Can you sell cakes from home? Yes, and the frosting decides the rest
If you're the person who makes every birthday cake in your family, somebody has already told you to start charging for them. So can you sell cakes from your home kitchen? In all six states I'll cover here, yes! Cake is a baked good, and baked goods are exactly what cottage food laws were written for.
What trips people up is everything that goes on and in the cake. A buttercream birthday cake and a tres leches soaked in cream can fall under two very different sets of rules.
Where people are already buying cakes
Custom cakes are one of the bigger categories on Coop. Right now 33 metro areas have enough local cake makers to get their own "custom cakes near me" page (that takes at least five listings from at least three different sellers), and those pages hold close to 400 cake listings between them. Here are the ones with the most this week:
| Metro | Cake listings | Bakers |
|---|---|---|
| Dallas, TX | 30 | 22 |
| Washington, DC | 28 | 18 |
| Miami, FL | 26 | 14 |
| Atlanta, GA | 24 | 14 |
| Oklahoma City, OK | 21 | 11 |
| Houston, TX | 20 | 13 |
| Moreno Valley, CA | 18 | 8 |
| Phoenix, AZ | 17 | 12 |
Buyers are looking, too. Over the last three months Bing alone counted more than 2,200 searches for "custom cakes near me", and that's before Google. Now look at that table again. Dallas is our biggest cake city, and it has 22 bakers for a metro of millions of people. Think about how many birthdays that is!
The rules in six states
Cottage food laws mostly ask one question: does this food need the fridge to stay safe? A plain cake doesn't. Cream cheese frosting, whipped cream, custard and fresh cream fillings usually do, and that's where states split.
Here's the short version. Each state name links to our full guide, and each guide links to the official sources.
| State | A cake that's fine on the counter | Cream cheese frosting, custard or cream fillings |
|---|---|---|
| Texas | Allowed, no registration (a food handler course is required) | Allowed, but you register with DSHS, keep it at 41°F or below and add a safe handling statement |
| Florida | Allowed, no permit (cakes are on the state's list by name) | Not allowed (anything that needs refrigeration is out) |
| Missouri | Allowed, no permit and no sales cap (the law names cakes) | Likely not allowed (it usually counts as potentially hazardous) |
| Arizona | Allowed after free ADHS registration | Allowed, and ADHS names cream cheese frosting as an example, but you deliver it yourself |
| Colorado | Allowed after a food safety course, but see the buttercream note below | Not allowed under today's rules |
| Oklahoma | Allowed, no license | Allowed, but you need food safety training and you hand it straight to the buyer |
A few of these deserve a closer look.
Colorado and buttercream. This one surprises every cake maker I talk to. Under the state health department's current guidance, buttercream made with butter isn't allowed, but buttercream made with ghee or vegetable oil is. Colorado's cap today is also $10,000 in net revenue per product, and the whole law changes on January 1, 2027. The guide covers both versions.
Florida and labels. Florida wants every cottage food prepackaged with a label, which is awkward for a three tier cake. The state's older brochure says that when a cake can't carry a label, the label information can go on the invoice you deliver with it. You can also sell up to $250,000 a year there with no permit.
Texas and delivery. You can take cake orders online in Texas, but you (or someone in your household, or an employee) have to deliver them in person. Shipping is off the table.
Every one of these states wants a label, and most want a specific sentence on it saying the food came from a home kitchen. The wording is different in each state, so copy it straight from your state's guide. (Our post on cottage food labels goes deeper on this.)
Tips for selling custom cakes
Cakes aren't like cookies. Nobody buys a birthday cake off a shelf, so almost every sale is an order placed ahead of time. A few things that make that easier:
- Take orders, not walk ups. List your cakes as made to order so buyers request one, tell you what they want and you approve it before you bake. Our lesson on made to order requests shows what the buyer sees.
- Protect yourself from no shows. A custom cake with somebody's name on it can't be resold. When a buyer pays by card on a made to order item, a hold goes on their card when they order, so you're not baking on a promise. The lesson on the made to order card hold walks through how it works and when the charge goes through.
- Sell by size and servings. "6 inch, serves 10" and "8 inch, serves 20" answers the first question every buyer asks. Pricing a listing your way covers how to offer sizes side by side.
- Say how much notice you need. A week is normal for a custom cake. Put it in the listing so nobody messages you on Friday night for Saturday morning (they will anyway, but less often).
- Name the frosting and the filling. It tells buyers what they're getting, it helps people with allergies, and it keeps you honest about what your state allows.
- Post your real work. One photo of a cake you actually made for a real birthday beats ten perfect ones from the internet.
If you're starting from zero, the free Coop Academy lessons walk you through setting up your storefront and your first listing. Our posts on starting a cottage bakery, whether you need a cottage food license and selling cake pops from home cover the rest of the picture.
Ready to sell your cakes?
If you're already the cake person in your family, you've done the hard part. Open a storefront on Coop and let your neighbors order straight from you. And if you're here because there's a birthday coming up, you can find custom cakes near you any time.
This is general information, not legal advice. Laws change, so confirm with your state's health or agriculture department before you sell.
Cole Coleman, founder of Coop
Find it near you
The cities with the most listings on Coop.
- Custom cakes near Dallas, TX30 listings
- Custom cakes near Washington, DC, DC28 listings
- Custom cakes near Miami, FL26 listings
- Cupcakes near Dallas, TX9 listings
- Cupcakes near St. Louis, MO8 listings
- Cupcakes near Miami, FL6 listings