Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Abby Gorzlancyk, Staff Attorney March 25, 2024
2023 Wisconsin Act 168
[2023 Assembly Bill 964]
Regulation of Certain Businesses
Operated by Minors
BACKGROUND
Under current law, local units of government are prohibited from enacting or adopting a resolution or
requiring a license or permit for any stand operated by a minor. Additionally, any minor operating a
stand is not required to obtain a retail food establishment or food processing license from the
Department of Agriculture, Trade, and Consumer Protection. A stand operated by a minor means a
stand or other location at which goods other than potentially hazardous food
1
are sold on occasion;
2
directly to consumers; operates on a temporary, occasional basis; and that is operated solely by a person
or persons under the age 18 on private property with the permission of property owners.
2023 WISCONSIN ACT 168
2023 Wisconsin Act 168 generally prohibits any license or permit requirement for an occasional
business operated by a minor. Specifically, the act prohibits local units of government from requiring a
license or permit for a business that is operated occasionally by a person under the age of 18. There is
an exception from this prohibition for an occasional business that sells potentially hazardous food.
Effective date: March 23, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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1
Potentially hazardous food is defined as food that requires temperature control because it is in a form capable of
supporting any of the following: (a) rapid and progressive growth of infectious or toxigenic microorganisms; (b) growth
and toxin production of Clostridium botulinum; or (c) in raw shell eggs, the growth of Salmonella enteritidis. [s. 97.30
(1) (bm), Stats.]
2
Occasional sales are defined as isolated and sporadic sales of tangible personal property or taxable services where the
infrequency, in relation to other circumstances, support the inference that the seller is not pursing a full- or part-time
vocation, occupation, or business. It is presumed that a seller is not pursuing a full- or part-time vocation, occupation,
or business if the seller’s total taxable sales are less than $2,000 in a calendar year. [s. 77.51 (9), Stats.]