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Thread: Baking Bad: Selling Homemade Cakes And Cookies Could Mean Criminal Penalties In Wisconsin

  1. #1

    Default Baking Bad: Selling Homemade Cakes And Cookies Could Mean Criminal Penalties In Wisconsin



    A simple bake sale could send Lisa Kivirist to prison.

    Lisa, along with her husband, owns and operates the Inn Serendipity, a “carbon-negative” bed and breakfast in Green County, Wisconsin. As is the wont of any good hostess, Lisa enjoys baking for her guests. But if she sells those very same baked goods, her inn would become a criminal enterprise.

    Wisconsin is one of only two states in the nation that ban selling home-baked goods. (The other state, New Jersey, is no stranger to silly and anticompetitive laws.) In Wisconsin, selling home-baked goods can even lead to hefty fines and up to six months in jail.

    “If I lived a half hour to the south in Illinois, I could make up to $25,000 a year selling homemade baked goods,” Lisa said. “But in Wisconsin, our spatulas are tied.”

    Earlier this month, the Institute for Justice, on behalf of Lisa, and two other farmers, sued the state, slamming Wisconsin’s ban as “arbitrary and irrational.” Specifically, their lawsuit asserts that the law violates the Due Process and Equal Protection Clauses of the Wisconsin State Constitution.

    In the Badger State, the simple act of selling freshly baked cakes and cookies is not so simple. Bakers can’t sell what they’ve created in their home kitchens. Instead, to legally operate, bakers must become licensed as either a “food processing plant” or a “retail food establishment.” Complying with the law forces farmers and home bakers to either build their own commercial-grade kitchen (which can cost upwards of $40,000 to $80,000) or rent space at a commercial kitchen, which can easily top $1,000 a month.

    http://www.forbes.com/sites/institut.../#3f92bfa77a8f
    Quote Originally Posted by Ron Paul View Post
    The intellectual battle for liberty can appear to be a lonely one at times. However, the numbers are not as important as the principles that we hold. Leonard Read always taught that "it's not a numbers game, but an ideological game." That's why it's important to continue to provide a principled philosophy as to what the role of government ought to be, despite the numbers that stare us in the face.



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  3. #2

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    Wisconsin Court Strikes Down Ban on Homemade Baked-Good Sales

    Wisconsin just "became a little freer, and a lot more delicious," as the law firm the Institute for Justice (IJ) put it. On Wednesday, a state circuit court struck down Wisconsin's ban on selling home-baked items such as bread, cookies, cakes, and muffins. The rule has "no real or substantial connection" to consumer protection, Judge Duane Jorgenson wrote in his decision declaring the law unconstitutional.

    Wisconsin is one of only two states with such rules (New Jersey is the other), leaving 48 states where homemade baked goods are peddled willy-nilly. No one in these states has suffered serious injury or illness from an improperly-made baked good, Jorgenson noted. The ban was more a matter of cronyism than public health, he suggested, noting the fervor with which groups such as the Wisconsin Bakers Association have rallied against efforts to repeal the law.

    Those attempts have twice failed, but Wisconsin lawmakers are at it once again, with a new measure to legalize "the limited face-to-face sale of certain homemade baked and canned foods without a licensing requirement." The bill would allow people to sell "nonhazardous homemade baked goods" face-to-face as long as they make less than $7,500 from the sale of such items, and as long as they register with the state Department of Agriculture, Trade, and Consumer Protection (DATCP). The bill would also extend these rules to canned items, such as pickles.

    Under the old law, an individual selling any baked, canned, frozen, or bottled goods must make them in a licensed food-processing plant or commercial kitchen. (Nonprofits get some leeway, and are allowed up to 12 bake sales per year.) This requirement "is enough to shut the door in the faces of many would-be entrepreneurs," explains IJ:

    Outfitting a commercial kitchen can cost from approximately $40,000 to $80,000. Alternatively, if a baker rents existing commercial-kitchen space, she has to pay hefty hourly or monthly rates; monthly rates for a commercial kitchen are often over $1,000. These costs are not realistic for those merely seeking to have a small baking business. Making matters worse, many rural Wisconsinites do not have any rentable commercial kitchens nearby.

    Violating these terms is no joke. As IJ attorney Erica Smith noted last year, "if you sell one cookie at a farmers market, to your neighbor, somewhere in your community, you can go to jail for up to six months or even be fined up to $1,000."

    In January 2016, IJ helped three female farmers—Dela Ends, Lisa Kivirist, and Kris Marion—file a lawsuit against DATCP in the Lafayette Circuit Court. The suit alleged that Wisconsin's rule violated the women's due-process and equal-protection rights under the Wisconsin Constitution. Now, a Wisconsin court has agreed.

    Will the state let this one go? A spokesman for the state Department of Justice told Wisconsin Public Radio that "in the coming days, we will be evaluating the decision, consulting with our clients about the impact of the ruling, and considering an appeal."

    ...
    http://reason.com/blog/2017/06/02/wi...s-ban-is-toast
    Quote Originally Posted by Ron Paul View Post
    The intellectual battle for liberty can appear to be a lonely one at times. However, the numbers are not as important as the principles that we hold. Leonard Read always taught that "it's not a numbers game, but an ideological game." That's why it's important to continue to provide a principled philosophy as to what the role of government ought to be, despite the numbers that stare us in the face.

  4. #3

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    This country has gone insane. SMH
    "Logic is an enemy and truth is a menace." ~ Rod Serling
    "Cops today are nothing but an armed tax collector" ~ Frank Serpico
    "To be normal, to drink Coca-Cola and eat Kentucky Fried Chicken is to be in a conspiracy against yourself."
    "People that don't want to make waves sit in stagnant waters."






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