Were edible, candy-coated cake decorations called silver balls taxable?

Short answer No. California treated edible, candy-coated silver-ball cake decorations as food products when sold for human consumption.
State
CA
Ruling
Annotation 245.0190
Tax type
Sales and Use Tax
Issued
1982-06-09
Issued by
California State Board of Equalization
Requested by
Internal Board request to annotate the treatment of cake decorations

Apply this to your situation

This page answers the general question as of 1982. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1982
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This June 9, 1982 memorandum describes but does not reproduce Robert Nunes's June 8 request or the silver balls' formula, ingredients, coating records, labels, samples, tests, product literature, invoices, or sales records. Its conclusion depends on the stated edibility and human-consumption use. The PDF records an internal annotation request but supplies no later product review, sale, audit, assessment, refund claim, appeal, or transaction outcome. Current facts and law control.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

The Board described the “silver balls” as edible, candy-coated cake decorations.

Because they were edible and sold for human consumption, the memorandum classified them as food products under section 6359.

Their sales were nontaxable. The short memorandum was then designated for annotation.

Common questions

Did the metallic appearance make the decorations nonfood?

No. The source expressly says the candy-coated silver balls were edible.

What use did the exemption cover?

Sales of the items for human consumption.

Did the memorandum discuss nonedible decorative balls?

No. Its conclusion was limited to the edible candy-coated items described.

Citations and references

  • California Revenue and Taxation Code section 6359
  • Robert Nunes's June 8, 1982 memorandum requesting the cake-decoration treatment — request described; memorandum not reproduced in the official PDF
  • Candy-coated cake decorations called “silver balls” — edibility and human-consumption use stated; underlying formula, ingredients, coating records, labels, samples, tests, product literature, invoices, and sales records not reproduced in the official PDF
  • Internal request that Donald J. Hennessy annotate the memorandum — request stated in the official PDF
  • Possible later product review, sale, audit, assessment, refund claim, appeal, or agency action after the memorandum — no follow-up or transaction outcome supplied in the official PDF

Source

Original ruling text

State of California

Board of Equalization

Memorandum

To:

Mr. Robert Nunes

From:

Gary J. Jugum

Subject:

Cake Decorations

245.0190

Date:

June 9, 1982

This is in response to your memorandum of June 8, 1982. Candy-coated cake decorations
called "silver balls" are edible and qualify as "food products" under Revenue and Taxation Code
Section 6359. Sales of these items for human consumption are nontaxable.
We will annotate this memorandum in accordance with your request.

cc:

Mr. Donald F. Brady
Mr. Donald J. Hennessy -Please annotate.
Ms. Mary C. Armstrong

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