OVERTON, TX (KTRK) -- Police in Texas shut down a lemonade stand run by two little girls. They said it was illegal.

 

Andria and Zoey Green told ABC affiliate KLTV they were trying to raise about $100 for a Father's Day present. They wanted to take him to Splash Kingdom.

 

They had been selling lemonade and kettle corn for an hour - and made about $25 - when officers showed up and told them they need a $150 permit to sell their lemonade.

 

Texas House Bill 970, or the Texas Baker's Bill, does not allow the sale of food that needs time or temperature control to prevent it from spoiling. Since lemonade needs to be refrigerated to prevent bacteria growth, police said they needed an inspection from the health department and a permit to sell it.

 

"It is a lemonade stand, but they also have a permit that they are required to get," Overton Police Chief Clyde Carter said.

 

"I think that's ridiculous. I think they're 7 and 8, and they're just trying to make money for their own cause," said Sandi Evans, the girls' mother.

 

Ridiculous or not, Overton police said it's the law and they'll keep enforcing it.

 

"We have to follow by the state health guidelines," said Carter. "They have to have a permit if they're going to do the lemonade stands."

 

The sisters plan to try again this weekend. Instead of selling their lemonade, they'll give it away for free and accept donations.

 

http://abc13.com/news/police-shut-down-girls-lemonade-stand/776322/

 

 

Not what you though it was going to be about, eh?

 

The sisters plan to try again this weekend. Instead of selling their lemonade, they'll give it away for free and accept donations.

 

 

I love the loophole...

I love the loophole...

We should have them consult on our 2A issues.

HB 970 by State Representative Eddie Rodriguez, 83rd Texas Legislature

Senate Sponsor: Bob Deuell

Effective Date September 1, 2013

 

 

1. You may sell the following homemade food items:

• Baked goods that do not require refrigeration, such as cakes, cookies, breads, and pastries.
  
• Candy
  
• Coated and uncoated nuts
  
• Unroasted nut butters
  
• Fruit butters
  
• Canned jams and jellies
  
• Fruit pies
  
• Dehydrated fruits and vegetables including dried beans
  
• Popcorn and popcorn snacks
  
• Cereal, including granola
  
• Dry mixes
  
• Vinegar
  
• Pickles
  
• Mustard
  
• Roasted coffee or dry tea
  
• Dried herbs or herb mixes
  

 

2. You must earn $50,000 or less per year from the sale of the above food items.

 

3. No health department or local government authority can regulate your production of these items. There are no licenses, registration, or permits required by state law. (With the exception of basic food handler's certification, see item 10.)

 

4. If DSHS or your local health department has reason to believe your operation poses an immediate and serious threat to human life or health, they may take action, including getting a warrant to enter your home, and shutting down your operation.

 

5. You may sell the food at your home, deliver the food to your customer, or sell your food at the following locations: farmers’ markets, farm stands, or municipal, county, or nonprofit fairs, festivals, or events.

 

6. Your food must be packaged in a way that prevents the product from becoming contaminated. Items that are too large or bulky for conventional packaging, like wedding cakes or cupcake bouquets, are not required to be packaged.

 

7. Your food must be labeled according to the labeling requirements. The label must be affixed to the package, except for items that are too large or bulky for packaging; in that case the label may be incorporated into the invoice.

 

8. You may not sell your food over the internet (for example: Etsy), and you may not ship your product.

 

9. You may not sell wholesale: in other words, you must sell your product directly to the end consumer. You may not sell your food to a reseller such as a grocery store, restaurant, or coffee shop.

 

10. You must obtain a food handler’s card prior to selling your food. If you have anyone assisting you in the preparation of your product, such as an employee, they must also obtain a card if at any time they will be unsupervised by you. This does not include members of your household.

 

11. You may not sell any food which requires time and temperature control to prevent spoilage - this is known as a "potentially hazardous food". However, you may use potentially hazardous products in your food, like milk, eggs, and cream, as long as your FINAL PRODUCT does not require refrigeration (cakes, cookies, candy, etc).

 

12. No municipal zoning ordinance can prevent you from having a cottage food operation in your home. However, your neighbors can still take action against you if your business becomes a nuisance to them.

If the Overton PD has time for this Mickey Mouse crap they are over-staffed.

Maybe the IRS gets involved over that $25 they made too, make sure they file their income tax returns, or else. Better call the State Division of Taxation while were at it, I bet they weren't collecting sales tax either.

 

When did we completely loose common sense in this country? 2 little girls selling lemonade get busted? Who was the moron who couldn't just look the other way?

We should send them $100 just for being smart enough to "bypass" the law

If a boss ever made me enforce that i would take the write up for failure to obey an order

I hope lots of people show up and donate a few dollars each!

Is this place a suburb of Austin TX. Wouldn't surprise me if it was...

I love the loophole...

Similar to what I would see at swap meets, buy a bolt/nail/washer for $3 get a free beer.

The way to counter this idiotic tyranny is for every home on that street with children -- no, every home in that neighborhood -- to open a lemonade stand. Don't pay the fine. Let them come after you. Hire one terrific lawyer, demand a jury trial, and tie up their ridiculous courts with lemonade prosecutions. You couldn't buy or otherwise create that much negative publicity!

It's probably like an NJ permit - takes 6 months to get and is based on some dope's discretion.