Neglecting enforcement of illegal vendors in the area is a self-inflicted wound on the county’s No. 1 industry, a safety hazard for potential buyers and a liability risk for government entities that ignore the problem.
San Benito County appears to be on the right track in addressing the growing presence of illegal street vendors in the Hollister area. They are picking up talks on a potential ordinance that would allow authorities to confiscate products sold by vendors who lack proper permitting.
The supervisors first discussed illegal vendors in June when Environmental Health Services Manager Vivian Nelson brought it to the board with concerns over public health. The department’s main concern was vendors selling produce illegally on the side of the road. She asked for permission to send out an advisory letter to the community that would encourage residents to purchase items only from legal vendors. County Administrative Officer Rich Inman, however, said last week that the education program gained a lot of momentum, but ran into problems when it came to confiscating goods.
As the county realized, the memo to residents was not only too passive, but also leaves officials with little room for real enforcement. There is one way to curtail illegal vending, and that is by confiscating the products in every case. It will send a reverberating message that the local governments are no longer willing to turn their backs to the illegal activities.
What is wrong, after all, with enforcing food safety regulations and licensing rules that are required for permitted businesses? What is wrong with standing on the side of fairness?
Local governments mandate operating businesses to pay certain fees and abide by certain restrictions.
Health officials are keen on maintaining the safest standards possible with permitted, regulated agriculture businesses.
To allow illegal vending is a slap in the face to residents who follow the rules. It is somewhat stunning that Hollister and San Benito County – where a 2006 E. coli outbreak devastated the local agriculture industry – haven’t caught up with the times when it comes to the ultra-sensitivity surrounding food safety. When someone comes down with severe illness or death after eating food sold from unregulated vendors in town, it won’t be the vendors shelling out big bucks in any lawsuits. It will be Hollister or San Benito County – or, in other words, the taxpayers who are following the rules. Â
Perhaps most forgotten of all in the debate is that the agriculture industry is the lifeblood of San Benito County’s economy. Many of the local farmers have food stands themselves, and they are required to jump through all of the hoops set up by government. They deserve an equitable, commercial environment.
But as Supervisor Robert Rivas reasoned, merely confiscating illegal vendors products doesn’t allow the illegal vendors their due process. What due process? It does not exist because there is no ordinance. That is why it is so important to establish one.
Illegal vendors are breaking the law, plain and simple. And if nothing is done, the rest of us will ultimately pay for it.
