Sale of produce in municipal corporation

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

    (b)    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)    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)    (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.


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