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A new law (Senate
Bill 170) enacted in the state of Wisconsin will allow
minors to freely operate lemonade stands without the burden
of bureaucracy.
The new law allows minors to operate temporary stands
without a permit or license.
No more need to register with the state or local
entities.
Before the new law was passed the following rules had to be
followed:
1.
A facility that processes food for sale had to obtain a food
processing plant license from the Department of Agriculture,
Trade and Consumer Protection (DATCP).
2. If food were
to be sold at retail at the same location where it was
prepared, the facility had to obtain a retail food
establishment license from DATCP.
3. Local
municipalities were allowed to prohibit a minor from
operating a temporary stand or to require a permit or
license for a minor operating a temporary stand.
Under the new law the following applies:
2.
A place used for preparing food for sale at a stand operated
by a minor does not need a food processing plant license
from DATCP,
2. Stand
operated by a minor does not need a retail food
establishment license.
3. A
municipality may not prohibit a minor from operating a stand
or require a permit or license for a minor operating a
stand.
4. The law
defines a “stand operated by a minor” as a temporary,
occasional establishment operated on private property by
children under the age of 18 that makes occasional sales,
defined under current law as sales of less than $2,000 in a
year.
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