It depends on who's selling and where. Some states protect kids' lemonade stands by law, and Wisconsin is a clear example: a stand run only by people under 18, on private property with the owner's permission, open now and then and selling food that isn't potentially hazardous, can't be banned, licensed or charged a fee by any city, village, town or county. The state doesn't treat it as a retail food establishment either, and the kitchen where the lemonade is made isn't a food processing plant. Adults are different. An adult selling lemonade at a market or an event is running a food business, and that means a license from the state or the local health department in most places, often a temporary or event food license. A few states' cottage food laws cover drinks made at home: North Dakota's includes "food and drink products" sold directly to the customer with its sign or label. In the example below, two kids in Wisconsin run a stand, and their parent looks into selling at the farmers market.
The short version
- Kids' stands are protected by law in some states, including Wisconsin.
- Wisconsin: run only by under-18s, on private property with permission, occasional, nothing potentially hazardous.
- No local license or fee, and no state retail food license, for such a stand in Wisconsin.
- Adults selling lemonade at markets or events need a food license in most places.
- Some cottage food laws cover drinks: North Dakota's does, with a sign or label.
- Check your state and city before an adult sets up a table.
- TaroStack is for the business that comes after the stand. More below.
Who can sell lemonade, and how
| Seller | Where | What it takes |
|---|---|---|
| Kids under 18, Wisconsin | Private property with permission, occasionally | No local license or fee; no state license |
| Kids elsewhere | Depends on the state | Check: some states protect stands, some don't say |
| Adults | Farmers market, event, fair | A food license from the state or health department, often temporary |
| Adults, North Dakota | Directly to customers, from a home kitchen | Cottage food, with its sign or label statement |
Temporary event licenses are in temporary food permit, and North Dakota's home-kitchen rules in North Dakota cottage food laws.
The rules
| Rule | Where |
|---|---|
| Kids' stands, Wisconsin | Run solely by people under 18, on private property with permission, temporary and occasional, no potentially hazardous food; no local ban, license or fee (Wis. Stat. 66.0416) |
| State licenses, Wisconsin | A stand operated by a minor isn't a retail food establishment; the place it's made isn't a food processing plant (Wis. Stat. 97.30(1), 97.29(1)(g)12m) |
| Acidic drinks | A food with a pH below 4.2 is non-TCS food (Food Code 2022, 1-201.10, Table B) |
| North Dakota cottage food | Food and drink products from a home kitchen, sold directly to an informed end consumer, with the sign or label (N.D.C.C. 23-09.5) |
This is general information, not legal advice.
An example: a Wisconsin stand, and a parent's question
Two kids, 10 and 12, run Lakeside Lemonade, a made-up stand at the end of their family's driveway in Middleton, Wisconsin, on summer Saturdays:
| Product | Price | Cost a cup | Bring | Expect to sell |
|---|---|---|---|---|
| Lemonade, 12 oz cup | $2.00 | $0.45 | 60 | 45 |
| Strawberry lemonade, 12 oz cup | $3.00 | $0.70 | 30 | 20 |
The stand is on their own property, run by the kids, a few Saturdays a summer, and lemonade isn't potentially hazardous food, so it needs no permit and no fee under Wisconsin law. A cup of lemonade costs 45 cents in lemons, sugar, ice and the cup. In July the stand sold 41, 52, 38 and 47 cups of lemonade on its four Saturdays, and 18, 24, 15 and 21 of strawberry: $590 in sales, and $455.30 left after lemons, sugar and cups. Their parent wondered about a table at the Saturday farmers market. An adult selling there would need a food license, covered in farmers market vendor permit, so the market table waits, and the stand stays the kids' project.
Get the planner
Download the lemonade stand planner. Two sheets: the day, where you type each drink's price, cost a cup, how many cups to bring and how many you expect to sell, with sales, what's left after costs and the sell-through filled in; and a season log of what each day sold. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.
Where this stops working
A summer stand fits on a page. A drink business, bottled for a café or sold at three markets, needs a licensed kitchen, batches and lots, and that's a different kind of record.
How TaroStack does it
TaroStack is for the business after the stand: a licensed kitchen, batches and the stock behind them.
Recipes and batches. A drink is a recipe by weight or volume, and each batch takes lemons, sugar and bottles off stock, with its lot.
Counts with no signal. A market cooler can be counted on a phone with no signal.
Reorders. The reorder list shows lemons, sugar and bottles in days of cover.
| The job | Notebook | In TaroStack |
|---|---|---|
| What a batch of lemonade used | Remembered | A batch from the recipe |
| What's left in the cooler | A guess | A count on a phone, offline |
| Lemons before Saturday | A trip to the store | The reorder list |
Recipes, batches, counts and the reorder list are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.