BILL NUMBER: S837
SPONSOR: TEDISCO
 
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 operate
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
01/09/19: S.762 REFERRED TO HEALTH
04/30/19: S.762 REPORTED AND COMMITTED TO FINANCE
01/08/20: S.762 REFERRED TO HEALTH
01/11/21: S.1324 REFERRED TO HEALTH
02/09/21: S.1324 REPORTED AND COMMITTED TO FINANCE
01/05/22: S.1324 REFERRED TO HEALTH
01/05/23: S.576 REFERRED TO HEALTH
01/03/24: S.576 REFERRED TO HEALTH
 
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.