March 26 Colorado Stay-Home Order

As of March 26, the entire state is under a Stay-at-Home order. Based on the Order, dated March 25, CNGA believes that most businesses in the green industry fall into one or more exemption categories. For horticulture growers, your business determination as ‘critical’ is pretty straightforward – you are considered agriculture. For landscape contractors, suppliers and other green industry professionals, the determination is a bit more nuanced.

As you can see from the categories on the list, they are very general (see below) and while we can offer guidance, businesses that must make the determination for themselves and communicate carefully with employees and customers. Read further clarification about agricultural businesses from Colorado Commissioner of Agriculture, Kate Greenberg. 

From the Colorado Public Health Order:

Critical Business. Any business, including any for profit or non-profit, regardless of its corporate structure, engaged in any of the commercial, manufacturing, or service activities listed below, may continue to operate as normal. Critical Businesses must comply with the guidance and directives for maintaining a clean and safe work environment issued by the CDPHE and any applicable local health department. Critical Businesses must comply with Social Distancing Requirements and all PHOs currently in effect to the greatest extent possible and will be held accountable for doing so. Critical Businesses do NOT include health clubs as defined in C.R.S. § 6-1-102(4.6), fitness and exercise gyms, and similar facilities, or any of the other businesses required to close by PHO 20-22.

“Critical Business” means:

2. Critical Infrastructure, Including:

  • food and plant cultivation, including farming crops, livestock, food processing and manufacturing, animal feed and feed products, rendering, commodity sales, and any other work critical to the operation of any component of the food supply chain
  • Any business that produces products critical or incidental to the construction or operation of the categories of products included in this subsection

3. Critical Manufacturing, Including:

  • agriculture/farms

4. Critical Retail, Including:

  • farm and produce stands
  • hardware, farm supply, and building material stores
  • establishments engaged in the retail sale of food and any other household consumer products (such as cleaning and personal care products)

9. Construction, Including:

  • other related firms and professionals for who provide services necessary to maintain the safety, sanitation, and critical operation of residences

11. Critical Services Necessary to Maintain the Safety, Sanitation and Critical Operations of Residences or Other Critical Businesses, Including:

  • general maintenance whether employed by the entity directly or a vendor
  • Snow removal

Once again, while we can offer guidance, businesses must make the determination for themselves and communicate carefully with employees and customers.

It’s also important to understand that many counties also have stay-at-home orders. These orders may be more specific as to which businesses are considered essential. For example, Jefferson County includes “iii. Food and plant cultivation, including farming, livestock, and fishing;” and “x. Plumbers, electricians, exterminators, landscapers, and other service providers  . . . “ ALSO - the county orders are generally in effect until April 17, while the state order is currently set to expire April 11.

Citizens are still able to travel to your business because of this clause in the Health Order:B. Necessary Travel. For purposes of this Order, travel is Necessary for any of the following purposes: (1) providing or accessing Necessary Activities, Minimum Basic Operations, Critical Government Functions, and Critical Businesses.

Please visit our COVID-19 Resource page for information and resources related to this very fluid situation and follow our blog for other news and member feedback.

CNGA continues to advocate for the Nursery and Greenhouse industry and preserve your right to continue to provide what we consider essential services to our community throughout the coronavirus crisis.

 

 

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