Amended in Assembly May 5, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 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.

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 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:

SECTION 1.  

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

113709.  

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

SEC. 2.  

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

114259.5.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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(8)

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

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(A)

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

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(B)

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begin insert (2) end insert  A separate outdoor entrance is present where pet dogs enter
without going through the food establishment to reach the outdoor
dining area and pet dogs are not allowed on chairs begin delete or tables. end delete begin insert ,
benches, seats, or other fixtures. end insert

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(C)

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

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(D)

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

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(E)

end delete

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

begin delete

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

end delete

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

begin insert

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

end insert begin insert

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

end insert begin delete

(G)

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

begin delete

(d)

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