Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1965


Introduced by Assembly Member Yamada

(Coauthor: Senator Lieu)

February 19, 2014


An act to amendbegin delete Sectionend deletebegin insert Sections 113709 andend insert 114259.5 ofbegin delete, and to add Section 114259.6 to,end delete the Health and Safety Code, relating to outdoor dining facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1965, as amended, Yamada. Outdoor dining facilities: pet dogs.

The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing this code. A violation of these provisions is punishable as a misdemeanor.

The code prohibits live animals from being allowed in a food facility, except under specified conditions if the contamination of food, clean equipment, utensils, linens, and unwrapped single-use articles cannot result.

This bill would authorize a food facility to allow a person to bring a pet dog in outdoor dining areasbegin insert if specified conditions are satisfiedend insert. The bill would authorize a city, county, or city and county to prohibit that conduct by ordinance.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 113709 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

113709.  

This part does not prohibit a local governing body
4from adopting an evaluation or grading system for food facilities,
5from prohibiting any type of food facility, from adopting an
6employee health certification program, from regulating the
7provision of consumer toilet and handwashing facilities,begin delete orend delete from
8adopting requirements for the public safety regulating the type of
9vending and the time, place, and manner of vending from vehicles
10upon a street pursuant to its authority under subdivision (b) of
11Section 22455 of the Vehicle Codebegin insert, or from prohibiting the
12presence of pet dogs in outdoor dining areas of food facilitiesend insert
.

13

begin deleteSECTION 1.end delete
14begin insertSEC. 2.end insert  

Section 114259.5 of the Health and Safety Code is
15amended to read:

16

114259.5.  

(a) Except as specified in subdivision (b)begin delete and
17Section 114259.6end delete
, live animals may not be allowed in a food
18facility.

19(b) Live animals may be allowed in any of the following
20situations if the contamination of food, clean equipment, utensils,
21linens, and unwrapped single-use articles cannot result:

22(1) Edible fish or decorative fish in aquariums, shellfish or
23crustacea on ice or under refrigeration, and shellfish and crustacea
24in display tank systems.

25(2) Animals intended for consumption if the live animals are
26kept separate from all food and utensil handling areas, are held in
27sanitary conditions, are slaughtered in a separate room designed
28solely for that purpose and separated from other food and utensil
29handling areas, and maintained in an area that has ventilation
30separate from food and utensil handling areas.

31(3) Dogs under the control of a uniformed law enforcement
32officer or of uniformed employees of private patrol operators and
33operators of a private patrol service who are licensed pursuant to
34Chapter 11.5 (commencing with Section 7580) of Division 3 of
35the Business and Professions Code, while those employees are
36acting within the course and scope of their employment as private
37patrol persons.

P3    1(4) In areas that are not used for food preparation and that are
2usually open for consumers, such as dining and sales areas, service
3animals that are controlled by a disabled employee or person, if a
4health or safety hazard will not result from the presence or activities
5of the service animal.

6(5) Pets in the common dining areas of restricted food service
7facilities at times other than during meals if all of the following
8conditions are satisfied:

9(A) Effective partitioning and self-closing doors separate the
10common dining areas from food storage or food preparation areas.

11(B) Condiments, equipment, and utensils are stored in enclosed
12cabinets or removed from the common dining areas when pets are
13present.

14(C) Dining areas including tables, countertops, and similar
15surfaces are effectively cleaned before the next meal service.

16(6) In areas that are not used for food preparation, storage, sales,
17display, or dining, in which there are caged animals or animals
18that are similarly restricted, such as in a variety store that sells pets
19or a tourist park that displays animals.

20(7) If kept at least 20 feet (6 meters) away from any mobile food
21facility, temporary food facility, or certified farmers’ market.

22(c) Those persons and operators described in paragraphs (3) and
23(4) are liable for any damage done to the premises or facilities by
24the dog.

begin insert

25(8) Pet dogs under the control of a person in an outdoor dining
26area if all of the following conditions are satisfied:

end insert
begin insert

27(A) The owner of the food facility elects to allow pet dogs in its
28outdoor dining area.

end insert
begin insert

29(B) A separate outdoor entrance is present where pet dogs enter
30without going through the food establishment to reach the outdoor
31dining area and pet dogs are not allowed on chairs or tables.

end insert
begin insert

32(C) The outdoor dining area is not used for food or drink
33preparation or the storage of utensils.

end insert
begin insert

34(D) Food and water provided to pet dogs shall only be in
35single-use disposable containers.

end insert
begin insert

36(E) Food employees are prohibited from having direct contact
37with pet dogs while on duty.

end insert
begin insert

38(F) If a pet dog deposits excrement or other bodily fluids, an
39employee shall immediately clean and sanitize the affected areas.

end insert
begin insert

P4    1(G) Other control measures approved by the enforcement
2agency.

end insert

3(d) Live or dead fish bait may be stored if contamination of
4food, clean equipment, utensils, linens, and unwrapped single-use
5articles cannot result.

begin delete6

SEC. 2.  

Section 114259.6 is added to the Health and Safety
7Code
, to read:

8

114259.6.  

(a) A food facility may permit a person to bring a
9pet dog on to the food facility’s outdoor dining areas.

10(b) A city, county, or city and county may by ordinance prohibit
11a food facility from allowing a person to bring a pet dog to the
12food facility’s outdoor dining area.

end delete


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