Should Selling Homemade Christmas Cookies Be A Crime?

Turns out you can have your cake and eat it, too — you just can't sell it in New Jersey if you made it at home. The Garden State has a ban on the sale of homemade baked goods, but a group of Jersey-based home bakers has filed a lawsuit against the state's health department seeking to overturn this regulation.

The New Jersey Home Bakers Association, joined by the Institute for Justice, claim that the state's homemade baked goods ban is intended to protect commercial businesses from competition — thus making it "unconstitutional." Their lawsuit notes that although the state will allow them to sell their homemade baked goods at charity events, they can face up to $1,000 in fines if caught selling the same baked goods for a profit.

A New Jersey Department of Health spokeswoman told Patch.com the agency does not comment on pending litigation. (More below.)

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The home bakers argue that building or renting a commercial kitchen is not an economical option that should be forced on home-based entrepreneurs. New Jersey is the only state in the country to completely ban home bakers from selling their goods for profit. The only other state with this regulation was Wisconsin, but in May 2017, it was overturned in Wisconsin state court.

Those in favor of keeping New Jersey's baked goods ban in place insist regulating the sale of such items is necessary as a matter of public health. Per NJ.com, Sen. Joseph Vitale — chairman of the Senate's health committee — said he's suggested making amendments to the bill, like requiring inspections of home kitchens.

"While I think that it's laudable these individuals want to have a home business and embark on entrepreneurship, I just want to make sure the public health considerations are contemplated," said Vitale.

"This isn't just someone making cookies for the church bake sale," he added. "The bill says they can earn up to $50,000 a year. That's a real business."

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