PRINTER'S NO. 3723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2492
Session of
2020
INTRODUCED BY MALAGARI, ULLMAN, SCHLOSSBERG, WILLIAMS, KINSEY,
WEBSTER, YOUNGBLOOD, KORTZ, DELLOSO, BRIGGS, McNEILL, HILL-
EVANS, DeLUCA, RAVENSTAHL, SANCHEZ, CIRESI, ROZZI, McCLINTON,
HOHENSTEIN, GALLOWAY, DONATUCCI, SIMS, READSHAW, ZABEL,
SCHWEYER, HANBIDGE, FRANKEL, MADDEN, PASHINSKI, BURGOS,
VITALI, MULLERY, HOWARD, FIEDLER, FREEMAN AND DRISCOLL,
MAY 12, 2020
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 12, 2020
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for pandemic of 2020 guidelines for food
establishments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 75
PANDEMIC OF 2020 GUIDELINES FOR FOOD ESTABLISHMENTS
Sec.
7501. Scope of chapter.
7502. Declaration of purposes.
7503. Definitions.
7504. Guidelines for social distancing.
7505. Guidelines for cleaning and personal hygiene.
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7506. Compensation and benefit policies.
7507. Guidelines for attendance policies.
7508. Guidelines for infected food employees.
7509. Guidelines for communication with food employees.
§ 7501. Scope of chapter.
This chapter relates to food establishments that operate
during the pandemic of 2020.
§ 7502. Declaration of purposes.
The General Assembly finds and declares as follows:
(1) On March 6, 2020, Governor Wolf declared a disaster
emergency throughout this Commonwealth in accordance with 35
Pa.C.S. § 7301(c) (relating to general authority of Governor)
as a result of the pandemic of 2020.
(2) On March 19, 2020, Governor Wolf issued an executive
order to close all non-life-sustaining businesses in this
Commonwealth to stop the spread of the coronavirus disease
(COVID-19) and combat the pandemic of 2020 as authorized
under section 5 of the act of April 23, 1956 (1955 P.L.1510,
No.500), known as the Disease Prevention and Control Law of
1955.
(3) In Governor Wolf's executive order on March 19,
2020, Governor Wolf specifically designated food
establishments as life-sustaining businesses that are allowed
to operate during the pandemic of 2020 to maintain the food
chain supply that nourishes and feeds the residents of this
Commonwealth.
(4) Consequently, food employees are essential employees
who are necessary to preserve the health and well being of
the residents of this Commonwealth during the pandemic of
2020.
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(5) Therefore, it is urgent that food establishments
implement procedures and safeguards to protect food employees
from being infected with the coronavirus disease (COVID-19).
§ 7503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Food employee." An employee who works for a food
establishment.
"Food establishment." A room, building or place or portion
thereof or vehicle maintained, used or operated for the purpose
of commercially storing, packaging, slaughtering, making,
cooking, mixing, processing, bottling, baking, canning,
freezing, packing or otherwise preparing, transporting or
handling food. The term excludes retail food facilities, retail
food establishments or public eating and drinking places.
"Health insurance policy." As follows:
(1) Any individual or group health, sickness or accident
policy, or subscriber contract or certificate offered, issued
or renewed by an entity subject to one of the following:
(i) The act of May 17, 1921 (P.L.682, No.284), known
as The Insurance Company Law of 1921.
(ii) The act of December 29, 1972 (P.L.1701,
No.364), known as the Health Maintenance Organization
Act.
(iii) 40 Pa.C.S. Ch. 61 (relating to hospital plan
corporations) or 63 (relating to professional health
services plan corporations).
(2) The term does not include accident only, fixed
indemnity, limited benefit, credit, dental, vision, specified
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disease, Medicare supplement, Civilian Health and Medical
Program of the Uniformed Services (CHAMPUS) supplement, long-
term care or disability income, workers' compensation or
automobile medical payment insurance.
"Pandemic of 2020." The coronavirus disease (COVID-19)
outbreak in this Commonwealth.
"Retail food establishment." As defined in section 5702
(relating to definitions).
"Retail food facility." As defined in section 5702 (relating
to definitions).
"Social distancing." A deliberate measure to increase the
physical space between individuals to avoid spreading the
coronavirus disease (COVID-19).
§ 7504. Guidelines for social distancing.
In order to ensure that food employees are practicing social
distancing, the department, in conjunction with the Department
of Health, shall develop guidelines to recommend that an owner
of a food establishment take all of the following actions during
the pandemic of 2020:
(1) Make more space available where food employees can
take their work breaks and meal periods, including making
available conference or training rooms or establishing other
temporary accommodations such as heating tents.
(2) Adjust work break time periods to reduce the number
of food employees who are on break at any given time.
(3) Stagger start times for food employees to mitigate
the exposure of food employees to large groups of other food
employees without the use of any time or attendance tracking
devices.
(4) Conduct training sessions and meetings with smaller
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groups of food employees or online if access is available.
(5) Limit the number of visitors who are allowed access
to the food establishment, including limiting access to only
third-party providers and contractors until further notice.
(6) Implement self-screening procedures for all visitors
at the entrance of the food establishment, including
inquiries about past travel history and current health
status.
(7) Refrain from utilizing temporary food employees
interchangeably between various work sites.
(8) Screen temporary employees for the coronavirus
disease (COVID-19).
(9) Use temporary employees at the food establishment for
designated time periods of no less than two weeks.
§ 7505. Guidelines for cleaning and personal hygiene.
(a) Required cleaning.--The department, in conjunction with
the Department of Health, shall develop guidelines to recommend
that an owner of a food establishment take all of the following
actions during the pandemic of 2020:
(1) Increase the level of cleaning at the food
establishment's facilities, including frequently disinfecting
high-use ares and surfaces.
(2) Immediately clean break rooms, locker rooms and
common areas after use by food employees.
(3) Limit the number of food employees who are allowed
in a locker room during any given time.
(b) Personal hygiene.--The department, in conjunction with
the Department of Health, shall develop guidelines to recommend
that an owner of a food establishment take all of the following
actions:
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(1) Make available sanitizers and other disinfectant
wipes in common areas and work areas within the food
establishment.
(2) Provide ample time for food employees to wash and
sanitize their hands.
§ 7506. Compensation and benefit policies.
The department, in conjunction with the Department of Labor
and Industry, shall develop guidelines to recommend that an
owner of a food establishment take all of the following actions
during the pandemic of 2020:
(1) Notwithstanding the compensation requirements under
Article IV of the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment Compensation Law,
provide compensation, at the regular rate of pay, to food
employees who have been infected with the coronavirus disease
(COVID-19) and are unable to perform work functions or are
otherwise subject to quarantine.
(2) Maintain the health insurance policy and other
employee-related benefits of food employees who have been
infected with the coronavirus disease (COVID-19) and are
unable to perform work functions or are otherwise subject to
quarantine.
(3) In the case of food employees who are eligible for
compensation for a temporary disability under the act of June
2, 1915 (P.L.736, No.338), known as the Workers' Compensation
Act, waive any waiting period requirements for food employees
who have been infected with the coronavirus disease (COVID-
19) and are unable to perform work functions or are otherwise
subject to quarantine.
§ 7507. Guidelines for attendance policies.
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The department, in conjunction with the Department of Labor
and Industry, shall develop guidelines to recommend that an
owner of a food establishment take all of the following actions
during the pandemic of 2020:
(1) Suspend attendance policies for food employees
regarding any coronavirus disease (COVID-19) or quarantine
incident, regardless of whether or not the absence of any
food employee is mandated by a medical professional.
(2) In the case of food employees who are required to
provide care for a family member or need to address childcare
issues, refrain from penalizing food employees and allow the
use of any available personal paid time off or provide an
unpaid leave of absence if no personal paid time off is
available.
§ 7508. Guidelines for infected food employees.
The department, in conjunction with the Department of Labor
and Industry, shall develop guidelines to recommend that an
owner of a food establishment take all of the following actions
if a food employee has been infected with the coronavirus
disease (COVID-19) or is otherwise subject to quarantine during
the pandemic of 2020:
(1) If the infected food employee has been on the
premises of the food establishment, immediately clean the
area where the food employee was performing work functions
and send any food employee home who worked in the same area.
(2) Provide compensation to any food employee who worked
in the same area as the infected food employee at the regular
rate of pay for a time period of no less than 14 days from
the date the food employee was sent home.
§ 7509. Guidelines for communication with food employes.
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The department, in conjunction with the Department of Labor
and Industry, shall develop guidelines to recommend that an
owner of a food establishment communicate with each food
employee, in writing or verbally in any applicable language, to
ensure each food employee understands the food establishment's
protocols to address the pandemic of 2020.
Section 2. This act shall take effect immediately.
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