Mobile farmstands to be closed on Sundays; prohibition on food sales enforced
Farmer's Lawsuit for Weekend Sales Denied by Higher Administrative Court
A farmer in North Rhine-Westphalia has had his application for an exception to the store opening hours law denied by the Oberverwaltungsgericht (Higher Administrative Court). The farmer had sought permission to sell agricultural food products on Sundays and public holidays from a mobile sales stand.
The farmer's case began when he was checked during an inspection while selling goods on a Sunday near a ferry on the Rhine bank. He argued that his goods, such as fruits and vegetables, were perishable and suitable for immediate consumption, and that exceptions to the Sunday and public holiday opening ban could be allowed to satisfy locally occurring needs.
However, the responsible authority, citing the regulation on hygiene requirements for the production, handling, and marketing of food (LMHV), informed the farmer that his objection could not be accommodated. Fruit is generally not considered among the goods intended for immediate consumption, use, or consumption.
The farmer then lodged an objection, stating that the fruit and apple juice he offered were perishable goods and suitable for immediate consumption. However, the court ruled that a fruit sales stand is considered a "sales outlet" subject to general shop closing times, regardless of it being for self-produced agricultural products.
The farmer's application did not qualify for the exception regulation for self-produced agricultural products because he wanted to sell his products outside of a farm shop or a sales outlet on the farm. According to the law on store opening (LadO), exceptions are only possible for sales outlets directly on agricultural operations.
The court's decision was based on the interpretation that the typification of the goods is in the foreground, and the fruit is not considered among the goods intended for immediate consumption, use, or consumption. The Oberverwaltungsgericht in North Rhine-Westphalia decided that farmers do not have a right to open on Sundays and public holidays, because such openings require a sufficiently weighty public interest and cannot be justified solely by commercial interests. This decision is legally based on protecting Sundays as days of rest under constitutional law.
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This article is for informational purposes only and does not constitute legal advice. If you have any questions or concerns, please consult a legal professional.
