PRINTER'S NO. 1683
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1550
Session of
2021
INTRODUCED BY HARKINS, FREEMAN, SCHLOSSBERG, SANCHEZ,
HOHENSTEIN, DRISCOLL, MALAGARI, JOZWIAK, BURGOS, CIRESI,
HOWARD, MERSKI, SAMUELSON, GALLOWAY, DEASY AND NEILSON,
JUNE 7, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JUNE 7, 2021
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for guidelines for grocery stores during
COVID-19 disaster emergency.
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 73
GUIDELINES FOR GROCERY STORES
DURING COVID-19 DISASTER EMERGENCY
Sec.
7301. Scope of chapter.
7302. Definitions.
7303. Guidelines for social distancing.
7304. Guidelines for cleaning and personal hygiene.
7305. Compensation and benefit policies.
7306. Guidelines for attendance policies.
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7307. Guidelines for infected employees.
§ 7301. Scope of chapter.
This chapter relates to grocery stores that operate during
the COVID-19 disaster emergency.
§ 7302. 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:
"COVID-19 disaster emergency." The duration of the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020) and
any renewal of the state of disaster emergency.
"Customer." An individual who purchases food, food products
or supplies from a grocery store.
"Grocery store." A retail establishment, commonly known as a
grocery store, supermarket or delicatessen, where food, food
products and supplies are sold for human consumption off the
premises.
"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).
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(2) The term does not include accident only, fixed
indemnity, limited benefit, credit, dental, vision, specified
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.
"Social distancing." A deliberate measure to increase the
physical space between individuals to avoid spreading the
coronavirus disease (COVID-19).
§ 7303. Guidelines for social distancing.
In order to ensure that grocery store employees and customers
are practicing social distancing, the department, in conjunction
with the Department of Health, shall develop guidelines to
recommend that an owner of a grocery store take all of the
following actions during the COVID-19 disaster emergency:
(1) Place floor markings to indicate where customers
should stand to put distance between each customer while they
stand in the checkout line.
(2) Place floor markings to indicate that customers
should stand behind the checkout area until it is time to
complete a transaction.
(3) Install plexiglass shields at each cash register and
any other area where customers are allowed to checkout.
(4) Establish limits on the amount of customers in the
grocery store at one time.
(5) Implement line control procedures indoors and
outdoors with appropriate spacing between each customer.
(6) Waive curbside and in-store pickup fees to avoid
crowds gathering inside the grocery store.
(7) Designate specific times for high-risk and senior
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customers to shop at the grocery store.
§ 7304. 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 grocery store take all of the following
actions during the COVID-19 disaster emergency:
(1) Reduce the hours of operation for the grocery store
for the purpose of restocking, cleaning and disinfecting the
grocery store.
(2) Allow only one-half of the available cash registers
to be used at one time to provide space in between cash
registers.
(3) Require each cashier to switch to another cash
register every hour to allow the previously used cash
registers to be sanitized.
(b) Personal hygiene.--The department, in conjunction with
the Department of Health, shall develop guidelines to recommend
that an owner of a grocery store take all of the following
actions:
(1) Assign grocery store employees to substitute for
cashiers to allow cashiers to wash their hands with soap and
water for 20 seconds.
(2) Provide hand lotion to grocery store employees to
ensure that their hands do not crack as a result of hand
washing.
(3) Make hand sanitizer readily available for grocery
store employees.
(4) Schedule cashier station sanitation breaks.
(5) Assign grocery store employees to rotate through the
grocery store and sanitize frequently touched surfaces,
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including credit card and debit card payment screens.
(6) Assign grocery store employees to wipe down shopping
carts and hand baskets on a regular basis.
(7) Reduce the handling of paper coupons.
(8) Prohibit the use of reusable shopping bags for any
purpose.
(9) Encourage the use of credit cards and debit cards
instead of cash.
§ 7305. Compensation and benefit policies.
The department, in conjunction with the Department of Labor,
shall develop guidelines to recommend that an owner of a grocery
store take all of the following actions during the COVID-19
disaster emergency:
(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 grocery
store employees who have been infected with the coronavirus
disease (COVID-19) and are unable to perform work functions
or are otherwise subject to quarantine during the COVID-19
disaster emergency as the regular rate of pay.
(2) Maintain the health insurance policy and other
employee-related benefits of grocery store employees who have
been infected with the coronavirus disease (COVID-19) and are
unable to perform work functions or are otherwise subject to
quarantine during the COVID-19 disaster emergency.
(3) In the case of grocery store 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
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requirements for the grocery store employees who have been
infected with the coronavirus disease (COVID-19) and are
unable to perform work functions or are otherwise subject to
quarantine during the COVID-19 disaster emergency.
§ 7306. Guidelines for attendance policies.
The department, in conjunction with the Department of Labor,
shall develop guidelines to recommend that an owner of a grocery
store take all of the following actions during the COVID-19
disaster emergency:
(1) Suspend attendance policies for grocery store
employees regarding any coronavirus disease (COVID-19) or
quarantine incident during the COVID-19 disaster emergency,
regardless of whether or not the absence of any grocery store
employee is mandated by a medical professional.
(2) In the case of grocery store employees who are
required to provide care for a family member or need to
address child-care issues during the COVID-19 disaster
emergency, refrain from penalizing the grocery store
employees who utilize personal paid time off or take an
unpaid leave of absence.
§ 7307. Guidelines for infected employees.
The department, in conjunction with the Department of Labor,
shall develop guidelines to recommend that an owner of a grocery
store take all of the following actions if a grocery store
employee has been infected with coronavirus disease (COVID-19)
or is otherwise subject to quarantine during the COVID-19
disaster emergency:
(1) If the infected grocery store employee has been on
the premises of the grocery store, immediately clean the area
where the grocery store employee was performing work
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functions and send any grocery store employee home who worked
in the same area.
(2) Provide compensation to a grocery store employee who
worked in the same area as the infected grocery store
employee at the regular rate of pay for a period of no less
than 14 days from the date the grocery store employee was
sent home.
Section 2. This act shall take effect immediately.
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