Tid Bit Alley, Inc. v. ERIE CO. DEPT. OF H.

Opinion by Judge Craig,

Tid Bit Alley, Inc. here appeals an order of the Court of Common Pleas of Erie County which (1) up held the validity of the procedure by which the Erie County Department of Health (ECDH) had allegedly adopted a state regulation of the Pennsylvania Department of Environmental Resources (DER), controlling the retail sale of bulk food, as its own local regulation, and (2) alternatively upheld ECDHs power to enforce the state regulation as such, in accordance with its literal terms. 1 The appeal also involves the trial courts categorization of Tid Bit Alleys bulk food sale…