IN EXERCISE of the powers conferred by section 36(m) of the Public Health Act, the Cabinet Secretary for Health makes the following Rules—

THE PUBLIC HEALTH (COVID-19 OPERATION OF RESTAURANTS) RULES, 2020

1. These Rules may be cited as the Public Health (COVID-19 Operation of Restaurants) Rules, 2020.

2. In these Rules, unless the context otherwise requires—

“COVID-19” means an infectious disease caused by coronavirus;

“County Director” means the County Director responsible for Public Health in a county;

“restaurant” means any premises on which the business of supplying food and drink for reward is carried on and includes a staff canteen;

“restaurant employee” means any person who works in a restaurant; and

“restriction period” means the period that the Cabinet Secretary may, by order, declare to be the period for the operation of these Rules.

3. (1) A person shall not operate a restaurant during the restriction period unless the person holds a licence issued under these Rules.

(2) A person who intends to operate a restaurant during the restriction period shall apply to the County Director for a licence in Form A set out in the Schedule.

(3) The County Director shall, upon receipt of an application under this section, inspect the premises and complete Form B set out in the Schedule and may require the applicant to provide such other information as may be deemed necessary to enable the County Director consider the application.

(4) After considering an application under this section, the County Director may—

1. issue the applicant with a licence in Form C set out in the Schedule if satisfied that the applicant has fulfilled the requirements of this section and may attach to such licence such conditions as he may deem expedient; or

2. reject an application and communicate the rejection in writing to the applicant.

(5) The County Director may revoke a licence if the applicant breaches the conditions attached to the licence or contravenes these Rules.

(6) The licence shall be displayed prominently in the restaurant.

(7) A licence shall not be transferred from the licensee to any other person.

(8) A licence issued under this section does not replace other licences that may be required by any other written law for the operation of a restaurant.

(9) A person who contravenes paragraph (1), (6) or (7) commits an offence.

4. (1) Every restaurant employee shall be tested and certified by a Government licensed laboratory to be free from COVID-19—

1. before the restaurant is licensed; and

2. after every seven days following the grant of the licence.

(2) A restaurant employee shall be screened for COVID -19 at the restaurant, at the beginning and at the end of a work shift.

(3) The screening under paragraph (2) shall be carried out by measuring and recording body temperature using a wall mounted contact free thermometer.

(4) A restaurant employee whose temperature is above thirty seven point five degrees celsius shall not be allowed into the restaurant and the licensee shall immediately notify the County Director of such findings.

(5) The licensee shall keep a register of the results of every employee who is screened and the register shall be produced by the licensee, on demand by a public health officer.

5. The licensee shall ensure that the restaurant employees are trained by a Public Health Officer on the prevention of the spread of COVID-19.

6. (1) Every restaurant employee shall wear a head cover, clean overalls, slip reduction work shoes and a face mask that covers the mouth and nose.

(2) Where a restaurant employee uses disposable gloves, the employee shall—

(a) dispose the gloves at least after every one hour;

(b) wash his hands after removing the gloves; and

(c) dispose the gloves after carrying out non- food related activities including opening and closing doors or emptying bins.

(3) Restaurant employees shall maintain a physical distance of one point five metres from each other in food preparation areas.

(4) A person who contravenes paragraph (1) commits an offence.

7. (1) Every licensee shall ensure that—

1. a handwashing station, complete with clean water, soap and paper towels, is installed at the entrance of the restaurant and the effluent water from the handwashing station does not flow freely on the ground;

2. a handwashing station, complete with clean water, soap and paper towels, is installed inside the restaurant;

3. a handwashing station, complete with cold and hot running water, automated taps, automated soap dispensers and paper towels, is installed at the entrance of the kitchen;

4. a seventy percent alcohol based sanitizer, approved for use by the Kenya Bureau of Standards, is provided at the entrance of the restaurant, dining tables, service counters and toilets;

5. dining tables are placed one point five metres apart;

6. the distance from the back of one chair to the back of another chair is one metre apart and chairs on each dining table are one metre apart;

7. a wall mounted contact free thermometer is installed at the entrance of the restaurant;

8. work stations are one point five metres apart;

9. floors are marked to guide the physical distancing requirements;

10. plexiglass barriers are installed at the tills and counters;

11. signage on hand hygiene and physical distancing are placed outside and inside the restaurant;

12. a telephone is provided at the restaurant to be used by restaurant employees for purposes of contacting the County Director, as may be necessary.

(2) A person who contravenes any provision of this rule commits an offence.

8. (1) Every licensee shall comply with the following operating conditions—

1. a restaurant shall operate between 5.00 am and 4.00 pm;

2. customers shall be limited to four people for every ten square metre space;

3. there shall be no self-serving of food by customers and meals shall be delivered individually to customers to the dining table by a waiter;

4. alcoholic drinks shall not be served in a restaurant;

5. condiments shall not be provided to customers in shared containers;

6. a system for contact free payment shall be put in place by the licensee; and

7. a customer with body temperature exceeding thirty seven point five degrees celsius shall not be allowed into the premises and the licensee shall immediately notify the County Director of such findings.

(2) A person who contravenes any provision of this rule commits an offence.

9. (1) The surfaces in a restaurant including floors and counters shall be disinfected after every four hours and a disinfection schedule maintained.

(2) Surfaces that are repeatedly touched by restaurant employees and customers including equipment handles, furniture, switches, telephones and door knobs shall be disinfected at least once every hour and a disinfection schedule maintained.

(3) Cleaning personnel shall wear heavy duty gloves, overalls, plastic aprons, head covers, gumboots and face masks that cover the mouth and nose.

(4) Toilets shall be disinfected after every use, using a disinfectant approved by the Kenya Bureau of Standards.

(5) A person who contravenes any provision of this rule commits an offence.

10. A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.

NO.

CONDITION

PROVIDED

NOT PROVIDED

REMARKS

PREMISES

1

Person(s) assigned at the entrance points to carry out screening of employees and customers

2

Functional wall mounted and contract free thermometer at both employee and customer entry areas

3

Visibly mounted notice on screening of employees and clients;

4

Visibly mounted notice on promotion of hand hygiene and physical distancing

5

Visibly mounted notice on denial of entry of suspected COVID-19 Cases

6

Notice indicating mandatory donning of face masks

7

Plexiglas barriers at tills and counters

8

Tables Spaced 6 feet apart in dining areas and have four people for every 10 square metres space

9

Distance from back of one chair to the back of the other at 1 metre

10

Floor markings to guide the physical distancing within the premise

11

Adequate ventilation and lighting

12

Water supply points in the kitchen and dining area

13

Physical distancing (1 metre - 3 feet) in food preparation areas

14

Staggered and spaced out workstations on either side of food processing areas

15

Duty roster indicating the number of staff in a food preparation area at any one time.

16

Proof of contactless payment systems

17

Disinfectants, cleaning equipment and

detergent

18

Visible notices for staff promoting hand

hygiene and physical distancing

19

Availability of Instructions and training on

how to prevent the spread of COVID-19 for all employees

20

Alcohol-based hand sanitizers at premises

entry and exit points

21

Hand wash facility at the entry of the kitchen and restaurant, complete with:

• hot and cold running water,

• hygienically operated taps,

• detergent/soap,

• alcohol-based sanitizer and

• appropriate hand drying

22

Strategic installation of hand wash facilities inside the kitchen/food preparation areas, complete with:

• hot and cold running water,

• hygienically operated taps,

• detergent/soap,

• alcohol-based sanitizer and

• appropriate hand drying

23

Availability and evidence of implementation of Standard Operating Procedures (SOPs) for

cleaning

24

Availability and evidence of implementation

of Standard Operating Procedures (SOPs) for disinfection

25

Standard Operating Procedures (SOPs) for

reporting illness

26

Trained cleaners assigned

for cleaning and disinfection duty roster

PERSONNEL

27

Valid medical examination certificates for all

personnel