Clare's farmers and food market sellers will no longer run the risk of prosecution for selling "dirty" or unwashed vegetables at the county's farmers' markets.
This follows a move yesterday by Clare County Council's Environmental Special Policy Committee to direct the full council abolish a by-law making it an offence for anyone engaged in casual trading to sell untrimmed vegetables with clay, soil or dirt on them.
The by-law is part of a raft of casual trading laws adopted by the council in 1998 where food sellers are liable to a fine of up to €1,275 if they transgress any of the laws.
The change is being made in response to an initiative to re-energise farmers' markets throughout the county by the Kilkee-based community-based organisation, Eire Corca Bascinn (ECB).
In a submission to the committee by Mr Michael Gleeson of the ECB, he said the changes sought in the by-laws would go some way in allowing for the further development of farmers' markets in Clare.
"As it stands, the casual trading by-laws directly inhibit the development of farmers' markets in Clare," he said.
"These changes would not alone benefit the local farming community but also the people of Clare, who have the right to access good-quality, naturally-produced food from their own county."
Making the case for abolishing the by-law prohibiting the sale of "dirty" vegetables, Mr Gleeson said: "Unwashed and untrimmed vegetables have become very popular in farmers' market and in the situation where produce is harvested that morning before the market introduces a large amount of unnecessary work to the farmer."
In response to the submission, which also called for other minor changes to the by-laws, Cllr Joe Arkins said: "It behoves us to get a glitch like this out of the way. Sometimes, some people won't buy vegetables if there is not earth on them at markets."
Committee member and farmers' representative, Mr Tom Brooks told the committee: "I heard that one case was taken against a farmer over vegetables with earth on them but it was thrown out by the judge.
He said: "People believe that vegetables are fresher with earth on them and that carrots, for instance, taste much nicer if they are bought with earth."
Chairwoman of the SPC, Cllr Patricia McCarthy, told the committee: "If there is a problem with the current law, it should be changed and we are recommending to the council that it be changed."
Yesterday, Mr Gleeson welcomed the decision by the committee to recommend that the by-laws be abolished. He said: "It is one of those things where nobody enforces a law and it doesn't make any sense to have it there."
