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S762Senate2019-2020 SessionSame asA5120

Let Kids Sell Lemonade

Official title

“Exempts lemonade stands operated by persons under sixteen years of age from department of health permitting requirements”

Sponsor James TediscoSD-49+4 co-sponsorsAffects Health
Status
In Senate Committee
Health
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill exempts lemonade stands run by individuals under 16 from New York health department permitting requirements.

Why it matters

  1. Reduces regulatory barriers for young entrepreneurs. , making it easier for children under 16 to operate lemonade stands without needing to navigate complex health department permitting.

  2. Encourages early business and financial literacy. , since kids can run small, temporary enterprises without the fear of legal issues or fines related to permits.

  3. Signals a shift in regulatory priorities. , as the state explicitly carves out an exception for very small-scale, low-risk food operations—potentially influencing future policy discussions on microbusiness regulation.

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Who cares

Headline styles

Let Kids Sell Lemonade

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Tedisco

Senator · Senate District 49

History

  1. Referred to health
  2. Reported and committed to finance
  3. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5120Assembly

Let Kids Run Lemonade Stands

In Assembly Committee · Health · Sponsor Kimberly Jean-Pierre

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

762

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sens. TEDISCO, AMEDORE, BOYLE, FUNKE, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Health

AN ACT to exempt lemonade stands operated by persons under sixteen years of age from department of health permitting requirements

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of NYCRR sections 14-2.1 and 14-2.2, or any other law, rule or regulation to the contrary, a lemonade stand operated by a person under the age of 16 years shall not be considered to be a temporary food establishment for the purposes of title 10 NYCRR chapter 14.

§ 2. This act shall take effect immediately. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06476-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to exempt lemonade stands operated by persons under sixteen years of age from department of health permitting requirements

Purpose of the bill

Exempts lemonade stands operated by persons under sixteen years of age from being deemed "temporary food establishments" and subject to depart- ment of health permitting requirements.

Summary of provisions

Section 1. Notwithstanding the provisions of NYCRR sections 14-2.1 and 14-2.2, or any other law, rule or regulation to the contrary, a lemonade stand operated by a person under the age of 16 years shall not be considered to be a temporary food establishment for the purposes of title 10 NYCRR chapter 14 provisions similar to amendments in the execu- tive law in section one of this legislation.

Section 2. Establishes the effective date.

Justification

This legislation is in response to the New York State Health Depart- ment's closing down 7-year-old Brendan Mulvaney's lemonade stand outside his home in the Village of Ballston Spa. According to Mulvaney's father, Sean, the state Health inspector tried taking a picture of the boy and his sign selling lemonade and told them they had to stop selling lemo- nade, bottled water and sno-cones without giving them her card or any guidance as to how to move forward. Brendan was saving money for a family trip to Disney World. This bill would exempt children who oper- ate pop-up lemonade stands under adult supervision from having to obtain and pay for any state permits.

Prior legislative history

08/08/18: S.9147 REFERRED TO RULES

Fiscal implications

None.

Effective date

This act shall take effect immediately. Effective immediately the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.