Pennsylvania § 7364 Selling or otherwise dealing in fresh meats, produce and groceries

Pennsylvania Statutes

§ 7364 — Selling or otherwise dealing in fresh meats, produce and groceries

Pennsylvania·Title 18 CRIMES AND OFFENSES·Part PART II·Ch. 73 TRADE AND COMMERCE·Subch. SUNDAY TRADING

(a)Offense defined.--A person is guilty of a summary offense if he engages in the business of selling or otherwise dealing at retail in fresh meats, produce and groceries on Sunday.

(b)Separate offenses.--Each separate sale, or offer to sell, shall constitute a separate offense.

(c)Exceptions.--Subsection (a) of this section shall not apply to any retail establishment:

(1)employing less than ten persons;

(2)where fresh meats, produce and groceries are offered so sold by the proprietor or members of his immediate family; or

(3)where food is prepared on the premises for human consumption.

(d)Limitation of action.--Information charging violations of this section shall be brought within 72 hours after the commission of the alleged offense and not thereafter.

(e)Repeated offense

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(a) Offense defined.--A person is guilty of a summary offense if he engages in the business of selling or otherwise dealing at retail in fresh meats, produce and groceries on Sunday.

(b) Separate offenses.--Each separate sale, or offer to sell, shall constitute a separate offense.

(c) Exceptions.--Subsection (a) of this section shall not apply to any retail establishment:

(1) employing less than ten persons;

(2) where fresh meats, produce and groceries are offered so sold by the proprietor or members of his immediate family; or

(3) where food is prepared on the premises for human consumption.

(d) Limitation of action.--Information charging violations of this section shall be brought within 72 hours after the commission of the alleged offense and not thereafter.

(e) Repeated offense penalty.--A person who commits a second or any subsequent offense within one year after conviction for the first offense shall be sentenced to pay a fine not exceeding $200.

Pennsylvania § 7364 (Selling or otherwise dealing in fresh meats, produce and groceries) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Constitutionality.Section 7364 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).