NY State Senate Bill 2025-S837

Senate Bill S837

2025-2026 Legislative Session

Exempts lemonade stands operated by persons under sixteen years of age from department of health permitting requirements

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to health

2025-S837 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Health
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9147
2019-2020: S762
2021-2022: S1324
2023-2024: S576

2025-S837 (ACTIVE) - Summary

Exempts lemonade stands operated by persons under sixteen years of age from department of health permitting requirements.

2025-S837 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S837 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    837
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to exempt lemonade stands operated by persons under sixteen years
   of age from department of health permitting requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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.
   §  2.  This act shall take effect immediately.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02770-01-5

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