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PA Governor's Business Shutdown List and FAQs Change Again

Yesterday afternoon (3/24/2020), the Governor’s Office issued yet further re-revisions to its List of Life-Sustaining Businesses.  The re-revised Updated List of Life-Sustaining Businesses is linked below in this Alert.

The following business categories were changed to “Life-Sustaining,” and may now remain open:

  • Veneer, Plywood, and Engineered Wood Product Manufacturing;
  • Other Wood Product Manufacturing;
  • Lumber and Other Construction Materials Merchant Wholesalers; and
  • Telecommunications Resellers, except that retailers selling devices at physical locations are not permitted.

In addition, the following exceptions to Non-Life-Sustaining Businesses were added, permitting the excepted businesses to remain open:

  • Pharmacies;
  • Firearms dealers, on a limited basis;
  • Fuel Sellers and Bottled Water Sellers; and
  • Takeout and Delivery are permitted for Drinking Places (Alcoholic Beverages).

The Governor also amended the previously issued Life-Sustaining Business FAQs guidance.  The Updated FAQs are linked below in this Alert.  The amended FAQs clarify operations under the Governor’s Order.  Important clarifications include:

  • Non-Life-Sustaining Businesses that are required to suspend in-person operations may retain "essential personnel" to engage in limited on-site work for critical functions, including security, maintaining good repair, processing of essential functions, to maintain compliance with applicable regulatory requirements, processing payroll and insurance claims, and similar critical functions
  • If your waiver identifies only a portion of your business activities, which are approved as essential to support Life-Sustaining Businesses, the waiver only relates to those activities specifically identified-- the waiver does not permit you to continue to operate the other portions of your business activities
  • A Non-Life-Sustaining Business that closes in-person operations may continue to accept and fulfill mail and online orders with essential staff

We have closed our office, pursuant to the Governor’s Business Closure Order, but MacDonald Illig attorneys are working remotely, and are available at any time via e-mail or cell phone to assist you with complying with the changing State and Local directives regarding COVID-19, navigating the new federal and state laws and Orders that may impact your business, or assisting with any other legal issues that you have.