who his donors are.

Wow. The governments don't want anyone to make extra cash because they have no control over it or be able to charge tax and whatever lies they make up (always for the safety of the people) we all know it's all about the money. They need to be in control of everything.

In Canada for example you can't have more than two garage sales/year so that you don't turn your neighborhoods into traffic-jammed commercial corridors.
I also heard from a family policeman that if you are having more than 2 garage sales that means that the property you are selling is stollen.
It's just bunch of lies. It's all about control and money and it is really sickening.

Just because you have more than 2 garage sales a year means the property you are selling is stolen?! Wow, that is just ridiculous. You could still sell things on Craigslist etc. (do you have craigslist in Canada?)

I know. It's pretty ridiculous. It wasn't always like that, only like few years ago they changed the law.

Yes, we have Craiglist and I used it once in a while.

Here in my town in Tennessee we have a similar law. We can't have more than 2 garage sales a year. I think its more about them taking business away from big businesses and not being able to charge tax on the earnings or something. It's been a while since it passed but I remember the reasoning being greed on the governments part.

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Nice post😊😊

Enlightening. Thank you.

It could also be a ban to keep its citizens from food that is not guaranteed cleanliness. And it could be some people think this rule is something way to the problem of market competition. May this rule be positive or they should review the benefits felt by the public. Thanks for sharing a very good article @doitvoluntarily.

How did those even become laws in the first place?

I think this a ploy by those who operate "commercial kitchens" to keep their competitions which are the home baked products at bay. I think home baked products should be sold both for charity and profit. And honestly, Food from commercial kitchens or restaurant aren't as clean as they are made too look.

It's because the government wants to control absolutely everything.

It's amazing how many silly laws are in the book across the country.

Nice picture. In my country, we can sell food at our home. It is nice!

I understand that public health protection is important but in view of this economy, the need to obtain extra income is important for a home, to promote education and the incentive of future business projects, I remember the words of a teacher who says "you always have to give the opportunity to people who can be before a brilliant genius wakes up"

Beutifull

Would you come back to me with your very successful requests?

in my 2 cents point of view it's unfair to make such a law. imposing ban on home made bake item will not only give good competition but also more choices to people.

It is quite interesting topic. Simply thinking, 'baking' and 'selling' should be no matter, but always institution can be different. I think one most important concern is taxing problem..

This post has been deemed resteem & upvote worthy by your friendly @eastcoaststeem ran by Steemian @chelsea88

Man, this is an infuriating law and moreover it's immoral. I think I read an article last year where people were arrested for feeding the poor. wtf

some laws are so silly to even thik about. Good post and new follower here ;)

This is a ban or a freedom on business, it's literally trying to destroying competition. It's only logical if you think about it that there people who are talented bakers and they can't profit from their own talent from these kinds of bans and restrictions. Personally it doesn't make any sense how profit equates to health and safety issues.

as ridiculous as this ban is, i fear that people will inspire from this ban and take it to other states where they will put a stop on different businesses.

Interesting to read and many different laws and strange one you have in the state and all the different ones... Have to be difficult to keep track on... Anyhow have a wonderful weekend 🌟🙏

Great post :)

That is bulls...t that they would even think of doing this someone trying to make a living with their own baking, great post

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