An Act To Allow Lemonade Stands and Other Food and Nonalcoholic Beverage Sales by Minors
Maine Legislature, Session 130, LD 1234
Committee: Health and Human Services
Sponsors: FECTEAU
Amends: 22 MRSA §2491, 22 MRSA §2492, 30-A MRSA §3704, 36 MRSA §1760

Legislative Document
No. 1234
H.P. 905
House of Representatives, March 24, 2021
An Act To Allow Lemonade Stands and Other Food and 
Nonalcoholic Beverage Sales by Minors
Received by the Clerk of the House on March 22, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Augusta.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2491, sub-§7, as repealed and replaced by PL 2017, c. 322, §3, 
is amended to read:
7.  Eating establishment.  "Eating establishment" means any place where food or drink 
is prepared and served or served to the public for consumption on the premises or prepared 
and served or served ready to eat to the public for consumption off the premises.  "Eating 
establishment" includes places in the entertainment, hospitality, recreation, restaurant and 
tourism industries; catering establishments; correctional facilities; hospital cafeterias; 
mobile eating places; public and private schools; retail frozen dairy product establishments; 
and workplace eating establishments and places where food is prepared for vending 
machines dispensing food other than in original sealed packages.  "Eating establishment" 
does not include:
A.  A place preparing and serving food that is licensed pursuant to state law by a state 
agency other than the department as long the licensing of the place includes regular 
food safety inspections;
B.  A place serving food only to residents, such as a boarding home, a retirement home 
or an independent living place; and
C.  A farm stand that offers only whole, uncut fresh fruits and vegetables.; and
D.  A stand on private property operated by a person under 18 years of age for the 
occasional sale of prepackaged food, baked goods, lemonade or other nonalcoholic 
beverages.
Sec. 2.  22 MRSA §2492, sub-§4 is enacted to read:
4.  Stand on private property operated by a person under 18 years of age.  The 
department may not require a license under section 2495 or a fee under section 2494 for 
the operation of a stand on private property operated by a person under 18 years of age for 
the occasional sale of prepackaged food, baked goods, lemonade or other nonalcoholic 
beverages.
Sec. 3.  30-A MRSA §3704 is enacted to read:
§3704.  Stand on private property operated by a person under 18 years of age
A municipality may not require a license or permit or charge a fee under this chapter 
for the operation of a stand on private property operated by a person under 18 years of age 
for the occasional sale of prepackaged food, baked goods, lemonade or other nonalcoholic 
beverages.
Sec. 4.  36 MRSA §1760, sub-§107 is enacted to read:
107.  Sales from stand on private property operated by a person under 18 years 
of age.  Sales of prepackaged food, baked goods, lemonade or other nonalcoholic beverages 
from a stand on private property operated by a person under 18 years of age for the 
occasional sale of such items.
SUMMARY
This bill prohibits the Department of Health and Human Services, the State Tax 
Assessor and municipalities from requiring a license or a permit or charging fees or sales 
taxes for the operation of a stand on private property operated by a person under 18 years 
of age for the occasional sale of prepackaged food, baked goods, lemonade or other 
nonalcoholic beverages.