The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- Authority
- Eighth Supplementary Proclamation (May 18, 2020), Exhibit G, State Roadmap to Recovery and Resilience (Ex. HI-009); HAR ch. 11-50
- Issued
- 2020-05-21 May 21, 2020
- Effective
- 2020-05-21, for use 'in conjunction with the phases found in Governor Ige's Eighth Supplementary Proclamation... Exhibit G' (read as 2020-05-21)
- End
- superseded by later versions and county orders; the incorporating clauses ran through Oct. 1, 2021 (read as 2021-10-01)
- In force
- May 21, 2020 to Oct. 1, 2021
- Quarters
- 2020 Q22020 Q32020 Q4
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitFace-covering requirementWorkplace rulesOperating condition
- Addressees
- specified businesses (restaurants, food markets, food manufacturers); customers (face coverings)
- Character
- recommendation only
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
Restaurants, markets and food manufacturers are encouraged to use the recommendations and resources contained in this document to develop best practices to mitigate risk to employees and customers... Customers are required to wear, at minimum, a cloth face covering when moving though a food establishment or while waiting for a pick-up order.
Penalty
none in the instrument itself; the incorporating proclamations carry the HRS § 127A-29 misdemeanor; the Food Safety Code carries permit suspension
What it required
As to operators the instrument is written in recommending verbs ('are encouraged,' 'It is further recommended to have no more than 50% or 1/2 of the total seating capacity be available,' 'should be screened'); as to customers it states a requirement ('are required to wear... a cloth face covering'), which restates the Fifth and Sixth Supplementary Proclamations' customer face-covering rule; its legal effect on operators came from the Roadmap's clause that 'In all cases, businesses and operations must follow applicable CDC, industry and regulatory guidelines related to COVID-19 prior to opening' (Ex. HI-011 Exhibit F) and from the Safe Practices clause of every proclamation from July 17, 2020 ('All persons shall comply with applicable guidance from the [CDC] as well as State, county, industry and regulatory requirements,' Ex. HI-011 at 4).
Retrieval noteRecorded as a recommendation because its text is one, apart from the customer face-covering sentence. The verbs, exactly: 'are encouraged to use the recommendations'; 'Operators are encouraged to promote healthy hygienic practices'; 'Customers are required to wear, at minimum, a cloth face covering'; 'It is further recommended to have no more than 50% or 1/2 of the total seating capacity be available for use while keeping dining tables at least 6 feet apart'; 'all staff should be screened and evaluated for' symptoms; 'Any employee who exhibit signs of illness should not be allowed to report to' work. The quotation's word 'risk' is the Department's.