[Fredslist] “Interim Guidance for Retail Grocery Stores During the COVID-19 Public Health Emergency

Corey Bearak bearak at me.com
Tue Apr 21 12:55:05 UTC 2020 


The New York State Department of Agriculture and Markets has issued revised guidance for grocery store procedures during the COVID-19 public health emergency. See below.
“Interim Guidance for Retail Grocery Stores During the COVID-19 Public Health Emergency,” from the New York State Department of Agriculture and Markets.

.


ANDREW M. CUOMO RICHARD A. BALL

Governor

Purpose

Commissioner

INTERIM GUIDANCE FOR RETAIL GROCERY STORES DURING THE COVID-19 PUBLIC HEALTH EMERGENCY Revised April 19, 2020


This guidance was created to provide owners/operators of retail grocery stores and customers with precautions to help protect New York’s vulnerable populations during this public health emergency and to clarify social distancing in retail grocery store settings.

For the purpose of this guidance, retail grocery stores shall include but are not limited to supermarkets, bodegas, bakeries, specialty markets, superstores offering groceries, and warehouse clubs.

Background

On March 7, 2020, Governor Andrew M. Cuomo issued Executive Order 202, declaring a state of emergency in response to COVID-19. Community transmission of COVID-19 has occurred throughoutNewYork. Tominimizefurtherspread,socialdistancingofatleast6feetmustbe maintained between individuals, where possible.

On March 20, 2020, Governor Cuomo also announced “Matilda’s Law,” which is a series of recommendations to protect New York’s most vulnerable populations, including individuals who are 70 years of age or older, those with compromised immune systems, and those with underlyingillnesses,fromcontractingCOVID-19. TheseNewYorkersshouldstayhomeand limit visitation to immediate family members or close friends who are in need of assistance.

Guidance Impacting the General Public

Retail grocery stores should allow only seniors and people with compromised immune systems to shop between the hours of 6:00 am and 8:00 am, during the first hour when the store opens, or prior to opening the store to the general public, if possible.

Additionally, retail grocery stores should follow and use the guidance set forth by Governor Andrew M. Cuomo, the Department of Agriculture and Markets, and the Department of Health (DOH), including “Interim Guidance for Cleaning and Disinfection of Food Manufacturing Facilities or Food Retail Stores for COVID-19” and the “STOP THE SPREAD” poster.

Retail grocery stores should post the following, or similar, at the entrances of each of their retail stores:

*** NOTICE TO ALL CUSTOMERS ***
IN RESPONSE TO THE COVID-19 PUBLIC HEALTH EMERGENCY

SENIORS AND

To help prevent spread of COVID-19, procedures and supplies should be in place and available to encourage proper hand and respiratory hygiene, as well as routine cleaning and disinfection of high-risk locations (e.g., restrooms, entrances, exits, point of sale terminals, etc.) , at all retail grocery stores. Procedures should be in place to sanitize frequent touchpoints throughout the day, including point of sale terminals at registers.

     
IMMUNOCOMPROMISED PEOPLE ARE ADVISED TO SHOP

  
BETWEEN THE HOURS OF 6:00AM AND 8:00AM,


DURING THE FIRST HOUR OF OPERATION, OR


PRIOR TO THE STORE OPENING TO THE GENERAL PUBLIC

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Signage promoting social distancing and good hygiene should be posted in a conspicuous place and all employees should be reminded of the protocols set forth in the State’s Retail Food Store Guidance.

Guidance Impacting the Owners/Operators of Retail Grocery Stores

Retail grocery stores should also implement the following in-store safety measures:

Promote a 6-foot social distance for employees and customers, wherever possible. Retail grocery stores should consider using an indicator, such as a floor marker, in the check-out line or in any location where customers may congregate (e.g. the deli line, the meat or fish counter, etc.), to depict where customers should stand to maintain a 6 foot distance between one another. Retail grocery stores may also consider promoting one-way directional signs through the aisles to prevent overcrowding.

Retail grocery stores should strive to minimize the touch points on retail products and customers should be encouraged to bag their own purchases, if possible.

Seek to limit the number of customers in the store, at any given time, to 50% of the store’s capacity, inclusive of employees.

Provide disinfecting wipes at points of entrance for customers to disinfect carts, at cash registers, and/or other appropriate locations, as practicable.

Ensure hot or cold pre-prepared food is available for delivery or take-out only.

Eliminate any free open samples or tasting, including deli slices or prepared food.

Clearly post signs outside and inside the store to remind people to:

o Wearfacecoveringswhileinthestore.
o Haveonefamilymembershopatatime,ifpossible.
o Properlydiscardpersonalprotectiveequipment. Donotleaveitinthestores

or shopping carts.
o Adheretolimitationsplacedonthenumberofpeopleallowedinthestore. o Adheretospecialshoppingtimesforseniorsandimmunocompromised

people.

*** NOTICE TO ALL CUSTOMERS ***
DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY AND EXECUTIVE ORDER 202 ALL CUSTOMERS SHOULD WEAR A MASK AT ALL TIMES WHILE SHOPPING ONE FAMILY MEMBER SHOULD SHOP AT A TIME
PERSONAL PROTECTIVE EQUIPMENT SHOULD BE DISCARDED AT HOME ADHERE TO STORE LIMITATIONS ON CAPACITY
ADHERE TO SPECIAL SHOPPING TIME FOR SENIORS AND IMMUNOCOMPROMISED INDIVIDUALS

• In accordance with Executive Order 202.17, customers over the age of two that are unable to maintain proper social distancing, should not be permitted entry into the retail grocery store without a face covering, except where doing so would inhibit or

      
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otherwise impair the customer’s health. However, in this instance, stores should seek to provide alternate methods of pick-up and/or delivery for customers to ensure access to essential goods, including but not limited to f ood, medication, and medical equipment or supplies. Retail grocery stores are prohibited from requesting or requiring medical or other documentation from a customer who declines to wear a face covering due to a medical or other health condition that prevents such usage.

• Provide access to handwashing facilities, including public restrooms, as well as alcohol-based hand sanitizer, as practicable.

Retail grocery stores should also implement the following safety measures for their employees:

Allow workers to wear personal protective equipment, including facemasks and gloves. These must be provided to employees. Employees are also permitted to wear their own facemasks and gloves.

As possible, allow workers considered vulnerable to COVID-19 (e.g. the people considered under “Matilda’s Law”) to alternate assignments with less exposure to customers, or, as able, allow them to stay home.

Provide reasonable accommodations to those who cannot wear a mask.

Close the store for a period of time each day to allow for proper cleaning and/or

disinfecting, as practicable.

Allow employees sufficient break time to wash their hands, when necessary.

Adhere to the requirements described in DOH guidance, titled, “Interim Guidance on Executive Order 202.16 Requiring Face Coverings for Public and Private Employees Interacting with the Public During the COVID-19 Outbreak.”

Adhere to the cleaning guidance set forth by DOH and the CDC:

o DOH,titled,“UpdatedInterimGuidanceforCleaningandDisinfectionofFood Manufacturing Facilities or Food Retail Stores for COVID-19”

o CDC,titled,“RunningEssentialErrands:GroceryShopping,Take-Out, Banking, Getting Gas, and Doctor Visits”

For additional information on New York State’s respond to COVID-19, please visit:

New York State Department of Health’s COVID-19 Webpage

https://coronavirus.health.ny.gov/home

United States Centers for Disease Control and Prevention COVID-19 Webpage

https://www.cdc.gov/coronavirus/2019 -ncov/ 

For more information and additional links, please see the document, “Interim Guidance for Retail Grocery Stores During the COVID-19 Public Health Emergency,” from the New York State Department of Agriculture and Markets.


Corey B. Bearak, Esq.
Government & Public Affairs Counsel
Networker of the Year-2012| co-chair, GOtham GREEN® | Gotham Towers | LI Legal | Gotham Power Breakfast Chair | Gotham Sponsorships Chair  | Moderator, Fredslist & Gotham Promos
P.O. Box 135, Glen Oaks, NY 11004
(718) 343-6779 ♦ facsimile (888) 379-3492
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