AB 186

This bill allows minors to operate temporary stands without a permit or license.

Under current law, a facility that processes food for sale must obtain a food

processing plant license from the Department of Agriculture, Trade and Consumer

Protection. If food will be sold at retail at the same location where it was prepared,

the facility must obtain a retail food establishment license from DATCP. In addition,

current law does not restrict the ability of municipalities 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 bill, 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, and a stand

operated by a minor does not need a retail food establishment license. In addition,

under the bill, a municipality may not prohibit a minor from operating a stand or

require a permit or license for a minor operating a stand. The bill 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.