House File 2238 passed the Iowa House on a 96-0 vote Monday evening. The bill allows a minor to operate a food stand so long as it is not time/temperature controlled for safety or an alcoholic beverage. It must be on a temporary and occasional basis on private property with the property owner’s permission.
“Lemonade stands are illegal in Iowa,” said Rep. Ray Sorensen (R-Greenfield). “This bill looks to right that wrong.”
Rep. Mary Mascher (D-Iowa City) asked Sorensen who is liable if the food sold at the stand makes someone sick.
“I would assume the kids and the parents who are operating the stand,” Sorensen said.
Macher said if insurance would be necessary to cover the stand and how much that insurance policy would cost.
“That’s a good question,” Sorensen said. “And I don’t know.”
Mascher said she believes it is important to include something in the bill so parents know if they allow their kids to operate a stand they understand there is some liability involved.
“I just didn’t want it to come back on to the state and the state to be sued since we now supersede local authorities in allowing this,” she said. “I don’t want the state to be liable.”
With all the food-borne illnesses out there, Mascher said she just wants to make sure the legislature is not endangering the public in any way and also informing parents on what their liability is.
Rep. Sharon Steckman (D-Mason City) served on the subcommittee for the bill and encouraged her caucus to support it.
Sorensen closed by noting that kids have run lemonade stands for years.
“I think we’ve survived,” he said. “I know my kids would be devastated if a police officer came to shut them down.”
Americans For Prosperity was the only group to support the legislation.
