7364 - Selling or otherwise dealing in fresh meats, produce and groceries. - Pennsylvania Statutes

§ 7364. Selling or otherwise dealing in fresh meats, produce and groceries. (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. 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).