The Scourge of Cake Sales on Social Media

With the rise of social media and the growing popularity of pastry, particularly through television shows, we are seeing more and more online cake and pastry businesses, especially via social media.

In this article, we will see why it is not advisable to sell cakes without specific qualifications and especially without a company, as is often the case.

1)     Selling without Qualification

Selling on social media often means selling without professional qualifications or diplomas.

Many people decide to sell cakes even though they are simply amateurs or self-taught.

However, this poses a significant danger for both the seller and the consumer. Why?

Firstly, it is important to know that the activity of selling pastries is regulated; for example, it is not possible to own a pastry workshop or laboratory without at least a CAP or another professional certificate.

To be able to host the public or offer products for consumption to a consumer audience, it is essential to comply with certain fairly strict safety and hygiene standards.

A cold room is mandatory, electrical installations must be compliant, and for those operating from their own home, these conditions simply cannot be met.

The risk to the consumer is obvious; if hygiene standards are not followed, the likelihood of food poisoning or bacterial infection is high.

Regarding the seller, it should be noted that they are not immune to legal issues either.

A report to the Departmental Directorate for the Protection of Populations, also known as DDPP, is always possible and could expose them to significant risks.

A consumer can easily make a report via an online platform. DDPP agents are then called upon to visit the merchant and can take appropriate sanctions for the violation.

2)    Selling without a Company

Similarly, other people, qualified or not, choose to start a business without a company.

They generally use social media for this. They are most often found on Facebook, Instagram, Snapchat, or even Leboncoin.

Unlike some countries like the United States or Canada, in France, the regulation is very strict: it is not allowed to sell cakes made from home.

Two mandatory conditions must be met: owning a company and a laboratory.

Otherwise, the seller risks criminal prosecution. Indeed, working without a company could be seen as undeclared work.

This is what is called undeclared work by concealment of activity.

Running a business without prior declaration of activity or registration in the trade register or business directory is therefore an offence.

The penalties incurred as defined by the penal code are as follows:

-        Three years of imprisonment

-        Fine of 45000 €

The penalty being quite severe, it is totally discouraged to work without declaring your activity.

3)    How to Become an Independent Pastry Chef?

So what are the options and paths to follow for someone who wants to market pastries?

The first step is to professionalize by taking a CAP in pastry. We explain here how to become a pastry chef through training.

Once the CAP is obtained, the person is perfectly qualified to make and sell cakes to a consumer audience.

The second step will be to create an appropriate structure: sole proprietorship, micro-enterprise, company, it is essential to choose your status according to your goals and ambitions.

The third step is to find a place, a laboratory that meets hygiene and safety standards is essential.

To validate this, it is also necessary to contact the Sanitary and Hygiene services of the DDASS who come on site to verify that everything is up to standard.

The final step is then to do your best to get known and offer the best products to satisfy your clientele.