On last Thursday in July, on Alberta and 26th, a young girl was cheerfully setting up her lemonade stand. This was her first time doing this, and with her mother, she planned on selling lemonade for 50 cents a cup. No more than 20 minutes later, two state employees with badges informed her that if she did not desist, she would face a $500 fine.As a food vendor, I'm intrigued by this story! I'm subject to the rules and regulations of the game, have a food handler's permit, am routinely quizzed by inspectors, etc. Yet.. are kids' lemonade stands exempt from public health concerns? They are as cliche as they come, and most wouldn't bat an eye to down a glass of lemonade prepared in some unknown kitchen or on the street without a hand-washing station. The inspectors were there at the First Thursday street fair anyway--not looking to bust neighborhood lemonade stands. Of course they couldn't turn a blind eye.. The inspectors I have met are motivated by concern and fairness. But should this little girl really have been shut down? Join the debate at The Lemonade Revolt.
update:
Jeff Cogen, chairman of Multnomah County, says the health inspectors were "just following the rule book" but they should have given the girl and her mom a break. On Thursday, he talked with Julie's mom to apologize.
"A lemonade stand is a classic, iconic American kid thing to do," Cogen told The Oregonian. "I don't want to be in the business of shutting that down."
-AP, Aug 6, 2010
"Yet.. are kids' lemonade stands exempt from public health concerns?"
ReplyDeleteDepends on the regulations of the place, but I seriously doubt that the regulations were passed with the exception of kids' lemonade stands. Or bake sales at churches. Etc etc etc.
The fun is, common sense tells us that the kid's lemonade is okay, but on what basis do we justify it to legal enforcement? Because she's a kid? Because it was prepared at home? Because an adult was involved? And then compare it to, say, your crêpe cart, a family-run restaurant, etc etc etc...
And yet we can turn it around - if we're okay enough with some random person making food in their house, why do we have inspectors (or at least, so many)?
Oh, by the way, forgetting food safety regulation, let's ask at what point child labour laws and child security laws should demand the kid should get shut down. If mom is involved, she's sending the kid to work. If she's not, the kid is alone, on her own! (Danger!!) Same game as before. If a kid can sell lemonade, why not trinkets like in Mexico?
ReplyDeleteSometimes, the law can just be an ass ;)
I know, isn't it a great debate? I hoped you'd put in your two cents :) I really feel that since this kid was dreaming big and took on such a large venue (the Last Thursday street fair is about 10 blocks long, both sides of the street. I was there that night and I had no idea this was going on) that she should get a license. If she is nonprofit, the license is very inexpensive. In that case, she is also required to post conspicuously that her food is homemade.
ReplyDeleteI hope her supporters all chip in so she can have a proper permit and continue to learn how business works in Oregon.
My friend suggested what she always does: "Simple, just deduct the cost of a permit from taxes." hahaha.. if only. Then we could all make lemonade :)