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A05332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2435
Session of
2020
INTRODUCED BY KOSIEROWSKI, ULLMAN, DRISCOLL, FLYNN, PASHINSKI,
WILLIAMS, SCHWEYER, FREEMAN, KENYATTA, GALLOWAY, HOWARD,
SANCHEZ, DERMODY, FRANKEL, CIRESI, MADDEN AND MALAGARI,
APRIL 24, 2020
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 24, 2020
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for Food Establishment Personal
Protective Equipment Reimbursement Grant Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part IX of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 112
FOOD ESTABLISHMENT PERSONAL PROTECTIVE
EQUIPMENT REIMBURSEMENT GRANT PROGRAM
FOOD ESTABLISHMENT
PANDEMIC DISEASE REMEDIATION COST
REIMBURSEMENT GRANT PROGRAM
Sec.
11201. Scope of chapter.
11202. Legislative intent.
11203. Definitions.
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11204. Program.
11205. Application and award process.
11206. Funding.
§ 11201. Scope of chapter.
This chapter establishes the Food Establishment Personal
Protective Equipment Pandemic Disease Remediation Cost
Reimbursement Grant Program.
§ 11202. Legislative intent.
It is the intent of the General Assembly to establish a
reimbursement grant program under which food establishments may
obtain reimbursement of some portion of the costs incurred in
purchasing personal protective equipment for use by its
employees. for pandemic disease remediation costs.
§ 11203. 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:
"Eligible PPE costs." Costs that are both:
(1) incurred by a food establishment in purchasing PPE
for use by its employees; and
(2) paid by the applicant food establishment during the
period specified in the standards and requirements for the
program as published by the department.
"Eligible pandemic disease remediation cost." A cost that is
incurred by a food establishment during the period specified in
the standards and requirements for the program as published by
the department.
"Food establishment." As defined in section 5722 (relating
to definitions) . and a food establishment that has a permit
under the act of July 2, 1935 (P.L.589, No.210), referred to as
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the Milk Sanitation Law.
"Food Safety Act." Subchapter B of Chapter 57 (relating to
food safety).
"Pandemic disease." A disease that actively spreads over a
wide geographic area and affects a whole country or the whole
world.
"Pandemic disease remediation cost." A cost incurred by a
food establishment to prevent, detect, contain or eliminate a
pandemic disease among its employees and other persons on the
premises of the food establishment. A cost may include, but is
not limited to:
(1) The cost of personal protective equipment.
(2) The cost of installing physical barriers to lessen
the chance of pandemic disease transmission among employees
and persons on the premises of the food establishment.
(3) The cost of testing thermometers, pandemic disease
tests for employees of the food establishment, acquisition
and administration of a federally approved pandemic disease
vaccine to employees, and other medical equipment expenses
reasonably related to preventing, detecting, containing or
eliminating a pandemic disease among employees.
(4) The cost of medical personnel to provide pandemic
disease-related medical services to food establishment
employees on the premises of the food establishment.
(5) The cost of acquiring sanitizers, chemicals and
equipment, to the extent this cost exceeds the normal cost
outlay of the food establishment for these items prior to the
prevalence of a pandemic disease.
(6) Such other related costs identified by the
department in the published standards and requirements for
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the program as described in section 11204 (relating to
program).
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Personal protective equipment" or "PPE." Gloves,
respirators, face masks, gowns, face shields and other
protective equipment designed to be worn by individuals to
prevent or contain contact with, or to prevent transmission of,
a communicable illness or the pathogens that cause communicable
illness.
"Program." The Food Establishment Personal Protective
Equipment Pandemic Disease Remediation Cost Reimbursement Grant
Program established under section 11204 (relating to program).
§ 11204. Program.
(a) Availability.--Grants under this chapter shall only be
offered in a fiscal year in which funding is made available to
the department. The following apply:
(1) If funding is exhausted or otherwise unavailable,
the department shall be under no obligation to provide grants
under this chapter.
(2) The standards and requirements for the program shall
be established by order of the secretary. The secretary shall
transmit this order to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(3) Grant money may be prorated or offered as a
percentage of actual costs, as determined by the department,
and set forth in the order under paragraph (2), to spread
distribute available money to a larger number of grant
recipients.
(4) The standards and requirements for the program shall
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specify a period of time within which a food establishment
incurs a pandemic disease remediation cost to be eligible for
reimbursement under the program.
(b) Grant limitations.--In addition to any limitation placed
upon grants in the published standards and requirements for the
program referenced under subsection (a)(2), the following shall
apply:
(1) Grant funds shall only be used to reimburse eligible
PPE costs an eligible pandemic disease remediation cost . The
amount of reimbursement shall be based on eligible PPE costs
an eligible pandemic disease remediation cost, or portion of
the cost, incurred by an approved applicant during any fiscal
year , or portion of the costs, in which grants are offered.
(2) Grant reimbursement money shall not exceed the
lesser of 50% of the eligible PPE purchase costs pandemic
disease remediation cost or a lower amount consistent with
the published standards and requirements for the program
described in subsection (a).
(3) Grant money may not be used to reimburse any portion
of the eligible PPE costs which are pandemic disease
remediation cost which is being paid or reimbursed under
another Federal or State grant program.
(c) Eligible food establishments.--A food establishment that
is registered with the department in accordance with the Food
Safety Act or is inspected by the Food Safety Inspection Service
of the United States Department of Agriculture is eligible to
apply for a grant under the program.
§ 11205. Application and award process.
(a) Application procedure.--A food establishment that
desires to receive a program grant shall submit a grant
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application on a form provided by the department, unless
otherwise prescribed in the published standards and requirements
for the program described in section 11204 (relating to
program). The department may, in the referenced standards and
requirements, require that all applicants submit applications
via an online application system and provide the details of this
online application process.
(b) Application contents.--The application shall contain the
following information and other information as required by the
department:
(1) The applicant's name, business address and contact
information.
(2) A detailed statement of the PPE costs a pandemic
disease remediation cost , which must include copies of paid
invoices clearly identifying the items purchased in enough
detail to demonstrate the items are PPE a pandemic disease
remediation cost .
(3) Other information as the department may reasonably
require.
(c) Grant awards.--The department shall award grants to
applicants in accordance with this chapter and the applicable
program standards and requirements.
§ 11206. Funding.
The department shall use money as appropriated by the General
Assembly for grants under this chapter and may also use any
other money that is made available to the department for grants
under this chapter, by Federal appropriation, State
appropriation, donation or from any other source.
Section 2. This act shall take effect immediately.
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