Industry Alert: Clarification on COVID-19 Governor Executive Order N-33-20

March 20, 2020 – -Yesterday evening, Governor Newsom issued Executive Order N-33-20 which orders all residents living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the Federal Critical Infrastructure Sectors.

The Food and Agriculture Sector is one of 16 sectors designated as critical infrastructure of the United States that is described as the supply chains for feed, animals, and animal products; crop production and the supply chains of seed, fertilizer, and other necessary related materials; and the post harvesting components of the food supply chain, from processing, production, and packaging through storage and distribution to retail sales, institutional food services, and restaurant or home consumption.

The Executive Order states that the Governor may designate additional sectors as critical in order to protect the health and well-being of all Californians.  The Executive Order goes into effect immediately and remains in effect until further notice.

We recommend that you review the information provided in the links below and make a determination if your business falls into the description of the Food and Agricultural Sector above.  If so, your workforce is not required to stay home.  If your operation is going to stay open during this event you should continue to comply with the CDC’s guidance for Businesses and Employers regarding COVID-19.

If you need assistance determining whether your business falls within the Food and Agriculture sector consult with your legal counsel or the Almond Alliance.

Key Information:

Executive Order N-33-20:  https://covid19.ca.gov/img/N-33-20.pdf
Additional Information:  https://covid19.ca.gov/stay-home-except-for-essential-needs/
Federal Critical Infrastructure Sectors:  https://www.cisa.gov/critical-infrastructure-sectors
CDC Guidance for Businesses and Employers:  https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

 

FOOD AND AGRICULTURE SECTOR:  General Description of Workers and Employees

  • Workers supporting groceries, pharmacies and other retail that sells food and beverage products.
  • Restaurant carry-out and quick serve food operations – Carry-out and delivery food employees.
  • Food manufacturer employees and their supplier employees—to include those employed in food processing (packers, meat processing, cheese plants, milk plants, produce, etc.) facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging.
  • Farm workers to include those employed in animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our food supply domestically.
  • Farm workers and support service workers to include those who field crops; commodity inspection; fuel ethanol facilities; storage facilities; and other agricultural inputs.
  • Employees and firms supporting food, feed, and beverage distribution, including warehouse workers, vendor managed inventory controllers and blockchain managers.
  • Workers supporting the sanitation of all food manufacturing processes and operations from wholesale to retail.
  • Company cafeterias – in-plant cafeterias used to feed employees.
  • Workers in food testing labs in private industries and in institutions of higher education.
  • Workers essential for assistance programs and government payments.
  • Employees of companies engaged in the production of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids.
  • Animal agriculture workers to include those employed in veterinary health; manufacturing and distribution of animal medical materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, etc.; transportation of live animals, animal medical materials; transportation of deceased animals for disposal; raising of animals for food; animal production operations; slaughter and packing plants and associated regulatory and government workforce.
  • Workers who support the manufacture and distribution of forest products, including, but not limited to timber, paper, and other wood products.
  • Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to agricultural production and distribution.

To View the MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE, Click Here.