Bills · 2019-2020 Regular Session

SB 170

Relating to: allowing minors to operate temporary stands without a permit or license. (FE)

Agriculture trade and consumer protection department of Air pollution Beverage Bills legislative Children Food Ordinance Sales Youth Zoning

Introduced, completed
Passes Senate, completed
Passes Assembly, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

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.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Fiscal Estimate From DATCP

Votes

Senate: Report adoption of Senate Amendment 1 recommended by Committee on Public Benefits, Licensing and State-Federal Relations, Ayes 5, Noes 0

Passed 5–0 Sep 26, 2019 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report passage as amended recommended by Committee on Public Benefits, Licensing and State-Federal Relations, Ayes 5, Noes 0