Home Cooking for Profit? Sure, Just Not in New Jersey

FRANKLIN, N.J. — With just a little white chocolate and some sprinkles, Heather Russinko can make a wedding gown in under seven minutes. Give her five minutes more, and she can dress a groom, too. Three buttons, a bow tie, and a tuxedo swell over a round white chest.

Ms. Russinko uses dips and drips instead of pins and pleats to outfit the couple, who are cake pops, lollipop-size pastries made of batter and frosting. She has made beach-themed pops for a Sweet Sixteen party and lopsided, whimsical monsters with googly eyes for Halloween.

“If I could sell these at a Starbucks price, at $2.75 a piece? That’s his college,” said Ms. Russinko, 40, speaking of her 16-year-old son. “I want to be able to say, ‘O.K., Jared, you can go to college. Go ahead. You need money for books? Yeah, I have that right here for you.’”

But she lives in New Jersey, the only state where it remains illegal to sell homemade foods for profit, so she can only give away her creations or donate them to bake sales. If she tried to sell them, she could be fined up to $1,000. Every other state has dropped such restrictions.

“There’s this rogue law standing in my way and preventing me from earning an income,” said Ms. Russinko, one of three named plaintiffs in a lawsuit against the state’s Department of Health. “It’s not like I am out there trying to sell drugs or do anything illegal. It’s a cookie. Or in my case, a cake pop.”

Keep reading this article on The New York Times Business.

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