BILL NUMBER: AB 1965 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Yamada
( Coauthors: Assembly Members
Gatto, Levine, and Williams )
(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 subdivision (b),
this section, 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) of subdivision (b) are liable for any damage done to
the premises or facilities by the dog.
(8)
(d) Pet dogs under the control of a person in an
outdoor dining area if all of the following conditions are satisfied:
(A)
(1) The owner of the food facility elects to allow pet
dogs in its outdoor dining area.
(B)
(2) 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
or tables. , benches, seats, or other fixtures.
(C)
(3) The outdoor dining area is not used for food or
drink preparation or the storage of utensils. A food employee
may refill a beverage glass in the outdoor dining area from a pitcher
or other container.
(D)
(4) Food and water provided to pet dogs shall only be
in single-use disposable containers.
(E)
(5) Food employees are prohibited from having direct
contact with pet dogs while on duty. A food employee who does
have that prohibited direct contact shall wash his or her hands as
required by Section 113953.3.
(F) If a pet dog deposits excrement or other bodily fluids, an
employee shall immediately clean and sanitize the affected areas.
(6) The outd oor dining area
is maintained clean. Surfaces that have been contaminated by dog
excrement or other bodily fluids shall be cleaned and sanitized.
(7) The pet dog is on a leash or confined in a pet carrier and is
under the control of the pet dog owner.
(8) The food facility owner ensures compliance with local
ordinances related to sidewalks, public nuisance, and sanitation.
(G)
(9) Other control measures approved by the enforcement
agency.
(d)
(e) Live or dead fish bait may be stored if
contamination of food, clean equipment, utensils, linens, and
unwrapped single-use articles cannot result.