Farmer forced to shut down mobile food stands on Sundays - prohibited food sales on the day of rest
A German farmer, known for his mobile sales stand selling fresh fruits and vegetables on weekends, has had his application for an exception to the shop opening law for Sunday sales of agricultural food products denied by the Federal Administrative Court (Bundesverwaltungsgericht) of Germany.
The farmer, who specialises in seasonal strawberries, raspberries, currants, apples, pears, and apple juice, argued that his perishable goods and small packaging sizes made them suitable for immediate consumption. However, the court's ruling states that a fruit sales stand is not a sales outlet directly on agricultural operations, which are the only exceptions allowed for Sunday sales.
According to the law on shop opening, sales outlets for business transactions with customers are generally closed on Sundays and public holidays, with exceptions only for sales outlets directly on agricultural operations. The typification of the goods is crucial in determining if they are for immediate consumption, use, or consumption, and fruit does not generally belong to these categories.
The farmer's objection to the ban was based on the argument that his fruits and apple juice, with the exception of apple juice, are perishable goods and offered in small packaging units suitable for immediate consumption. However, the utilization of the fruit does not typically take place on the spot and in immediate temporal connection with the acquisition, unlike goods such as ice cream.
The authorities prohibit weekend sales due to the shop closing law, regulations for farm shops, and for perishable goods. The responsible administrative court decided that the local government office's decision was lawful and did not infringe on the farmer's rights. The responsible authority rejected the farmer's application for an exception and asked him to observe the general shop opening hours.
It is worth noting that the farmer cannot invoke the exception regulation applicable to self-produced agricultural products as he wants to offer his agricultural products outside of a farm shop or sales outlet on the farm. This regulation only applies to sales directly on the farm.
The authorities can allow exceptions from the Sunday and public holiday opening ban if perishable goods or goods for immediate consumption, use, or consumption are sold and this is necessary to satisfy locally occurring needs. However, in this case, the farmer's goods do not fall into the groups of goods determined by the law for Sunday sales.
The farmer filed a lawsuit seeking an exception to the shop opening law for Sunday sales of agricultural food products from his own production. The case was heard by the Federal Administrative Court, which ultimately ruled against the farmer. The farmer must now abide by the general shop opening hours.
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