The fine of 10,000 euros imposed in December on Pere Puigbert in Ventalló, in l'Alt Empordà, has reopened the debate on the direct sale of fruit and other agricultural products by the roadside in Catalonia. The farmer, agricultural engineer, and owner of Fruites Núria, was fined for advertising signs located on the side of the road that had been installed for 15 years.
The conflict arises from the sector's own practice. While regulations prohibit advertising visible from the road within a 100-meter strip, several municipalities in Lleida maintain roadside sales stands with regular activity, permits, and without significant conflicts, although in some cases they have had to remove signs to avoid fines.
The law prohibits signs within 100 meters of the road
Law 37/2015 on Roads and the general regulation of Roads of Catalonia prohibit advertising that can be seen from the road within that 100-meter strip measured from the outer edge. The rule does allow for identification signs placed on the building or property of the business.
That is the point that has placed Puigbert at the center of the discussion. The sanction does not affect the sale of the product itself, but rather the commercial signage installed next to the road to attract customers to the farm.
In Lleida, however, the problem has not surfaced with the same intensity. Unió de Pagesos and JARC maintain that there are no relevant complaints or controversies in the province for this reason, even though proximity sales by the roadside are part of the agricultural landscape in several municipalities.
Sergi Balué, head of sweet fruit for JARC, summarized it briefly. "It's not something that has been news here."
Lleida maintains between 10 and 20 stands and demands more leeway
Unió de Pagesos estimates between 10 and 20 roadside sales stands in Lleida and believes the figure should be tripled. The union points out, at the same time, that fruit loses quality when exposed to high temperatures, a practical limit for this marketing model.
The sector's demand points to a comparison with other European countries. Josep Cabré, national head of sweet fruit for Unión de Uniones, and Jaume Gardeñes, head of vegetable sectors for Unió de Pagesos, call for the application of criteria similar to those in the European Union to promote proximity sales.
"When we go through Europe we find a lot of proximity sales. We ask to be able to do the same as them" - Josep Cabré, state manager of sweet fruit, Unión de Uniones, and Jaume Gardeñes, manager of vegetable sectors, Unió de Pagesos
Quim Torra, former president of the Government, also intervened in this regard, recalling that in Switzerland it is common to buy local products directly from farmers, even on roads.
While this debate continues, the Department of Agriculture is making a move. Òscar Ordeig, Minister of Agriculture, contacted the sanctioned farmer to seek formulas to promote direct, proximity, seasonal, and quality sales, and the department is studying ways to facilitate signage, access, and sales points for farms.
Alfarràs, Ponts and Organyà maintain sales without significant incidents
Some cases in Lleida show how commercial activity and advertising restrictions coexist. In Alfarràs, Miquel Aige, owner of the Km0 stall, removed a roadside sign after the administration denied him permission and warned him of possible sanctions.
In that same municipality, Joan Carles Garcia, mayor of Alfarràs, explained that there are several farmers who sell on the road and who are located, registered, with a business license and respecting the required distance and safety.
Ponts maintains a similar situation. Josep Tàpies, mayor of the municipality, stated that the farmers who sell there have a shop and a permit.
Further north, in Organyà, there is also roadside sales of jam and mushrooms during the season. In that case, there are no advertising signs and the activity has not caused problems.
The reference that Unió de Pagesos uses in the province of Lleida currently places between 10 and 20 roadside sales stalls, a figure that the union considers insufficient for the potential of direct sales.