A group of home bakers are suing to overturn a New Jersey law that says they can't bake their cakes and make money too.

A lawsuit they said they're filing in state Superior Court seeks to "vindicate the right of New Jerseyans to earn an honest living by selling safe and delicious home-baked goods and other homemade foods to their friends, neighbors and other consumers."

New Jersey is the only state in the nation that bans the sale of homemade foods for profit out of concerns for health and sanitation. You can sell home-baked goods for charity.

The lawsuit called the ban "arbitrary and irrational in violation of the New Jersey Constitution's due process guarantee."

It argues allowing the sale for charitable bake sales but not a home-based business gives bakers only half a loaf -- and violates equal protection rights.

In addition, the bakers said the ban is warding off a nonexistent hazard.

"There is no report of anyone, anywhere, ever becoming sick from an improperly baked good," the suit says.

The bakers are represented by the libertarian Institute for Justice, which says a similar law was struck down in Wisconsin.

Plaintiffs include three Sussex, Ocean and Union county women who want to sell baked goods, homemade chocolates and dry cookie mixes, according to the suit. The bakers association has 10 members.

In the suit, the Institute for Justice says the existing law creates too high a barrier for these would-be home-based businesses.

"New Jersey requires those who wish to sell their goods to be licensed. In order to be licensed, a person is not permitted to use their home kitchen and must instead access a commercial-grade kitchen," it said. "Accessing a commercial-grade kitchen is extremely burdensome and costs tens of thousands of dollars per year."

A bill (S1768) sponsored by state Sen. Christopher "Kip" Bateman, R-Somerset, would allow these bakers to make sales up to $50,000 a year provided they acquire a food handler's certificate and make clear to patrons that the goods were prepared in an unregulated kitchen.

State Sen. Joseph Vitale, D-Middlesex, chairman of the Senate's health committee, said he's offered the bakers association and the bill sponsor suggested amendments that would make it more palatable, such as requiring inspections.

"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," he said.

"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."

The Attorney General's Office declined to comment.

Samantha Marcus may be reached at smarcus@njadvancemedia.com. Follow her on Twitter @samanthamarcus. Find NJ.com Politics on Facebook.