“The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) agricultural produce; (2) meat and fish products; and (3) perishable foods.
The drivers said without the Oxford comma, the statute excluded only packing — whether it was for shipment or distribution. The dairy argued the spirit of the law intended “packing for shipment” and “distribution” to be two separate exempted activities.
Without the comma, it made it read like “packing for shipment and distribution” look like one activity, when in fact it was two.
It should have been written; “packing for shipment, or distribution”. That makes it clear it is two activities.
The lack of the comma after the word “shipment” made all the difference.
Those bullet points replace commas in that sense.
Honestly, most people can make out what is meant, but I suppose for important issues clarity is necessary.