Subtitle 18 – Itinerant Wholesale Produce Dealers

The term “established place of business”, as used in this subtitle, shall mean and include any building or room licensed for the handling of the products in this subtitle named.

The term “itinerant wholesale produce dealer”, for the purposes of this subtitle, shall mean and include any person, firm, association, or corporation who is a non-resident of the City of Baltimore and/or the State of Maryland and who is without an established place of business within the City of Baltimore, selling or offering for sale from any cart, wagon, truck, automobile, or other vehicle any fruits, vegetables, garden produce, butter, eggs, cheese, game, veal, pork, mutton, lamb, rabbits, or poultry not grown, raised, produced, made, manufactured, caught, trapped, or killed in the State of Maryland to any person, firm, or corporation for the purpose of resale, or to any restaurant, hotel, or public institution within the City of Baltimore.

Provided, however, that this subtitle shall not apply to or affect any dealer having an established place of business within the City of Baltimore.

Nor shall it apply to or affect any person, firm, or corporation who sells exclusively to or through, or who buys exclusively from, a duly accredited wholesale food establishment that is licensed and complies with the requirements, as such, of the City of Baltimore, and State of Maryland.

Provided further, that this subtitle shall not apply to a farmer or producer or person who offers for sale or sells to retailers, hotels, restaurants, processors, or public institutions or to commission merchants the products herein mentioned, or any of them, which were grown, raised, or produced, made, manufactured, caught, trapped, or killed, within the State of Maryland.

But it shall be unlawful, however, for any such farmer or producer or person or any employees of such farmer or producer, or person to engage in the business of selling the products herein mentioned, or any of them, to retailers, hotels, restaurants, or public institutions within the City of Baltimore unless he applies annually to the Director of Consumer Protection and Business Licensing for a permit so to sell.

Said plate shall be displayed in a conspicuous place on wagon or other vehicle by said farmer or producer or person at all times when selling his products.

Written application therefor shall be made to the Director of Consumer Protection and Business Licensing on forms prepared by the Director.

The license fee for each and every cart, wagon, truck, automobile, or other vehicle used in the business of an itinerant wholesale produce dealer and operated or propelled along or upon the streets or thoroughfares of the City of Baltimore shall be $200 per annum, or a portion thereof, for each vehicle, which amount shall be paid to the Director of Finance.

Said license:

The following regulations and conditions shall be observed by itinerant wholesale produce dealers licensed under this subtitle.

In addition to the conditions and regulations above set forth, each itinerant wholesale produce dealer licensed under this subtitle shall be subject to the laws of Maryland and the ordinances of Baltimore City governing the sale of food products.

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.

The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.