BILL ANALYSIS Ó AB 1965 Page 1 Date of Hearing: April 9, 2014 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT K.H. "Katcho" Achadjian, Chair AB 1965 (Yamada) - As Amended: March 28, 2014 SUBJECT : Outdoor dining facilities: pet dogs. SUMMARY : Allows food facilities to permit a person to bring a pet dog to outdoor dining areas under certain conditions, and allows local governing bodies to prohibit pet dogs in food facilities' outdoor dining areas. Specifically, this bill : 1)Provides that the California Retail Food Code (Food Code) does not prohibit a local governing body from prohibiting the presence of pet dogs in outdoor dining areas of food facilities. 2)Provides that pet dogs may be allowed in a food facility if the contamination of food, clean equipment, utensils, linens and unwrapped single-use articles cannot result, the pet dog is under the control of a person in an outdoor dining area, and all of the following conditions are satisfied: a) The owner of the food facility elects to allow pet dogs in the facility's outdoor dining area; b) 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; c) The outdoor dining area is not used for food or drink preparation or the storage of utensils; d) Food and water provided to pet dogs shall only be in single-use disposable containers; e) Food employees are prohibited from having direct contact with pet dogs while on duty; f) If a pet dog deposits excrement or other bodily fluids, an employee shall immediately clean and sanitize the affected areas; and, AB 1965 Page 2 g) Other control measures approved by the enforcement agency. EXISTING LAW : 1)Specifies that the Food Code 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, or 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 current law, as specified. 2)Prohibits, pursuant to the Food Code, live animals in food facilities, except provides that live animals may be allowed, if the contamination of food, clean equipment, utensils, linens and unwrapped single-use articles cannot result, in the following situations: a) Edible or decorative fish in aquariums, and shellfish or crustacean on ice, under refrigeration, or in display tank systems; b) Animals intended for consumption, provided that specific storage, handling, and slaughter requirements are met; c) Dogs under the control of a law enforcement officer or private patrol employees, as specified; d) Service animals that are controlled by a disabled employee or person in areas that are not used for food preparation, if a health or safety hazard will not result; e) Pets in the common dining areas of restricted food service facilities (bed and breakfast inns or agricultural homestays) at times other than during meals, provided specified conditions are met; f) In non-food areas, as specified, of a facility that contains caged animals, such as in a variety store that sells pets or a tourist park that displays animals; and, g) If the animal is kept at least 20 feet away from any AB 1965 Page 3 mobile food facility, temporary food facility, or certified farmers' market. 3)Makes law enforcement officers, private patrol operators, and disabled people who bring dogs into a food facility liable for any damage done to the premises by the dog. 4)Defines "food facility" to mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Includes, within the definition of food facility, any place used in conjunction with a facility's operations, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. 5)States, under Food Code, the intent of the Legislature to occupy the whole field of health and sanitation standards for retail food facilities, and makes standards set forth in the Food Code exclusive of all local health and sanitation standards relating to retail food facilities, with exceptions in 6), below. Finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this state that the food will be pure, safe, and unadulterated. 6)Provides an exception to 5), above, for local governing bodies that: a) Adopt food facility evaluation or grading systems; b) Prohibit any type of food facility; c) Adopt an employee health certification program; d) Regulate the provision of consumer toilet and handwashing facilities; or, e) Adopt specified requirements related to food trucks. FISCAL EFFECT : None COMMENTS : 1)Purpose of this bill . This bill seeks to authorize food facilities that so choose to allow their customers to bring AB 1965 Page 4 their pet dogs with them to the outdoor dining areas of the facility, while allowing local jurisdictions the flexibility to continue regulating this activity. This bill is sponsored by Social Compassion in Legislation. 2)Author's statement . According to the author, "Despite the best efforts of counties to balance the desire of restaurant and dog owners with the need to preserve public health, there remains one hurdle they cannot overcome: state law preempts any effort they make by prohibiting any dogs in food facilities unless they are service animals or under the control of law enforcement or licensed security personnel. Some of these local jurisdictions have attempted to issue guidelines on the basis that outdoor dining areas are not considered part of 'food facilities' as defined in state law. However, Section 113789 of the Health and Safety Code defines a food facility as 'an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level' as well as 'any place used in conjunction with the operations described in this subdivision.' This definition extends the restrictions created by Health and Safety Code Section 114259.5 to 'any place used in conjunction' (with a food facility), which can be interpreted to include outdoor dining areas maintained and operated by food facilities. "While city and county health officials can choose to selectively enforce the prohibitions created by Health and Safety Code Section 114259.5, they cannot protect business owners from legal actions brought by patrons who disapprove of a restaurant's policy of allowing dogs. Likewise, selective enforcement could make local health departments vulnerable to litigation for failing to enforce state mandated health standards. "In addition to those cities and counties creating policies to address this issue, there are some areas where there is simply confusion over the scope of the current law. Ventura County's health department has issued documentation identifying outdoor dining areas as areas where dogs are permitted as they believe these areas do not to qualify as part of the legal definition of a food facility. "It is clear that many dog owners have an interest in dining with their dogs and that many restaurant owners want to AB 1965 Page 5 accommodate these potential customers. It is also clear that many local governments want to assist these groups by creating carefully considered guidelines to accommodate them. However, current state law on this issue prevents any of these groups working together to agree on a method for allowing this practice in any way. AB 1965 rectifies this by giving the choice to serve these customers while preserving the authority of local governments to determine what policy best serves their community." 3)Background . In 2011, in response to the advocacy of dog and restaurant owners, the Los Angeles County Department of Public Health (DPH) adopted a new policy allowing pet dogs in outdoor dining areas, provided certain conditions are met, including: a separate entrance to the patio; no food preparation or utensil storage on the patio; no employee-pet contact; and, immediate cleaning and sanitization of areas where excrement or bodily fluids are deposited. In an advisory bulletin, Los Angeles DPH acknowledges that the Food Code continues to prohibit live animals inside food facilities, but also notes that local jurisdictions have varying interpretations of the law. A Ventura County fact sheet on animals in food facilities states that the prohibition on animals "does not apply to outdoor dining areas such as patio dining," and a number of other county environmental health departments, including Sacramento, San Diego, and Santa Barbara, provide guidance indicating dogs may be allowed in outdoor dining areas or that such areas are not considered part of the food facility. 4)Previous legislation . AB 1252 (Committee on Health), Chapter 556, Statutes of 2013, made numerous changes to the Food Code, including clarifying that a service animal in training qualifies as a service animal for purposes of the Food Code and deleting a requirement that the work or tasks performed by a service animal be directly related to an individual's disability. 5)Arguments in support . Social Compassion in Legislation, the sponsor of this bill, states, "Many restaurants choose to take their chances and allow dogs on their patios, but it remains illegal. We want to support these businesses and encourage more to open up to our canine family members. AB 1965 would permit restaurants to voluntarily allow pet dogs in outdoor seating areas under specified conditions unless a local AB 1965 Page 6 ordinance determines otherwise?We need this state law changed to allow the local jurisdictions to set their own policy on this issue." 6)Arguments in opposition . None on file. 7)Double-referral . This bill was heard in the Health Committee, where it passed on a 17-1 vote on March 25, 2014. REGISTERED SUPPORT / OPPOSITION : Support Social Compassion in Legislation Cabrillo Kennel Club Opposition None on file Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958