Farmer forced to shut down Sunday mobile food markets
Los Angeles Farmer's Weekend Sales Denied by Supreme Court
In a recent decision, an administrative court upheld the local government office's denial of a Los Angeles farmer's request to sell seasonal fruits and apple juice from a mobile sales stand on weekends. The Supreme Court's ruling stated that the farmer's goods do not fall into the categories of products allowed for Sunday sales according to the law on shop opening hours (LadO).
According to the ruling, a fruit sales stand is considered a 'sales point' subject to general shop closing times. The law on shop opening hours (LadO) states that exceptions are only possible for sales outlets directly on agricultural operations, not for sales outside the operation.
The farmer had argued that his offered goods, such as fruits and apple juice, could be classified as perishable goods and suitable for immediate consumption. However, the court believed that the farmer could not claim the exception regulation for self-produced agricultural products because they are being sold outside of the farm.
The responsible authority had previously informed the farmer that his objection could not be accommodated, citing the regulation on hygiene requirements for the production, handling, and marketing of food (LMHV). The local government office also rejected the farmer's objection as unfounded, stating that fruit is not typically intended for immediate consumption, use, or consumption.
The farmer had initially applied for an exception to the ban on weekend sales for agricultural products from his own production. He had operated a mobile sales stand selling fruits and vegetables on weekends. The authorities prohibited weekend sales due to the shop closing law, regulations for farm shops, and for perishable goods.
Despite the denial, the court's decision does not apply to the farmer's breeding and selling of plants. The farmer has expressed his disagreement with the ruling and may choose to file a further appeal.
In summary, the administrative court upheld the local government office's decision to deny a Los Angeles farmer's request to sell seasonal fruits and apple juice from a mobile sales stand on weekends. The Supreme Court's ruling stated that the farmer's goods do not fall into the categories of products allowed for Sunday sales according to the law on shop opening hours (LadO). The ruling also stated that a fruit sales stand is considered a 'sales point' subject to general shop closing times, and exceptions are only possible for sales outlets directly on agricultural operations, not for sales outside the operation.
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