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,
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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
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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
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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
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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
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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