New Jersey is one state in the U.S. that currently criminalizes the act of selling baked goods to others if they were made in a home kitchen.

If you want to sell those baked goods for charity or nonprofit bake sales then that is permitted, but the moment that you seek to turn a profit from selling those home-baked goods, you'll be breaking the law.

And the violation could bring with it a fine up to $1,000.

Those who put forth and advocate for this sort of restriction, suggest that the intention behind the regulation here is to try and keep the public safe from items that might pose a threat if cooked in an unclean environment, cooked improperly etc. But does this rule really seek to do that (keep people safe) or is it more about trying to limit competition in the market to some extent?

That's what several bakers from New Jersey think. Now, the New Jersey Home Bakers Association along with the non-profit public interest law firm Institute for Justice are seeking to sue the New Jersey Department of Health over the matter.

When you consider the approach of state officials in this matter, you can't help but wonder why lawmakers would find it okay to bake the items in the home and sell them at charity events and nonprofits, but if you want to sell those same items to your neighbor or someone else then all of a sudden it's a safety/health issue?...

Just last year, a court in Wisconsin had declared their similar baked goods ban to be unconstitutional. And now there is hope that the same will occur in NJ.

A variety of bills have had their chance at being passed in NJ, seeking to remove the ban but they've all been struck down by Democrat Senator Joseph Vitale. But if the lawsuit with the IJ is successful, then the ban in NJ might be struck down by the court, giving Americans the freedom to bake goods at home and sell it for a profit in the state of NJ.

At the moment, those who want to bake their goods and sell them in the market for a profit are going to need to do their baking in a commercial kitchen or establish their own retail food establishment. And not everyone always has the resources or means available to be able to do that, so limiting their freedom to bake at home really restricts their ability to provide for themselves.

Lawmakers in New Jersey have previously demonstrated their willingness to make changes here, but it's allegedly Sen. Vitale who's been adamant about trying to keep those bills from ever receiving any floor vote. In the pending lawsuit, the bakers claim that this ban violates their Constitutional rights. Hopefully the courts are going to stand up for their right to bake.

Pics:
Pixabay
Giphy
Pixabay

Sources:
http://www.nj.com/politics/index.ssf/2017/12/bakers_sue_nj_for_right_to_sell_their_goods.html
https://www.usnews.com/news/us/articles/2017-12-06/lawsuit-cooked-up-over-new-jerseys-home-baked-goods-ban
http://ij.org/case/nj-baked-goods-ban/
https://www.forbes.com/sites/instituteforjustice/2017/12/28/new-jersey-faces-lawsuit-for-outlawing-selling-home-baked-cakes-which-is-legal-in-49-states/#7416c41845ba
http://fox6now.com/2017/10/05/judge-rules-wisconsin-home-bakers-free-to-sell-baked-goods-directly-to-consumers/