[RebeccaParticipant]

I live in Colorado, and am wanting to start a custom cake business from home. My cakes are made with boxed mixes, and store bought frosting, but I make my own fondant from marshmallows and confectioners sugar. I wondered if this is allowed? If so, can I specify my “variations” not only by flavors, but by size, and theme as well, in order to make more profit? For example, I’ve made a 3 tiered ninja turtle cake, and a two tiered ninja turtle cake…. Can I specify, size, flavor, and theme as one set variation? Because of the custom fondant work, my cakes are pricey, so I’m worried I’d reach my limit too quickly… Any help would be appreciated! I’ve read so many scenarios, but none for custom cakes like mine

[David CrabillKeymaster]

Rebecca, I’m pretty sure that your fondant would be allowed, especially if you’re using commercially-produced (store-bought) marshmallows. However, I really don’t know what will be allowed for variations in terms of the sales limitations. It’s true that the law is more setup for producers with a few fixed items, rather than custom ones, which is surprising since custom cake producers are probably the largest sector of the cottage food industry. I know that the intent of the law is to only allow small-scale producers… they just don’t want you to be running a full-fledge business that would really be better suited to a commercial facility. That being said, only the health dept can really answer either of your questions definitively, and you can call them at 303-692-3645.

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