Children in Maryland may soon be free to operate lemonade stands without restriction if a bill going through the General Assembly is passed.
HB0961, introduced by Del. Neil Parrott, R-Washington, would bar local jurisdictions from stopping or regulating minors from selling nonalcoholic drinks on private property.
鈥淏asically it’s a protection,鈥� Parrott testified during the bill鈥檚 hearing in the House Environment and Transportation Committee on Friday. 鈥淟emonade stands are kind of like apple pie in America, and baseball.鈥�
Currently, Maryland law requires a person to acquire certain permits and licenses before they may operate a stand鈥攐r any food establishment, with a few exceptions鈥攁ll of which would be 鈥渋ssued and enforced by local health departments,鈥� Capital 海角社区app Service learned from the bill鈥檚 fiscal and policy analysis.
This is all to ensure that food supplied in the state is healthy and free of contaminants, according to the analysis.
GianCarlo Canaparo, a legal fellow specializing in overcriminalization and administrative law issues at The Heritage Foundation, testified that while health codes that regulate food providers are important, 鈥渃ommon sense exceptions鈥� should also be made.
鈥淐hildren operating a lemonade stand might need as many as six different permits in order to operate a lemonade stand,鈥� Canaparo said. 鈥淎nd when you think about the purpose of a Health and Food Safety Code, which is safety from predominantly foodborne illnesses, a lemonade stand doesn’t raise many of those concerns.鈥�
In 2011, a group of Montgomery County kids set up a lemonade stand in front of the U.S. Open, which was being held in Bethesda that year. They were soon shut down and the grandfather of some of the kids, who had been helping with the stand, was later fined $500 by a county inspector for not having a permit.
Xander Alarie, a ninth-grader and one of the children involved, testified at the hearing, saying that initially, 鈥淲e thought this would be a really fun way to earn some money,鈥� but after dealing with the official, they were 鈥減retty discouraged because we were just kids.鈥�
Alarie and his friends had been selling the lemonade to raise money for cancer research.
The story gained wide media attention and received a lot of negative feedback, causing the county to waive the fine and allow Alarie and his friends to reopen their lemonade stand so long as they moved down the street.
鈥淭his happened 10 years ago, but it made a pretty big impact on all of us,鈥� Alarie added.
Kenny Welch, president of the Maryland Conference of Environmental Health Directors, testified on behalf of the conference in favor of an amendment to the bill鈥檚 wording so that it specified 鈥渦nadulterated and non-potentially hazardous beverages,鈥� saying that the current wording doesn鈥檛 account for accidental or purposeful contamination.
Del. Marlon Amprey, D-Baltimore, asked for clarification on the phrase 鈥減rivate property鈥� so as to not encourage trespassing.
Additionally, certain members of the committee, including Chairman Kumar Barve, D-Montgomery, questioned the bill鈥檚 necessity, saying that many counties have since seen children engage in lemonade stands and bake sales without issue, adding that the 2011 incident seems to have lessened the enforcement of laws against them.
Parrott said the issue is that many parents are still too intimidated by the prospect of getting in trouble to allow their children to partake in the fun.
鈥淭his bill is needed to send a clear message to parents that this is okay and their kids can perform this entrepreneurial type of activity without the fear of being shut down,鈥� Parrott testified.
A House committee vote has not yet been scheduled.
