Frequently Asked Questions...
1. Is your type of business legal?
Yes! The Texas Legislature passed the Texas Cottage Food Law in September 2011. This law allows home bakers to produce and sell specific items made in their homes. The law was expanded in September 2013 to allow cottage food producers more places to sell their baked goods as well approving a larger, but still limited, list of goods that can be sold.
2. Do you have a storefront?
No, in order to be in compliance with the Texas Cottage Food Law, this business is home based.
3. Why can't I order directly from the website?
Each order is customized to what the client needs/wants. These are not cookie cutter cakes, however, if you see a cake on the website that you like, it can be recreated for you in whatever colors, etc, you would like.
4. Can I order something and have it shipped?
No, I'm sorry, but the Texas Cottage Food Law strictly prohibits shipping goods out of Texas. Also, it is very difficult to ship baked goods and have them arrive at their destination in one piece.
5. Do you have a minimum order for cake or cupcake orders?
Yes, I have a minimum order of $50.00 on my cakes and a minimum order of a dozen, $24.00 on my cupcakes.
6. Do you do consultations or tastings?
No, at this time I do not do tastings. It is possible that I may begin to offer wedding cakes sometime in the future. In that case, tastings will be offered.
7. Can you duplicate copyrighted figures, etc. on cakes?
No, it against the law for ANY cake decorator to make a profit on a cake made to replicate or somewhat look like any copyrighted characters without the permission of the copyright holder. The fines for getting caught making these character themed cakes can be as high as $150,000 and are fined to both the cake decorator and the client.
In order to keep my business and my clients out of trouble, I will not replicate characters without permission from the copyright owner.
If you would like a character themed cake to match your party theme, there are a few options:
a. You may contact the copyright owner and ask for written permission for a cake decorator to make a cake using their copyrighted logo and/or characters.
b. You may purchase a party pack of the characters or toy that I can include on your cake.
c. You can have a cake that is made using the colors but not in a way that replicates a specific character. For example, you are having a Hello Kitty themed party with plates, napkins, cups, and banners all Hello Kitty themed. I can make you a cake using pink, white and black. Possibly a cake that is covered in white fondant trimmed in black fondant with a pink bow on top. But I cannot make a sculpted character of Hello Kitty or draw her face on the cake.
There are many cake decorators that do not follow the law regarding copyrighted/trademarked images and would be more than happy to make you a cake that is carved to replicate a character BUT they are taking a substantial risk for themselves and you, the client. All it takes is one picture to be placed on their website, or a guest at the party to snap a picture of the cake and upload it to the web where it can be googled by the copyright owner and you could become the subject of a lawsuit. There are departments within these companies that have the sole job of searching out copyright violators.
Let's get together and plan a cake that will not only be the centerpiece of your theme but will also be free of any future problems with copyright/trademark violations.
If you have any questions that were not answered in this list, please go to the Contact Us section and send me a message. I will be happy to answer your questions.
Smash Cakes, Etc.
Bryan, TX
1. Is your type of business legal?
Yes! The Texas Legislature passed the Texas Cottage Food Law in September 2011. This law allows home bakers to produce and sell specific items made in their homes. The law was expanded in September 2013 to allow cottage food producers more places to sell their baked goods as well approving a larger, but still limited, list of goods that can be sold.
2. Do you have a storefront?
No, in order to be in compliance with the Texas Cottage Food Law, this business is home based.
3. Why can't I order directly from the website?
Each order is customized to what the client needs/wants. These are not cookie cutter cakes, however, if you see a cake on the website that you like, it can be recreated for you in whatever colors, etc, you would like.
4. Can I order something and have it shipped?
No, I'm sorry, but the Texas Cottage Food Law strictly prohibits shipping goods out of Texas. Also, it is very difficult to ship baked goods and have them arrive at their destination in one piece.
5. Do you have a minimum order for cake or cupcake orders?
Yes, I have a minimum order of $50.00 on my cakes and a minimum order of a dozen, $24.00 on my cupcakes.
6. Do you do consultations or tastings?
No, at this time I do not do tastings. It is possible that I may begin to offer wedding cakes sometime in the future. In that case, tastings will be offered.
7. Can you duplicate copyrighted figures, etc. on cakes?
No, it against the law for ANY cake decorator to make a profit on a cake made to replicate or somewhat look like any copyrighted characters without the permission of the copyright holder. The fines for getting caught making these character themed cakes can be as high as $150,000 and are fined to both the cake decorator and the client.
In order to keep my business and my clients out of trouble, I will not replicate characters without permission from the copyright owner.
If you would like a character themed cake to match your party theme, there are a few options:
a. You may contact the copyright owner and ask for written permission for a cake decorator to make a cake using their copyrighted logo and/or characters.
b. You may purchase a party pack of the characters or toy that I can include on your cake.
c. You can have a cake that is made using the colors but not in a way that replicates a specific character. For example, you are having a Hello Kitty themed party with plates, napkins, cups, and banners all Hello Kitty themed. I can make you a cake using pink, white and black. Possibly a cake that is covered in white fondant trimmed in black fondant with a pink bow on top. But I cannot make a sculpted character of Hello Kitty or draw her face on the cake.
There are many cake decorators that do not follow the law regarding copyrighted/trademarked images and would be more than happy to make you a cake that is carved to replicate a character BUT they are taking a substantial risk for themselves and you, the client. All it takes is one picture to be placed on their website, or a guest at the party to snap a picture of the cake and upload it to the web where it can be googled by the copyright owner and you could become the subject of a lawsuit. There are departments within these companies that have the sole job of searching out copyright violators.
Let's get together and plan a cake that will not only be the centerpiece of your theme but will also be free of any future problems with copyright/trademark violations.
If you have any questions that were not answered in this list, please go to the Contact Us section and send me a message. I will be happy to answer your questions.
Smash Cakes, Etc.
Bryan, TX
