Today, the State of New Jersey issued a new Administrative Order (AO Clarification to EO 107) regarding stores whose business is primarily selling items needed for religious observance, such as religious articles. Those stores are permitted to operate, subject to complying fully with paragraph 1 of Executive Order 122. The language of the new Administrative Order reads as:

2. Stores that principally sell items necessary for religious observation or worship shall be considered essential retail businesses, provided that they adopt in-person operation policies that include, at a minimum, the enhanced social distancing practices detailed in paragraph 1 of Executive Order No. 122 (2020).

Paragraph 1 of Executive Order 122 reads as below.

1. Where an essential retail business is permitted to maintain in-person operations pursuant to Executive Order No. 107 (2020) and any subsequent Administrative Orders, such business must adopt policies that include, at minimum, the following requirements:

1. Limit occupancy at 50% of the stated maximum store capacity, if applicable, at one time;

1. Establish hours of operation, wherever possible, that permit access solely to high-risk individuals, as defined by the CDC;

1. Install a physical barrier, such as a shield guard, between customers and cashiers/baggers wherever feasible or otherwise ensure six feet of distance between those individuals, except at the moment of payment and/or exchange of goods;

1. Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;

1. Provide employees break time for repeated handwashing throughout the workday;

1. Arrange for contactless pay options, pickup,and/or delivery of goods wherever feasible. Such policies shall, wherever possible, consider populations that do not have access to internet service;

1. Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to staff and customers;

1. Require frequent sanitization of high-touch areas like restrooms, credit card machines, keypads, counters and shopping carts;

1. Place conspicuous signage at entrances and throughout the store, if applicable, alerting staff and customers to the required six feet of physical distance;

1. Demarcate six feet of spacing in check-out lines to demonstrate appropriate spacing for social distancing; and

1. Require workers and customers to wear cloth face coverings while on the premises, except where doing so would inhibit that individual’s health or where the individual is under two years of age, and require workers to wear gloves when in contact with customers or goods. Businesses must provide, at their expense, such face coverings and gloves for their employees. If a customer refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the business at the point of entry, then the business must decline entry to the individual, unless the business is providing medication, medical supplies, or food, in which case the business policy should provide alternate methods of pickup and/or delivery of such goods. Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the business is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering on store premises due to a medical condition that inhibits such usage, neither the essential retail business nor its staff shall require the individual to produce medical documentation verifying the stated condition.