HB 2435 — An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for Food Establishment Personal Protective Equipment Reimbursement Grant Program.

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3611 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

36742435 THE2020 GENERALINTRODUCED ASSEMBLYBY OFKOSIEROWSKI, PENNSYLVANIAULLMAN, HOUSEDRISCOLL, BILLFLYNN, SessionPASHINSKI, 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 No.the Pennsylvania Consolidated Statutes, providing for Food Establishment Personal Protective Equipment Reimbursement Grant Program.

2435 2020 INTRODUCED BY KOSIEROWSKI, ULLMAN, DRISCOLL, FLYNN, PASHINSKI, WILLIAMS, SCHWEYER, FREEMAN, KENYATTA, GALLOWAY, HOWARD, SANCHEZ, DERMODY, FRANKEL, CIRESI, MADDEN, MALAGARI, MERSKI, HOHENSTEIN AND McNEILL, APRIL 24, 2020 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 29, 2020 AN ACT Amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for Food Establishment Personal Protective Equipment Reimbursement Grant Program.

CHAPTER 112 FOOD ESTABLISHMENT PERSONAL PROTECTIVE <-- EQUIPMENT REIMBURSEMENT GRANT PROGRAM FOOD ESTABLISHMENT <-- PANDEMIC DISEASE REMEDIATION COST REIMBURSEMENT GRANT PROGRAM Sec.

This chapter establishes the Food Establishment Personal <-- Protective Equipment PANDEMIC DISEASE REMEDIATION COST <-- Reimbursement Grant Program.

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§ PANDEMIC11203. DISEASE REMEDIATION COSTS.

<-- § 11203.

<-- (1) incurred by a food establishment in purchasing PPE for use by its employees;

"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.

AND A FOOD ESTABLISHMENT THAT HAS A PERMIT <-- UNDER THE ACT OF JULY 2, 1935 (P.L.589, NO.210), REFERRED TO AS 20200HB2435PN3674 - 2 - THE MILK SANITATION LAW.

"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 20200HB2435PN3674 - 3 - THE PROGRAM AS DESCRIBED IN SECTION 11204 (RELATING TO PROGRAM).

"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 20200HB2435PN3611 - 2 - illness.

"Program." The Food Establishment Personal Protective <-- Equipment PANDEMIC DISEASE REMEDIATION COST Reimbursement Grant <-- Program established under section 11204 (relating to program).

(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 <-- 20200HB2435PN3674 - 4 - SPECIFY A PERIOD OF TIME WITHIN WHICH A FOOD ESTABLISHMENT INCURS A PANDEMIC DISEASE REMEDIATION COST TO BE ELIGIBLE FOR REIMBURSEMENT UNDER THE PROGRAM.

(1) Grant funds shall only be used to reimburse eligible <-- PPE costscosts. 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 PANDEMICor <--a DISEASElower REMEDIATION20200HB2435PN3611 COST- or3 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.

(a) Application procedure.--A food establishment that desires to receive a program grant shall submit a grant 20200HB2435PN3674 - 5 - 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).

(2) A detailed statement of the PPE costscosts, 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 PPEPPE. A PANDEMIC DISEASE <-- REMEDIATION COST.

(c) Grant awards.--The department shall award grants to applicants in accordance with this chapter and the applicable 20200HB2435PN3611 - 4 - program standards and requirements.

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