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If a kid starts a lemonade stand, do they have really to go through the FDA & the IRS to avoid trouble with police or can they sell lemonade?

Sounds like a bunch of BS to me

14 Answers

  • 2 months ago

    Serving food or beverages to the public (especially for a price) may be highly regulated for good reasons, including but not limited to public health and various commercial limitations (e.g., too many unlicensed lemonade stands in one place may create problems).

    Yes, there may be federal, state and local regulations that everyone is presumed to know and have to follow.  Some locales have enacted a "lemonade stand" exemption for specific circumstances,  under local health or small business laws.

    However, FDA and IRS rules still apply, among others. 

    For instance, a kid cannot use fraudulently mislabeled lemonade mix or concentrate for creating the beverage.  [CITE: 21 CFR Part 146 Food For Human Consumption, Requirements for Standardized Canned Fruit Juices and Beverages, labeling requirements, etc.]   A person doing their own home-made lemon squeezins may be exempt from all labeling to the extent they are not intentionally misrepresenting the source and qualify of the ingredients.

    In my state you also need a permit to place a sign for a business within a statutory distance of a public highway.

    Sure, let kids be kids, but the parents are still responsible for knowing and following the laws, not to mention liable for any injuries  resulting from someone drinking whatever their child sells them...

  • 2 months ago

    Some police departments have been anal about things like this in recent years. The FDA nor IRS have gotten this bad yet.

  • 2 months ago


  • y
    Lv 7
    2 months ago

    Depends where you are and such. Reports every summer of kids stands like that being shut down, no permits and such is usually the excuse.  It is not BS.  Now, it isn't the FDA or IRS that are involved, it s the local city/town authorities that are.

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  • 2 months ago

    NO. There MAY be local laws involved. The FDA isn't even involved in full blown restaurants. NO ONE has to consult the IRS to go into business. A lemonade stand is highly unlikely to generate enough income to require a tax return.

  • 2 months ago

    Technically, yes, it is a violation, however, that is normally and openly over looked and allowed to operate.

  • 2 months ago

    They do not have to go through the FDA.

    If they make enough money, then they have to report it to the IRS after, and pay tax on it, but this has nothing to do with the police.

    In some places, they have a permit from the local health department, but this has nothing to do with the IRS or the FDA.

  • J P
    Lv 4
    2 months ago

    Lemonade is a product, cleaning up your leaves is a service. Seems people will pay a kid to rake or mow, and not worry about child labor regulations, taxes, etc. ... but if it approaches retail- or restaurant-similar product sales, a child has no right. Will "GoFundMe" someday be subject to such scrutiny?

    Attachment image
    Source(s): September 2017 at the White House
  • 2 months ago

    Bunch of BS.  Trouble with the police might mean them telling you that you can't sell lemonade, but they are just as likely to buy a cup of lemonade from you and say have a nice day.

  • Anonymous
    2 months ago

    it is a lot of BS  stop listening to right wing fear mongers

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