Maine

Updated June 9, 2020

ORDER TO FURTHER IMPLEMENT THE RESTARTING PLAN

(COVID-19 EXECUTIVE ORDER NO. 55 FY 19/20)

KEEP MAINE HEALTHY PLAN

On May 29, 2020, Governor Janet Mills issued Executive Order No. 55 FY 19/20 that allows for the gradual easing of restrictions implemented under previous orders as the state continues to reopen under the Restarting Maine’s Economy plan effective May 31, 2020. In addition to easing restrictions on certain gatherings from 10 to 50, the Executive Order also starts phasing out the distinction between essential and non-essential businesses consistent with the state’s Restarting Plan and COVID-19 Prevention Checklists. Additionally, the order:

  • Eases restrictions on eating establishments permitted to reopen and maintains restrictions on those not yet authorized to reopen consistent with the Restarting Plan.
  • Continues to require businesses to the extent practicable as determined by businesses to have their employees work remotely.
  • Continues but relaxes Maine’s “Stay Safer at Home” Order, which has Maine people stay-at-home with exceptions, allowing people to visit more businesses and participate in more activities as they reopen under the Restarting Plan.
  • Maintains various public and private transportation capacity restrictions unless necessary for essential purposes.
  • As of June 5, requires places of business accessible to the public to post readily visible signs notifying customers of face covering requirements where physical distancing is not possible and allows denial of entry or service for non-compliance.

On June 8, 2020, Maine introduced its Keep Maine Healthy Plan as an alternative to its 14-day quarantine requirement for out-of-state visitors. Among other things, the plan allows visitors to certify that they have received a recent negative COVID-19 test to stay in lodging establishments and calls for increased symptom checks at popular visitor sites.

Updated April 29, 2020

Under Executive Order No. 49 FY 19/20, adopted on April 29, 2020, Maine extended its statewide stay-at-home order through May 31, 2020 and permits residents to visit businesses or participate in activities that are deemed safe to open pursuant to Stage 1 of Maine’s Department of Economic and Community Development (DECD) Restarting Plan as of May 1, 2020.

Updated: April 8, 2020

Two new Executive Orders have been issued by the Governor of Maine:

  1. Executive Order 19 FY 19/20 is extended by Executive Order 19-A FY 19/20 through April 30, 2020.
  2. Executive Order 28 FY 19/20 places the following requirements on retail businesses that are also Essential Businesses and Operations through April 30, 2020:
    1. Essential retail stores shall:
      1. Prioritize curbside pick as much as possible.
      1. Broadly advertise and promote this method, including how to best reach the facility and continue services by phone or remotely.
      1. Implement and actively enforce social distancing.
      1. Prominently post signage at all public entrances instructing customers to remain 6 feet apart.
      1. Mark every customer line with signage and lines designed to impose social distancing.
      1. Disinfect the handles of every cart and basket prior to customer reuse.
      1. Take all reasonable steps to minimize customer handles of unpurchased items.
      1. Offer separate operating hours for customers over 60 and customers with medical conditions.
    1. Essential retail stores with space of:
      1. Less than 7,500 square feet shall limit the number of customers in the store at one time to 5. Examples of such stores typically include gas stations and convenience and specialty food stores.
      1. More than 7,500 and less than 25,000 square feet shall limit the number of customers in the store at one time to 15. Examples of such stores typically include stand-alone pharmacies and certain hardware stores.
      1. More than 25,000 and less than 50,000 square feet shall limit the number of customers in the store at one time to 50. Examples of such stores typically include mid-sized and locally owned grocery stores.
      1. More than 50,000 and less than 75,000 square feet shall limit the number of customers in the store at one time to 75. Examples of such stores typically include chain grocery stores.
      1. More than 75,000 square feet shall limit the number of customers in the store at one time to 100. Examples of such stores typically include Lowes, Wal-Mart, Target and Home Depot. Such stores must also, as soon as practicable, install protective shield between customers and checkout/pharmacy personnel.
    1. Such retailers will actively monitor and enforce these limits and enforce 6 foot distances between customer waiting in lines.
    1. Violations are a Class E crime and subject to up to 6 months in jail and a $1000 fine.


EXECUTIVE ORDER IN RESPONSE TO COVID-19

(COVID-19 EXECUTIVE ORDER NO. 19 FY 19/20)

                  Executive Summary

A series of Maine Executive Orders requires all citizens living within the State to stay at home except as allowed in the Order, and requires all businesses and operations in the State that are “public facing,” or are at sites that require more than 10 workers to convene in space where social distancing is not possible, except “Essential Businesses and Operations,” to cease all activities with some narrow exceptions.  The Order incorporates by reference the CISA Essential Critical Infrastructure list as “essential businesses” and goes on to list additional Essential Businesses and Operations.  Essential Businesses and Operations must take proactive measures to ensure compliance with Social Distancing Requirements.

Summary of Order

  • Issued on March 24, 2020, Effective as of March 25, 2020 at 12:01am
  • Terminates on April 8, 2020 at 12:00am
  • All businesses and operations in the State must cease activities at sites that are public facing and thereby allow customer, vendor or other in-person contact, or are at sites that require more than 10 workers to convene in space where social distancing is not possible., except Essential Businesses and Operations, are required to cease all activities within the State except for narrow activities as set forth below.
  • All Essential Businesses and Operations are encouraged to remain open. To the greatest extent feasible, Essential Businesses and Operations shall comply with Social Distancing Requirements as defined in this Executive Order, including by maintaining six-foot social distancing for both employees and members of the public at all times, including, but not limited to, when any customers are standing in line.
  • The definition of Essential Businesses and Operations incorporates by reference the CISA Essential Critical Infrastructure list.
  • Additionally, Essential Businesses and Operations includes the following:
    • Food processing and agriculture
    • Fishing and aquaculture
    • Industrial manufacturing
    • Construction and maintenance of essential infrastructure
    • Trash collection
    • Grocery and household goods (including convenience stores)
    • Forest products
    • Essential home repair
    • Hardware and auto repair
    • Pharmacies
    • Psychiatric
    • Group homes and treatment facilities
    • Biomedical, dental, and healthcare
    • Shipping outlets
    • Banks
    • Gas stations
    • Laundromats
    • Vet clinics
    • Animal welfare
    • Truck delivery and distribution of goods
    • Legal, business, and professional services
    • Hotels
  • Non-Essential Businesses may continue operations that:
    • Do not allow customer, vendors or other in-person contact;
    • Do not require more than 10 workers to convene in a space where social distancing is not possible; AND
    • Are facilitated to the maximum extent practicable by employees working remotely
    • Other permitted activities for Non-Essential Businesses include:
      • Taking orders by phone or Internet
      • Maintaining the value of inventory
      • Preserving the physical equipment of the business
      • Ensuring security
      • Processing payroll

Social Distancing Requirements

  • Essential Businesses and Operations and businesses engaged in Minimum Basic Operations must take proactive measures to ensure compliance with Social Distancing Requirements, including:
    • Designate six-foot distances.
    • Having hand sanitizer and sanitizing products readily available for employees and customers.
    • Implementing separate operating hours for elderly and vulnerable customers.
    • Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.

Enforcement

Violations of the Orders may be construed as a violation of any license, permit, or other authorization to operate the business and relevant penalties may be assessed.

CISA List

Critical infrastructure sectors listed in CISA guidance (check list at link above for detailed list of worker functions):

  • Healthcare / Public Health
  • Law Enforcement, Public Safety, and Other First Responders
  • Food and Agriculture
  • Energy — Natural Gas, Natural Gas Liquids (NGL), Propane, and Other Liquid Fuels
  • Water and Wastewater
  • Transportation and Logistics
  • Public Works and Infrastructure Support Services
  • Communications and Information Technology
  • Other Community- or Government-Based Operations and Essential Functions
  • Critical Manufacturing
  • Hazardous Materials
  • Financial Services
  • Chemical
  • Defense Industrial Base
  • Commercial Facilities
  • Residential/Shelter Facilities and Services
  • Hygiene Products and Services