Comment by peri-cl

7 hours ago

I recall reading there were zoning laws in the classical era about where you could manufacture garum (the Roman fermented fish condiment). Here's one attributable example I could find, from the tail end of the Eastern empire. This is 2.4.22 in the Hexabiblos (1344–1345) ["–" sic] of the Byzantine jurist, Constantine Harmenopoulos of Thessalonica; it legislates a ~450–600-meter exclusion zone (three stadia).

The archive.org page I linked is in Byzantine Greek with a Latin translation. I've quoted the Greek part here, and I used Deepseek V4 Flash for OCR-cleanup and machine translation.

https://en.wikipedia.org/wiki/Constantine_Harmenopoulos

https://archive.org/details/constharmenopul00heimgoog/page/2... ("Ἐπαρχιχὸν ΠΕΡῚ ΓΑΡΕΨΩΝ" / "Edictum DE GARI COCTORIBUS")

> "22. Ἡ τέχνη τῶν γαρεψῶν καὶ ἡ τῶν τυροποιῶν οὐ τὴν τυχοῦσαν ποιεῖ τοῖς παρακειμένοις βλάβην· πολλὴ γὰρ ἡ ἀπ᾽ αὐτῆς ἀτμὶς δυσώδης τε ἀμέτρως ἐστὶ καὶ ἐπιβλαβὴς ἐπὶ πολὺ διάστημα. Ὅθεν χρὴ τοὺς τοιούτους ἅπασαν μὲν πόλιν μὴ οἰκεῖν μηδὲ κώμην. Εἰ δὲ χρεία τούτων εἴη πρὸς τὰς χρήσεις τῶν πόλεων καὶ τῶν κωμῶν, ἀφεστάναι στάδια τούτους δεῖ τρία. Εἰδέναι δὲ χρὴ ὡς ταῦτα πάντα τὰ προειρημένα ἐπὶ τῶν ἐκ νέου κατασκευαζόντων εἴρηται· εἰ δὲ χάρται εἰσὶ παλαιοὶ ἢ καὶ δουλεία τις προλαβοῦσα, κεχρῆσθαι δεῖ τοῖς ἐξ ἀρχῆς περὶ αὐτῶν συμπεφωνημένοις."

> "The craft of the salt‑fish merchants and that of the cheesemakers causes no ordinary harm to those nearby; for the vapour arising from it is exceedingly foul‑smelling and harmful over a great distance. Hence such persons ought not to dwell in any city or village. But if there should be need of them for the uses of the cities and villages, they must keep a distance of three stades [~555 m]. And it must be known that all these aforestated things have been said concerning those who set up (such establishments) anew; but if there exist old charters or some prior servitude (i.e., an established legal right or prescriptive practice), one must abide by what was originally agreed concerning them."

Why would cheesemakers be smelly?

  • Stinky cheeses have largely disappeared from the zeitgeist, but were used to be much more common (see, for example, the Pepe Le Pew cartoon from the 40s where his would-be paramour locks herself in a Limburger cheese factory gaining a stench that puts the amorous skunk in flight).

    • I just asked AI about this, wondering if the Romans were making stinky Limburger-style cheeses, and apparently not... there is a known roman legal case complaining about the smoke from making smoke-cured cheeses, and one might infer that spoilable byproducts such as whey might not add to the aroma of a cheesemaker!

> causes no ordinary harm to those nearby

I don't see what's the big deal. If it causes no harm, why have any regulation?

  • It states that it causes no ordinary harm, implying it causes extra ordinary harm, I.e. incredible harm.

  • Think of a merchant trying to convince you that "this is no ordinary watch". That sort of "no ordinary".