What if a restaurant is providing dine-in service amid shutdown? State spells out enforcement steps

• By Paul Vigna/PennLive

The Department of Agriculture on Thursday outlined the order of enforcement actions that would be taken against restaurants offering dine-in services to patrons in violation of Gov. Tom Wolf’s March 19 business closure executive order to slow the spread of the coronavirus in the commonwealth.

“It’s important that Pennsylvania’s restaurants don’t stray from the course now, we’ve come too far, sacrificed too much to change our path,” Agriculture Secretary Russell Redding said in a press release. “Restaurants are encouraged to continue only offering their services for carry-out or delivery. I, along with all of Pennsylvania, am grateful for your dedication to maintaining these life-saving measures.”

The Department of Agriculture’s Bureau of Food Safety will enforce this order for retail food facilities under the department’s jurisdiction that are reopening and offering dine-in services, the release said. In Gov. Wolf’s plan to reopen Pennsylvania, restaurants in counties in both the red and yellow phases are prohibited from offering dine-in service and are limited to take-out and delivery options only, according to the release.

Food safety inspectors will follow up on reports of restaurants offering dine-in service in violation of the order, the release said. Once confirmed, the following actions will be taken by the department:

• Warning letter from the Departments of Agriculture and Health;
• Follow up inspection;
• If still in violation of the order at follow up inspection, adjudication to suspend the businesses retail food license;
• If the business continues to operate after license is revoked, citations will be filed with the magisterial district judge;
• The department might pursue civil penalties of up to $10,000 per day of violation.

The department will work with the state Department of Health and collaboratively across other agencies – such as with the Pennsylvania State Police, and Pennsylvania Liquor Control Board – to report and follow up on violations, according to the release.

Restaurants under the department’s jurisdiction that are inspected as a result of such complaints will have public reports with details of violations filed in Pennsylvania’s restaurant inspection database, publicly accessible via the department’s website or the free EatSafePA mobile app for both Apple and Android devices.

Reports related to food safety concerns or restaurants offering dine-in services can be made online through the department’s Food Safety Complaint Form, according to the release.

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