Mar 20, 2020

Pennsylvania closes non-life sustaining businesses; specialty crop operations exempt

Pennsylvania Gov. Tom Wolf on March 19 ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations as of 8 p.m., March 19, to slow the spread of COVID-19. Enforcement actions against businesses that do not close physical locations will begin at 12:01 a.m. Saturday, March 21.

Gov. Wolf’s order is here.
A video statement from Gov. Wolf is here.
Sec. of Health’s order is here.
A list of life-sustaining businesses is here.

Most agricultural businesses are deemed life-sustaining. That includes grain and other crop farming,livestock and poultry production, vegetable farming, fruit and tree nut farming, greenhouses and nurseries, fishing, hunting and trapping and food and grain manufacturing. Support activities for those businesses are also considered life-sustaining.

Oil and gas extraction is OK to continue, but not coal mining or other types of mining.

Forestry, logging, timber tract operations were not considered to be life-sustaining; neither are fiber or textile mills or wood product manufacturing.

The full list of businesses can be found here.

Earlier in the week, Wolf asked all non-essential businesses to close, but said he was not enforcing the request at that point. Restaurants and bars were required to stop dine-in services, but can still offer carryout, delivery and drive-through services.

Pennsylvania reported its first death related to COVID-19, an adult from Northampton County, on March 18.

The governor is granted these “extraordinary powers” after declaring a disaster emergency on March 6, according to the press release from the governor’s office.

Wolf directed the Department of Agriculture, Pennsylvania Liquor Control Board, Department of Health, Pennsylvania State Police and other local officials and agencies to enforce the order.

Those who do not comply may lose state loans or grant funding and forfeit their ability to receive disaster relief. They also may face criminal charges.

In extenuating circumstances, special exemptions will be granted to businesses that are supplying or servicing health care providers.

“To protect the health and safety of all Pennsylvanians, we need to take more aggressive mitigation actions,” said Gov. Wolf. “This virus is an invisible danger that could be present everywhere. We need to act with the strength we use against any other severe threat. And, we need to act now before the illness spreads more widely.”

The governor had previously encouraged non-life-sustaining businesses to close to mitigate the spread of COVID-19. Restaurants and bars were already required to stop all dine-in services. Enforcement for establishments with a liquor license began at 8 p.m. March 18, and enforcement for all other food establishments will begin at 8 p.m. tonight. Food establishments can offer carry-out, delivery, and drive-through food and beverage service, including alcohol.

Pursuant to the Emergency Management Services Code, the governor is granted extraordinary powers upon his declaration of a disaster emergency, such as COVID-19. Among these powers, the governor may control the ingress and egress into the disaster area, the movement of persons, and the occupancy of premises within the disaster area, which has been established to be the entire commonwealth for the COVID-19 disaster emergency. The secretary of health separately is authorized under the law to employ measures necessary for the prevention and suppression of disease.

Separately, and taken together, the administration is exercising these powers to temporarily close all non-life-sustaining businesses and dine-in facilities at all restaurants and bars across the commonwealth. Persons must be removed from these premises to cope with the COVID-19 disaster emergency.

Failure to Comply and Enforcement

Failure to comply with these requirements will result in enforcement action that could include citations, fines, or license suspensions.

The governor has directed the following state agencies and local officials to enforce the closure orders to the full extent of the law:

• Pennsylvania Liquor Control Board
• Department of Health
• Department of Agriculture
• Pennsylvania State Police
• Local officials, using their resources to enforce closure orders within their jurisdictions

Private businesses, local organizations and other noncompliant entities that fail or refuse to comply with the governor’s orders that protect the lives and health of Pennsylvanians will forfeit their ability to receive any applicable disaster relief and/or may be subject to other appropriate administrative action. Such action may include termination of state loan or grant funding, including Redevelopment Assistance Capital Project (RACP) grant funding and/or suspension or revocation of licensure for violation of the law.

Finally, in addition to any other criminal charges that might be applicable, the Department of Health is authorized to prosecute noncompliant entities for the failure to comply with health laws, including quarantine, isolation or other disease control measures. Violators are subject to fines or imprisonment.

Business Loans and Support

The Department of Community and Economic Development (DCED) offers working capital loans that could be of assistance to businesses impacted by COVID-19. Resources and information will be posted to http://dced.pa.gov/resources as they become available. The U.S. Small Business Administration, in addition to local funding partners, may also be a source of assistance for affected businesses.

The Wolf Administration today announced the availability of low-interest loans for small businesses and eligible non-profits in all 67 counties in Pennsylvania through the U.S. Small Business Administration (SBA).

Businesses seeking guidance from DCED can also contact its customer service resource account at [email protected] or by calling 1-877-PA-HEALTH and selecting option 1.

For the most up-to-date information on COVID-19, Pennsylvanians should visit: https://www.pa.gov/guides/responding-to-covid-19/.

Pennsylvania Gov. Tom Wolf on March 19 ordered all non-life-sustaining businesses in Pennsylvania to close their physical locations as of 8 p.m., March 19. Photo: Pennsylvania Governor’s Office