§ 17-912. Sale of produce in municipal corporation

   (a) Scope of section. -- This section does not apply in Allegany and Washington counties.

(b) Local license, fee, or tax prohibited. -- A municipal corporation may not require a local license or impose a local fee or tax to sell fresh fruits, vegetables, or other country produce from a wagon at retail if the seller is the producer.

(c) Identification cards or tags authorized. -- However, a municipal corporation by ordinance may:

   (1) provide for the issuance of identification cards or tags to producers of country produce who sell the produce from a wagon at retail;

   (2) set a fee, not exceeding 50 cents for each producer, for the issuance of identification cards or tags; and

   (3) require producers to get and display identification cards or tags.

(d) Sale of produce by person other than producer prohibited; penalty. --

   (1) A person who is not the producer may not sell or offer to sell any fresh fruits, vegetables, or other country produce from a wagon at retail in a municipal corporation that requires a local license or imposes a local fee or tax to do so without getting the license or paying the fee or tax.

   (2) A person who violates this subsection is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $ 25.

HISTORY: An. Code 1957, art. 56, § 30, 31; 1992, ch. 4, § 2; 2004, ch. 25, § 6.