Amended in Assembly May 5, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1965

Introduced by Assembly Member Yamada

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(Coauthors: Assembly Members Gatto, Levine, and Williams)

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(Coauthor: Senator Lieu)

February 19, 2014

An act to amend Sections 113709 and 114259.5 of the Health and Safety Code, relating to outdoor dining facilities.


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 areas if specified conditions are satisfied. 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    1


Section 113709 of the Health and Safety Code
2 is amended to read:



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, 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 Code, or from prohibiting the
12presence of pet dogs in outdoor dining areas of food facilities.


SEC. 2.  

Section 114259.5 of the Health and Safety Code is
14amended to read:



(a) Except as specified inbegin delete subdivision (b),end deletebegin insert this
16section,end insert
live animals may not be allowed in a food facility.

17(b) Live animals may be allowed in any of the following
18situations if the contamination of food, clean equipment, utensils,
19linens, and unwrapped single-use articles cannot result:

20(1) Edible fish or decorative fish in aquariums, shellfish or
21crustacea on ice or under refrigeration, and shellfish and crustacea
22in display tank systems.

23(2) Animals intended for consumption if the live animals are
24kept separate from all food and utensil handling areas, are held in
25sanitary conditions, are slaughtered in a separate room designed
26solely for that purpose and separated from other food and utensil
27handling areas, and maintained in an area that has ventilation
28separate from food and utensil handling areas.

29(3) Dogs under the control of a uniformed law enforcement
30officer or of uniformed employees of private patrol operators and
31operators of a private patrol service who are licensed pursuant to
32Chapter 11.5 (commencing with Section 7580) of Division 3 of
33the Business and Professions Code, while those employees are
34acting within the course and scope of their employment as private
35patrol persons.

36(4) In areas that are not used for food preparation and that are
37usually open for consumers, such as dining and sales areas, service
38animals that are controlled by a disabled employee or person, if a
P3    1health or safety hazard will not result from the presence or activities
2of the service animal.

3(5) Pets in the common dining areas of restricted food service
4facilities at times other than during meals if all of the following
5conditions are satisfied:

6(A) Effective partitioning and self-closing doors separate the
7common dining areas from food storage or food preparation areas.

8(B) Condiments, equipment, and utensils are stored in enclosed
9cabinets or removed from the common dining areas when pets are

11(C) Dining areas including tables, countertops, and similar
12surfaces are effectively cleaned before the next meal service.

13(6) In areas that are not used for food preparation, storage, sales,
14display, or dining, in which there are caged animals or animals
15that are similarly restricted, such as in a variety store that sells pets
16or a tourist park that displays animals.

17(7) If kept at least 20 feet (6 meters) away from any mobile food
18facility, temporary food facility, or certified farmers’ market.

19(c) Those persons and operators described in paragraphs (3) and
20(4)begin insert of subdivision (b)end insert are liable for any damage done to the
21premises or facilities by the dog.

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23begin insert(d)end insert Pet dogs under the control of a person in an outdoor dining
24area if all of the following conditions are satisfied:

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26begin insert(1)end insert The owner of the food facility elects to allow pet dogs in its
27outdoor dining area.

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end delete

29begin insert(2)end insert 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 chairsbegin delete or tables.end deletebegin insert,
32benches, seats, or other fixtures.end insert

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end delete

34begin insert(3)end insert The outdoor dining area is not used for food or drink
35preparation or the storage of utensils.begin insert A food employee may refill
36a beverage glass in the outdoor dining area from a pitcher or other
37container.end insert

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end delete

39begin insert(4)end insert Food and water provided to pet dogs shall only be in
40single-use disposable containers.

begin delete

P4    1(E)

end delete

2begin insert(5)end insert Food employees are prohibited from having direct contact
3with pet dogs while on duty.begin insert A food employee who does have that
4prohibited direct contact shall wash his or her hands as required
5by Section 113953.3.end insert

begin delete

6(F) If a pet dog deposits excrement or other bodily fluids, an
7employee shall immediately clean and sanitize the affected areas.

end delete

8begin insert (6)end insertbegin insertend insertbegin insertThe outdoor dining area is maintained clean. Surfaces that
9have been contaminated by dog excrement or other bodily fluids
10shall be cleaned and sanitized.end insert

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11(7) The pet dog is on a leash or confined in a pet carrier and is
12under the control of the pet dog owner.

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13(8) The food facility owner ensures compliance with local
14ordinances related to sidewalks, public nuisance, and sanitation.

end insert
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end delete

16begin insert(9)end insert Other control measures approved by the enforcement agency.

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18begin insert(e)end insert Live or dead fish bait may be stored if contamination of
19food, clean equipment, utensils, linens, and unwrapped single-use
20articles cannot result.