Roadside fruit vendors are popping up on Tri-City corners. Are they legal?
It’s a familiar scene on a warm spring day. Flats of red strawberries and bags of bright oranges fill a street vendor’s table under a shaded tent at a busy Tri-Cities intersection.
The vendors tend to pop up on sidewalks, street corners, along roundabouts and around store parking lots.
Increasingly, drivers are asking city officials in Kennewick, Richland and Pasco if the street sellers are allowed to be there.
Their concerns range from traffic hazard issues to food safety to the vendors posing unwelcome competition with local businesses.
But some folks may be surprised to learn that cities can do little about them. That’s because mobile fruit and produce sellers are regulated by a Washington state law from 1897.
Washington vendor law
Under the law, it’s legal for people to sell fruits, vegetables, berries, eggs and other produce without a license.
The law is geared toward farmers and gardeners, but anyone selling only fresh produce falls under the same rules.
Cities can’t require the vendors to have a business license either.
Pasco even allows people to sell Christmas trees without a license or permit.
Still, in recent weeks, members of the public and at least two Pasco councilmen raised the street vendor issue, asking if the sellers are operating legally.
Troy Hendren, code enforcement division manager, told the Pasco City Council recently that there isn’t much they can do other than to contact the vendors to educate them about not blocking sidewalks or being in the street.
Police officers can cite vendors for a misdemeanor if they obstruct traffic. They also can remove vendors if they are on private property without the owner’s permission.
Hands-off approach in Kennewick
Though it’s unclear how many street vendors are in the Tri-Cities, they seem to have a larger presence in Pasco and Kennewick, than in Richland.
Vendors selling fruit from California have been spotted at Road 44 and Burden Boulevard, Argent Road and 20th Avenue, Lewis Street and 20th Avenue, Convention Drive and Sandifur Parkway, and along Road 40 and Road 68 in Pasco.
They sometimes have tents on Union Street, Edison Street and Columbia Center Boulevard in Kennewick, the Steptoe roundabout in Richland, and in parking lots at Walmart and other big box stores.
Kennewick city staff told the Herald they’ve received very few calls this year about the vendors.
Community Planning Director Anthony Muai said one resident contacted the city because they were concerned that one sidewalk vendor was blocking the view of traffic as cars exited the driveway of a business on Columbia Center Boulevard.
City officials contacted the vendor to ask them to move to another spot.
“Vendors on the sidewalk will be treated the same as employees of a neighboring business on the sidewalk trying to attract drive-by customers similar to what we see during tax season or near businesses offering oil changes,” Muai said.
City leaders speak out
Pasco Councilman Leo Perales told the Tri-City Herald he’s never seen so many vendors in Pasco and said it is “not a good look” for the city.
Little is known about them because they do not need city business licenses but Perales believes they are working for a larger company because the fruit is in the same packaging and there are so many around town.
He maintains his key concern is safety — of both the customers who stop in their cars to buy fruit and the vendors selling at busy intersections.
Councilman Charles Grimm, who owns the Grocery Outlet store on Road 68 in Pasco, said he’s concerned the vendors are competing with local farmers and small grocers who sell fruit and similar produce.
Grimm also said he’s worried about health issues, including lack of bathrooms and hand washing stations, and safety in areas with high traffic.
The Pasco City Council asked City Attorney Eric Ferguson and city staff to look into if other regulations might apply to the produce vendors.
Pasco Mayor Pete Serrano invited the community to lobby legislators with their feedback about the state law.
Community concerns are mixed
Before the meeting, Perales had asked the public in a post on Nextdoor and Facebook whether the city should allow the vendors or try to shut them down.
Nearly 200 people responded.
Some said they liked the vendors because they create business.
Others shared similar concerns about possible food-borne illnesses carried by the produce and the increased traffic caused by vendors in the streets and on sidewalks.
Some thought the vendors were taking advantage of a loophole in the state law to operate without a license.
“I think it is unfair to have to jump through hoops to make a living just to have people sidestep the process and cut me out of a job because they have no overhead,” wrote one Pasco resident on Nextdoor.
Other commenters criticized Perales, saying that there are more important issues for the city to fix, like public safety issues caused by traffic and speeding.
They also pointed to the need for more job opportunities and low-income housing in Pasco.
Rules for Pasco food trucks
Last fall, Pasco expanded its rules for other types of mobile vendors and food trucks, making it easier to apply for permits and licenses.
The code says those mobile vendors cannot block traffic or sidewalks or sell in certain areas. The city can:
- Enforce a “pedestrian clear zone” that is at least three feet wide.
- Cite vendors if they operate in prohibited areas.
- Cite vendors if they block wheelchair ramps or business entrances.
Food trucks can’t set up in bus stops, loading zones or handicap parking spaces, within five feet of an alley or within 15 feet of a fire hydrant.
The idea to expand food truck operations in Pasco came out of the Downtown Pasco Master Plan, created by the community and economic development department.
The department’s new director, Haylie Miller, started working for the city at the end of April. Miller, who has family connections to Prosser and the Tri-Cities, served as the community development director for the city of Marysville for four years, and at the city of Ferndale for two years.
Her priorities are to support Pasco’s growth, streamline the city’s operations, including updating the online permit application process, and work on the city’s comprehensive plan for the next 20 years.
“The city wishes to support small vendors and local growers while making sure public safety and access are protected,” Miller said. “Our goal is to make the rules clear, easy to follow and fair for everyone.”
The city encourages those looking to sell fresh produce to reserve, instead, a space at the Pasco Farmers Market.
This story was originally published May 16, 2025 at 5:00 AM with the headline "Roadside fruit vendors are popping up on Tri-City corners. Are they legal?."
