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As David Marvin, CEO of Butternut Mountain Farm, sees it, there’s no question that his maple syrup business in Morrisville is essential and should stay open through the COVID-19 pandemic.
But the question is a lot less clear-cut for many other manufacturers in the wake of Gov. Phil Scott’s March 24 executive order, which directs that “all businesses and not-for-profit entities in the state shall suspend in-person business operations.”
Along with vital infrastructure such as health care, law enforcement, and fuel suppliers, the order, effective at 5 p.m. on March 25, includes exceptions for “critical manufacturing” of necessities such as food and animal feed, pharmaceuticals, “and other manufacturing necessary to support the COVID-19 response as well as economic and national security.”
The state Agency of Commerce and Community Development is fielding calls from business owners and managers wondering if they’re carrying out essential business, and has set up a form on its website where Vermonters can submit questions.
“There’s a lot of confusion about the word ‘essential,’” said Lindsay Kurrle, secretary of the ACCD. She noted that restaurants and bars, which are permitted to continue offering takeout and delivery, will still be allowed to do business. “There are a lot of businesses out there looking for clarity.”
Kurrle encouraged business owners to submit their questions on the ACCD’s online form, and pledged that the agency will respond to every one. She noted that businesses that had been able to move all of their operations to remote work didn’t need to worry about the order. It only applies to businesses where employees are still working together.
ACCD released guidance for businesses about the order March 25.
Marvin had no doubt the work of Butternut Mountain Farm is essential. Marvin has 120 employees and a 75,000-square-foot manufacturing operation that turns out maple products for food manufacturers in other parts of the country. While some of his employees are able to work remotely, those on the manufacturing floor — he couldn’t estimate how many — are not, and they have complained that they’re working side-by-side without safety equipment.
Marvin said he received a shipment of face masks Wednesday.
“There’s no lack of clarity for us,” he said. “We’ve been instructed by major customers that we’re an essential supplier and an essential business. There’s no lack of clarity from [the U.S. Department of] Homeland Security.”
In a press conference that Gov. Phil Scott and other state officials conducted by phone Wednesday, the governor said that there are no penalties established for businesses that continue operating in violation of the March 24 executive order. The governor expressed the belief that none would.
“We are still working under the model of encouragement and education; we have seen no abuse of that thus far,” Scott said. “We are going to continue down that path until we find it necessary to do otherwise.”
If noncompliance is suspected, law enforcement will speak to a business proprietor or staff, and could cite regulatory measures, while encouraging voluntary compliance, according to a press release later Wednesday from the Department of Public Safety.
The governor’s March 24 order was a game-changer for the Associated General Contractors, whose members were getting ready for an earlier-than-usual start to the construction season, encouraged by the lack of traffic on the roads as a result of the COVID-19 crisis. The AGC had expected public works projects would continue in Vermont, as they have in other states, said Matt Musgrave, the AGC’s director of government relations.
Now, said Musgrave, it’s likely that the only road construction permitted will be to fix something like a road washout, where someone’s health or safety might be at risk because emergency vehicles couldn’t use the road.
“Simply repaving a road because of potholes does not seem to meet the standard,” Musgrave said after the governor issued his March 24 directive. “A faulty bridge (there are none that we are aware of) would certainly be critical but adding a lane to a bridge to split traffic is not. There is no distinction between public or private projects. We also understand that COVID-19-related issues will have priority.”
[What the stay home order means for workers, employers, and everyone else. A Q&A.]
Among the many questions from business people are the immediate future of farmers markets (they won’t be permitted, said Anson Tebbetts, secretary of the Agency of Agriculture) and CBD processing operations. Of the latter, there hasn’t been any guidance issued, said Kathryn Blume, communications director for Heady Vermont.
“We know that the dispensaries are still doing curbside pickup and delivery,” she said.
The governor’s order also prompted a change of course from the Lake Champlain Chamber of Commerce, which on March 21 had written to state officials asking that several sectors be viewed as essential in the interest of protecting the state’s economy.
“Many manufacturers are producing essential goods and operating under conditions for optimal health and safety,” that memo said. “The work done by these employers and their employees will provide significant revenue to the state and can keep dollars circulating in the Vermont economy.”
After the governor’s order March 24, Austin Davis, head of government relations for the Lake Champlain Chamber, said many members had suspended their operations.
“The ones that haven’t are making food or packaging food or making items necessary for defense, or making medical technology,” Davis said. “Their businesses are needed to keep life going for a lot of people.”
Scott said at his March 25 press conference that he’s encouraged to see small businesses adapting to survive, such as offering curbside delivery or pickup.
“I understand there is a lot to absorb here, a lot of confusion, many different scenarios where businesses and employees are going to have a lot of questions,” he said. “We’ll work through these together. But everyone should be erring on the side of public health.”
Correction: CSA (Community supported agriculture) distribution is continued to be allowed. An earlier version incorrectly stated its status.
