These muffin makers are feeling burned.
Mom-and-pop bakers and cake decorators in Texas are mixing it up with the state health department over a proposed new set of labeling regulations on homemade baked goods for sale.
They say the draft regulations, to be attached to a new law that legalizes small home baking businesses but requires them to put complicated labels on their products, go far beyond the rules imposed on coffee shops, commercial bakers and restaurants.
“We’re just pissed off,” said Peggy Higgins, 47, who runs Top That! Cake Designs out of her home kitchen in College Station, Texas. “It’s like, who are you to make me do something that you’re not making everybody do?”
The new rules proposed by the Texas Department of State Health Services last week came as a shock to home bakers and jam makers reveling in their new legality.
After a two-year battle to get the Texas Cottage Food Law through the state legislature, Gov. Rick Perry signed the bill in June. But it wasn’t until last week that state health officials published a list of possible rules on how bakers would have to label their cookies and cakes.
The six pages of rules triggered the immediate ire of bill sponsors and others who say they are unnecessarily burdensome and subvert the intent of the law to ease the path for people using their ovens and home-tested recipes to bring in a critical second income.
Much of the anger is leveled at a handful of label rules requiring ingredients be listed in descending order of weight, a declaration on artificial colors or preservatives, an allergy warning conforming to a federal food law and the weight — in metric units — of every cake or batch of cookies. Many are interpreting a rule requiring “durable, permanent ink” on food labels to mean they can’t use their home computer printers.
Lois Kolkhorst, chairwoman of the Texas House Committee on Public Health and one of the bill’s sponsors, called the regulations “a shining example of government overreach.” Her spokesman said big-business food retailers unwilling to take on the bill publicly had influenced the rule-drafting process. Kolkhorst and other officials have urged the department to reconsider.
A public meeting to discuss the rules with health officials was held Thursday night in Austin. The regulations are expected to be finalized in the spring or early summer, according to the health department.
“I never thought they’d be so against the cake lady,” said Sara Hernandez, 28, of Austin, who makes about $175 a week selling custom cakes. “Having to list ingredients by weight, it’s really going above and beyond. We’re just home bakers trying to make a little extra money.”
Because the law is limited to home sales — no online cupcake sales are allowed — many argue that customers coming into bakers’ homes get a fuller disclosure on the ingredients and safety of food than your average restaurant visitor.
“If you go and buy a cupcake from a bakery, they’re not going to give you a label, and they’re not going to let you walk into their kitchen,” said Mande Kalbfleisch, who runs Kupwiches and More by Mande K in her suburban Dallas home.
Department of State Health Services spokesman Chris Van Deusen said the draft rules closely resemble those regulating businesses like grocery stores that package and sell baked goods. Van Deusen said the department also reviewed regulations attached to similar laws in Florida, Michigan and Ohio.
“Our goal is simply to make sure consumers know what they’re getting, what’s in the cake,” Van Deusen said. “It’s not to keep people from doing this.” He added that the rules “more likely than not” will be changed in response to the gathering public outcry. And the ink rule? “I’m not an ink expert, so I’m not sure.”
Andrew.Strickler@thedaily.com
Mom-and-pop bakers and cake decorators in Texas are mixing it up with the state health department over a proposed new set of labeling regulations on homemade baked goods for sale.
They say the draft regulations, to be attached to a new law that legalizes small home baking businesses but requires them to put complicated labels on their products, go far beyond the rules imposed on coffee shops, commercial bakers and restaurants.
“We’re just pissed off,” said Peggy Higgins, 47, who runs Top That! Cake Designs out of her home kitchen in College Station, Texas. “It’s like, who are you to make me do something that you’re not making everybody do?”
The new rules proposed by the Texas Department of State Health Services last week came as a shock to home bakers and jam makers reveling in their new legality.
After a two-year battle to get the Texas Cottage Food Law through the state legislature, Gov. Rick Perry signed the bill in June. But it wasn’t until last week that state health officials published a list of possible rules on how bakers would have to label their cookies and cakes.
The six pages of rules triggered the immediate ire of bill sponsors and others who say they are unnecessarily burdensome and subvert the intent of the law to ease the path for people using their ovens and home-tested recipes to bring in a critical second income.
Much of the anger is leveled at a handful of label rules requiring ingredients be listed in descending order of weight, a declaration on artificial colors or preservatives, an allergy warning conforming to a federal food law and the weight — in metric units — of every cake or batch of cookies. Many are interpreting a rule requiring “durable, permanent ink” on food labels to mean they can’t use their home computer printers.
Lois Kolkhorst, chairwoman of the Texas House Committee on Public Health and one of the bill’s sponsors, called the regulations “a shining example of government overreach.” Her spokesman said big-business food retailers unwilling to take on the bill publicly had influenced the rule-drafting process. Kolkhorst and other officials have urged the department to reconsider.
A public meeting to discuss the rules with health officials was held Thursday night in Austin. The regulations are expected to be finalized in the spring or early summer, according to the health department.
“I never thought they’d be so against the cake lady,” said Sara Hernandez, 28, of Austin, who makes about $175 a week selling custom cakes. “Having to list ingredients by weight, it’s really going above and beyond. We’re just home bakers trying to make a little extra money.”
Because the law is limited to home sales — no online cupcake sales are allowed — many argue that customers coming into bakers’ homes get a fuller disclosure on the ingredients and safety of food than your average restaurant visitor.
“If you go and buy a cupcake from a bakery, they’re not going to give you a label, and they’re not going to let you walk into their kitchen,” said Mande Kalbfleisch, who runs Kupwiches and More by Mande K in her suburban Dallas home.
Department of State Health Services spokesman Chris Van Deusen said the draft rules closely resemble those regulating businesses like grocery stores that package and sell baked goods. Van Deusen said the department also reviewed regulations attached to similar laws in Florida, Michigan and Ohio.
“Our goal is simply to make sure consumers know what they’re getting, what’s in the cake,” Van Deusen said. “It’s not to keep people from doing this.” He added that the rules “more likely than not” will be changed in response to the gathering public outcry. And the ink rule? “I’m not an ink expert, so I’m not sure.”
Andrew.Strickler@thedaily.com
