County “Stay at Home” Orders – Knowing What to Do

Beginning Friday, March 20, 2020, at least 14 Kansas counties have issued emergency “stay at home” orders in response to the COVID-19 pandemic. Each of these local orders defines, and exempts, “essential businesses.”

Earlier this week, Governor Laura Kelly issued Executive Order #20-15. This Executive Order establishes a “Kansas Essential Functions Framework (KEFF)” to identify a state-wide list of “essential businesses.” The KEFF is based on national critical function guidelines established for pandemic and other disaster response efforts.

The Governor’s Order identifies agribusiness, grain storage, and biofuel production as essential functions and industries. The KEFF includes businesses that maintain supply chains for essential functions and critical infrastructure as defined by a March 19, 2020 US Dept. of Homeland Security (DHS) memorandum. The memorandum defines “agricultural storage facilities,” “agricultural inputs,” and biofuel facilities as critical infrastructure.

The Governor’s Order requires local governments to follow the KEFF when issuing stay-at-home orders, and supersedes the provisions of any local order that does not exempt KEFF essential businesses. If a local authority issues a stay-home or similar order, the Governor’s Order requires local authorities to distribute the KEFF to companies in their jurisdiction.

The Governor’s Order requires local governments to grant an exemption for businesses that provide essential functions. Agribusiness should be exempt from local emergency orders as an essential industry under the KEFF. If your local authorities do not acknowledge your agribusiness as exempt from the local order, please contact your association and we will request an “essential industry exemption” from the stay-at-home order.

Please ensure that your businesses and partners practice social distancing, washing hands, and covering your cough to protect your employees and consumers.

Your association has received essential industry verification from the following counties that have issued an emergency order: Douglas, Franklin, Johnson, Leavenworth, Miami, Lyon, Sedgwick, Shawnee, Wyandotte.

The following Counties have issued Emergency “Stay at Home” Orders: