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City attorney says state law limits licensing for farm‑produce sellers; right‑of‑way permission remains a municipal lever
Summary
City attorney briefed council on a long‑standing state statute that protects sale of farm produce and similar items from local licensing requirements; he said the city can regulate use of public right‑of‑way but a regulatory permit tied specifically to produce sales faces legal risk.
City attorney Eric Ferguson told the Pasco City Council on May 19 that a historic state statute — originally enacted in the 19th century and still in force — makes it unlawful for municipalities to require a license from producers who are selling fruits, vegetables and other farm produce. Ferguson quoted the statute during the meeting: “It shall be lawful for any farmer, gardener, or other person without license to sell, deliver, or any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or…
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