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COMMONWEALTH EX REL. ALLEGHENY COUNTY v. SHENOT (03/24/66)

decided: March 24, 1966.

COMMONWEALTH EX REL. ALLEGHENY COUNTY
v.
SHENOT, APPELLANT



Appeal from order of County Court of Allegheny County, No. C 1474 of 1964, in case of Commonwealth ex rel. County of Allegheny v. J. W. Shenot.

COUNSEL

Leonard A. Mazer, for appellant.

Francis A. Barry, First Assistant County Solicitor, with him James Victor Voss, Assistant County Solicitor, and Maurice Louik, County Solicitor, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Jacobs, J. Wright, J., would affirm on the opinion of the court below.

Author: Jacobs

[ 207 Pa. Super. Page 353]

On May 4, 1964, an employee of the Milk Division of the Allegheny County Health Department purchased one gallon of unpasteurized milk from appellant at his farm in Wexford, Allegheny County. The employee supplied his own container and paid sixty-four cents for the gallon. Appellant had been operating the farm for many years and sold from 50 to 200 gallons of unpasteurized milk a week to consumers who supplied their own containers. On August 5, 1964 an alderman found appellant guilty of violating two of the Rules and Regulations of the Allegheny County Health Department by (1) offering milk for sale for direct human consumption in Allegheny County without a county permit and (2) offering unpasteurized milk for sale for direct human consumption in Allegheny County. He was fined $100 for each violation and ordered to pay the costs of prosecution. An appeal was taken to the County Court of Allegheny County.

On February 10, 1965 after a hearing before Judge McCarthy, appellant was found guilty of both counts and his fine was reduced to $50 on each count.

In this appeal appellant challenges the constitutionality of the following two regulations for violations of which he was convicted:

"504. Permits

A. Issuance. Only persons who comply with the requirements of these Rules and Regulations of the Health Department of Allegheny County and the laws of the Commonwealth of Pennsylvania, pertaining to the sanitation of milk and milk products shall be entitled to receive and retain a permit. It shall be unlawful for any operator of a milk plant, milk distributor, milk hauler or any other person who does not possess a permit from the Director, to bring into, send into, or receive in the County of Allegheny, or to sell therein, any milk or milk products . . .

[ 207 Pa. Super. Page 354505]

. Only Pasteurized Milk or Milk Products May Be Sold For Human Consumption. It is unlawful for any person to sell milk or milk products in the County of Allegheny unless pasteurized in accordance with these Rules and Regulations, ...


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