Skip to content
The COVID Project
  1. Library
  2. Standing duties: Pennsylvania
  3. DUT-PA-013

Ex. DUT-PA-013 Standing duty Primary source read

Statute (Retail Food Facility Safety Act, 3 Pa.C.S. ch. 57, subch. A)

3 Pa.C.S. sec. 5708, Infectious persons

General Assembly of the Commonwealth of Pennsylvania · Pennsylvania (State)

The COVID Project

The record

Jurisdiction
Pennsylvania
Level
State
Authority
Police power of the Commonwealth
Issued
2010-11-23 Nov. 23, 2010
Effective
Standing law throughout 2020 and 2021 (read as 2010-11-23)
End
standing (read as 2021-09-30)
In force
Standing since Nov. 23, 2010 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • specified businesses: proprietors of retail food facilities (restaurants, bars serving food, grocery and convenience stores, institutional food service)
Character
sanitary code duty
Collection
Standing duties: Pennsylvania DUT-PA

Operative words

No proprietor shall allow any food employee to be in a retail food facility if that person has an infectious or communicable disease, as prohibited under the act of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease Prevention and Control Law of 1955, and its attendant regulations related to restrictions on food handlers.

Penalty

3 Pa.C.S. sec. 5714 (Ex. DUT-PA-017): summary offense, $100 to $300; third offense within two years a misdemeanor of the third degree; civil penalty up to $10,000 per offense; license suspension or revocation

What it required

Bound every restaurant, grocery, food-service and other retail food facility proprietor to exclude from the facility any food employee with an infectious or communicable disease, cross-referencing the Disease Prevention and Control Law and its regulations; the employee-screening and exclusion protocols of the Worker Safety and Mitigation Orders (PA-008, PA-022, PA-023) executed this standing duty for COVID-19.

Retrieval note

Official General Assembly section page rendered to PDF. The Department of Agriculture, which administers this subchapter, is named in the Governor's Nov. 23, 2020 order as an enforcing agency for restaurants (PA-023 sec. 13; the Department's inspection and warning-letter, citation and closure sequence is written into that section).