(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).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 73 - Trade and Commerce
Section 7301 - Distribution of samples of medicine, dyes, etc
Section 7302 - Sale and labeling of solidified alcohol
Section 7303 - Sale or illegal use of certain solvents and noxious substances
Section 7304 - Illegal sale or use of certain fire extinguishers
Section 7305 - Sale of gasoline in glass container
Section 7306 - Incendiary devices
Section 7307 - Out-of-state convict made goods
Section 7308 - Unlawful advertising of insurance business
Section 7309 - Unlawful coercion in contracting insurance
Section 7310 - Furnishing free insurance as inducement for purchases
Section 7311 - Unlawful collection agency practices
Section 7314 - Fraudulent traffic in Supplemental Nutrition Assistance Program (SNAP) benefits
Section 7315 - Unauthorized disposition of donated food commodities
Section 7316 - Keeping bucket-shop
Section 7317 - Accessories in conduct of bucket-shop
Section 7318 - Maintaining of premises in which bucket-shop operated
Section 7319 - Bucket-shop contracts
Section 7320 - Attaching advertisement without consent of publisher
Section 7321 - Lie detector tests
Section 7322 - Demanding property to secure employment
Section 7323 - Discrimination on account of uniform
Section 7324 - Unlawful sale of dissertations, theses and term papers
Section 7325 - Discrimination on account of service, guide or support dog or other aid animal
Section 7326 - Disclosure of confidential tax information
Section 7327 - Storage, consumption and sale of alcoholic beverages on unlicensed business premises
Section 7328 - Operation of certain establishments prohibited without local option
Section 7329 - Prohibition of certain types of entertainment on bottle club premises
Section 7330 - Internet child pornography (Repealed)
Section 7331 - Unlicensed mortgage loan business
Section 7361 - Worldly employment or business
Section 7362 - Trading in motor vehicles and trailers (Repealed)
Section 7363 - Selling certain personal property
Section 7364 - Selling or otherwise dealing in fresh meats, produce and groceries