Cam Cavitt

LANSING — State Rep. Cam Cavitt, R-Cheyboygan, has criticized District Health Department No. 4 (DHD4) in Northeast Michigan for “issuing citations to children” running a local lemonade stand at a Rogers City farmer’s market, in a Monday press release.

Chelsea Engle, current DHD4 health administrative officer, said the children were not issued citations, but were rather required to purchase a temporary food service permit. She added that DHD4 is currently unsure if the children ever purchased a permit or not.

Engle said that DHD4 leadership is still investigating the situation to determine all the details.

According to the release, the incident was brought to Cavitt’s attention in which the health department required the children to pay $57 every two weeks throughout the season to run their lemonade stand. The $57 charge was in addition to new vendor participation fees.

Cavitt told The News on Monday that the children are homeschooled and have been participating in this farmer’s market for a “couple of years” on private property. He explained that the farmer’s market has since moved to a public park.

Cavitt added that the children were advised that they could get around the fee requirement if they sold pre-prepared, pre-packaged lemonade. However, he said that selling pre-made lemonade negates the point of their lemonade stand.

He explained that his criticism of the health department issuing these fees to children is compounded by his dissatisfaction as to how the health department has handled its financial challenges since June.

The previous DHD4 administrative health officer, Denise Bryan, disclosed to health board members this past summer that the Michigan Department of Health and Human Services (MDHHS) had taken back $700,000 of DHD4’s money. That amount taken back by the state currently totals $1.2 million.

“The failing District 4 health department is underwater by millions of dollars; instead of fixing their money problems internally, they’re pushing the bill onto school-aged children,” Cavitt said in the release. “Why on earth are we bullying and penalizing kids for the grave crime of having a lemonade stand? Is the state of Michigan so desperate for funding that we have no other option aside from stealing a child’s lunch money? It’s completely unnecessary, and District Health Department No. 4 must stop giving out these citations.”

Cavitt called for the health department to “stop bullying children and focus on things that matter.”

“We’re supposed to be teaching our children about responsibility, but we’re pricing them out of the opportunities they need to develop real business skills,” Cavitt said in the release. “We need the health department to simply leave them alone. Kids don’t pay taxes, and they shouldn’t have to pay for absurd health department permits either. Lemonade stands are a part of every town gathering in the summer, and we shouldn’t let the health department’s greed put a stop to that tradition.”

Cavitt said that the children were required to pay the $57 every two weeks for the permit.

Engle explained that the department’s food safety program provides a temporary food service permit to those who qualify.

“Such as a low-risk, for-profit lemonade stand operating at a farmers market,” Engle said.

Engle explained that the $57 charge was for a temporary food service permit, according to the department’s previous fee schedule. She said that environmental health (EH) sanitarians will suggest food vendors switch to a different permit to save money if they are operating for a longer period of time.

“Food sanitarians may suggest going with a transitory food unit instead,” she said. “That may be a more cost-effective permit.”

At DHD4’s February meeting, Joseph Scheele, DHD4 environmental health director, told board members he had increased environmental health services fees.

Currently, the cost of a temporary food service permit is $64. The price for a DHD4 transitory food unit permit is $224.

Engle explained that in the case of a lemonade stand, the food vendor’s permit includes a discussion or review of proper hand washing techniques, ways to avoid bare hand contact with food and drinks, and discussion of acceptable food, water, or ice sources.

She also stated that the Michigan Food Code requires that an individual obtain a food service permit from the local health department whenever food will be prepared and served to the public.

“By choosing to set up a stand at an established event, the entrepreneur is expected to follow food laws and obtain a permit to do so,” Engle said. “Michigan Food Code does not provide exemptions based on age.”

“Please note, there were no citations issued related to a lemonade stand by our department,” she added.

Engle explained that if an organization is planning an event where food is to be served or prepared for public consumption they should contact the health department to determine if Michigan law requires a food service license for the individual event.

“Our local sanitarians are always open to serving our communities and answering any questions they may have about beginning a new food service venture,” Engle said.

Kayla Wikaryasz can be reached at 989-358-5688 or kwikaryasz@TheAlpenaNews.com.