Texas police shut down girls' lemonade stand, demand permit

originally posted by: quercusrex
a reply to: amazing

I would refer you to the state law again. If someone got listeria from the cool-aid ( Nobody go making any Jim Jones jokes here

) then people would be screaming "Why was there no permit?"

But that's too much nanny state. Where would you draw the line. Licensing and health permits to holiday potlucks or club picnics or neighborhood BBQs. and further more should we tax yard sales? Absolutely not. Let's get the government out of our lives for once instead of inviting them in.

So would paying for the health permit cause the city to arrive and test the lemonade or would it just put a check in the bank and hand out a piece of paper. The second doesn't accomplish anything toward safety.

Here is some background on the law

www.dshs.state.tx.us...

a PDF FAQ

Looks like lemonade is a potentially Hazardous Food

In other words, a food must be held under proper temperature controls, such as refrigeration to prevent the growth of bacteria that may cause human illness. A PHF/TCS is a food that: contains protein, moisture (water activity greater than 0.85), and is neutral to slightly acidic (pH between 4.6 -7.5).

One of the PHF is

What types of foods are not allowed to be sold at a cottage food production operation?

Lemonade, juices, hot chocolate or similar beverages

a reply to: Ashirah

Every state should have one of these...

a reply to: roadgravel

Good info there. The parents should have spent some quality family time with the girls researching what they could sell with out a state health inspection. The this would be a non-issue.

Again, children have had lemonade stands in America for a century and we're okay. It's actually, in my opinion, made us a better nation.

If we fear everything and tax everything, we'll become North Korea. I don't want that.

a reply to: amazing

An age old tradition goes by the wayside due to paranoia. I wonder how many people have gotten sick from lemonade sold by kids. Some count near 0?

Q56. Can my kids have a lemonade stand under this law?

Answer: No. This law covers only the foods listed, and it does not include beverages. Lemonade would fall outside the cottage food "umbrella" and would still be governed by your local health department and the Texas Food Establishment Rules.

It's important to note that lemonade stands have been "illegal" for decades and that the Cottage Food Law did not change this.

But parents, since there are many foods that ARE allowable to sell from home under this law, why not consider a different food that is easy for your kids to prepare: Some examples would be: cookies, popcorn, trail mix, rice krispy treats, or chocolate covered oreos!

Link

I learned something. It's been illegal for a long time.

And so, we teach the children a valuable lesson about capitalism: in order to make money, you need more than moxy, a winning attitude, and a good product. You need to have started with money, and to know whose pockets to line with it.

Against the law? OK, fine.

Letter of the Law...

Or the spirit of the Law.

Not always the same thing. In fact, I'd be so bold as to say all too often not even close.

This would be one such time. Violated the letter of the law. Violated the spirit of the law? Not so much.

originally posted by: Wookiep
a reply to: Domo1

I wonder how well accepting donations with actually work... After all it's all about "state health laws." Gotta protect the citizens from that un-regulated and dangerous lemonade!

This is along the same lines of the "don't feed the homeless!" nonsense, due to "health laws" going on in Florida and other places.

I full on agree with you here. My neighbor retired Air Force 24 years, now works at the base store as part time butcher. He told me one day that when they have fresh or canned food go past date, (Mostly cut meat) they have to throw it out. At one time they would give it to the homeless shelter. Then some clown got a bur in his butt and started pumping up health laws, crying about WHAT IF.

I know that had nothing to do with those girls, I just had to say that. As for those 2 girls, I remember a time that the police chief would have gotten on his radio, and told all his officers to stop by and get something to drink. When did we get so far off track that we now have to worry about someone hitting an 8 year old with a law suit. COME ON PEOPLE STOP BEING SO GREEDY, YOU'RE KILLING THIS COUNTRY. That said does anyone know how to contact those kids, I want to make a donation from Arizona. Maybe I should also send Texas some money too, they seem to need it BAAAAD.

a reply to: roadgravel

I wish people that come up with such stupid laws would quit getting placed into a position to make such law. Come on voters. Texas is your state. Band together and demand a repeal!

originally posted by: lordcomac
Does anyone else remember a time when the officers would have stopped and bought lemonade from the girls?


What a world.

That was a pre 9/11 world, before common-sense was scared out of the population.

I feel sorry for the kids growing up who don't even know that world. I wonder how they see such a situation. Is this normal to them?

Only in Amerika.
Land of the Free, home of the Obtuse.

Hold on a second: the worst thing going on in Overton, TX is a lemonade stand??? I am moving to this utopia! Congratulations to the police for building such a crime free city that they can focus resources on such trivial things.

a reply to: seagull

Apparently all's well that ends well. The girls' lemonade stand will reopen tomorrow. I'm sure with the viral nature of their story they will earn more than enough to cover their Father's Day plans.

A spokesman for the Texas Department of Health says :
"Generally, a lemonade stand would require a 'temporary food establishment' permit," she told News Radio 1200 WOAI's Michael Board.
"There is no specific state law covering lemonade stands along the road, but the selling of lemonade would cover the issues involving temporary food establishments."

But Mann says the state has no interest in becoming the Lemonade Police.

"That is not something it is even a priority to enforce."



WOAI

I gladly yield the argument to those who have argued in favor of common sense.

a reply to: quercusrex

But Mann says the state has no interest in becoming the Lemonade Police.

"That is not something it is even a priority to enforce."

Common sense. Gotta love it.

Texas is a bit too far for lemonade, but I hope they make bank. Don't forget the income tax girls.

a reply to: seagull

The girls will be getting a bill from the department of revenue for Texas and the IRS. Because someone famous once said, “If you’ve got a business — you didn’t build that. Somebody else made that happen.”

a reply to: skoalman88

Why should the police get ALL the credit for a nice town and good community?

originally posted by: skoalman88
Hold on a second: the worst thing going on in Overton, TX is a lemonade stand??? I am moving to this utopia! Congratulations to the police for building such a crime free city that they can focus resources on such trivial things.

Amen!