BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1965
AUTHOR: Yamada
AMENDED: May 5, 2014
HEARING DATE: June 25, 2014
CONSULTANT: Norring
SUBJECT : Outdoor dining facilities: pet dogs.
SUMMARY : Permits pet dogs under control of a person to be in
outdoor dining areas at food facilities, under certain specified
conditions. Clarifies that local governing bodies may prohibit
the presence of pet dogs in outdoor dining areas.
Existing law:
1.Establishes the California Retail Food Code (CRFC) to regulate
retail food safety, which is enforced by local environmental
health officers.
2.Prohibits live animals from being allowed in a food facility.
3.Permits live animals to be allowed in certain specified
situations, where contamination of food, clean equipment,
utensils, linens, and unwrapped single-use articles cannot
result, including the following:
a. Dogs under the control of a uniformed law
enforcement officer;
b. Service animals that are controlled by a
disabled employee or person in areas not used for food
preparation; and,
c. If kept at least 20 feet away from any mobile
food facility, temporary food facility, or certified
farmers' market.
4.Makes liable those persons and operators in 3a) and 3b) above
for any damages done to the premises or facilities by the dog.
This bill:
1.Clarifies that local governing bodies may prohibit the
presence of pet dogs in outdoor dining areas of food
facilities.
2.Permits pet dogs under the control of a person to be in an
Continued---
AB 1965 | Page 2
outdoor dining area, under the following conditions:
a. The owner of the food facility elects to allow
pet dogs in its outdoor dining area;
b. There is a separate outdoor entrance where
dogs enter without going through the food
establishment and pet dogs are not allowed on chairs,
benches, seats, or other fixtures;
c. The outdoor dining area is not used for food
or drink preparation, except that a food employee may
refill a beverage glass in the outdoor dining area
from a pitcher or other container;
d. Food and water provided to the dog is only in
single-use, disposable containers;
e. Food employees are prohibited from direct
contact with pet dogs while on duty and requires
handwashing if employee does come in contact with pet
dogs;
f. The outdoor dining area is maintained clean
and surfaces contaminated by dog excrement or other
bodily fluids are cleaned and sanitized; and,
g. The pet dog is on a leash or confined in a pet
carrier and is under the control of the pet owner;
and,
h. The food facility owner ensures compliance
with local ordinances, as specified.
FISCAL EFFECT : This bill has been keyed non-fiscal.
PRIOR VOTES :
Assembly Health: 17- 1
Assembly Local Government: 8- 0
Assembly Floor: 71- 1
COMMENTS :
1.Author's statement. According to the author, while the
outdoor areas of some restaurants are well-suited for
accommodating dog owners, state law still prohibits the
presence of most animals in food facilities and makes no
distinction based on their location in those facilities.
Under current statute, the legality of local ordinances or
guidelines allowing dogs in outdoor dining areas remains
dubious. This bill allows willing businesses to serve
customers and accommodate their dogs while still ensuring
public health by creating basic standards for permitting these
AB 1965 | Page
3
pets in outdoor areas. Allowing restaurants the flexibility to
serve patrons with their canine companions will give dog
owners more dining options, allow restaurants to serve new
clientele, and let public health inspectors focus on more
dangerous public health risks.
2.Local county guidelines. In December 2011, in response to the
advocacy of dog and restaurant owners, the Los Angeles County
Department of Public Health (LAC DPH) implemented guidelines
for the allowance of pet dogs in outdoor dining areas. These
guidelines are similar to those outlined in this bill,
including the following: a separate entrance for the outdoor
dining area; no food/drink preparation or utensil storage on
the patio; no employee-pet contact; pets are not allowed on
chairs, seats, or benches; and, immediate cleaning and
sanitization of areas where excrement or bodily fluids are
deposited. In an advisory bulletin, LAC DPH acknowledges that
the CRFC continues to prohibit live animals inside food
facilities, but also notes that local jurisdictions have
varying interpretations of the law. Ventura County
Environmental Health Division released a fact sheet on animals
in food facilities stating that the prohibition on animals
"does not apply to outdoor dining areas" as long as animals do
not go through the facility. There have been a number of other
county environmental and public health departments, including
Pasadena, Sacramento, and Santa Barbara, that have issued
guidelines for allowing dogs in outdoor dining areas or that
outdoor areas are not considered part of the food facility.
3.Public health implications. According to a 2013 study
published in the Journal of Environmental Health, entitled
Public Health Implications of Animals in Retail Food Outlets,
the overall public health risk is low as long as safety,
sanitation, and hygiene practices are stringently enforced.
However, this does not remove all risk. There is the potential
for serious illness, including asthma and allergic reactions.
According to the Allergy and Asthma Foundation of America,
between 15 percent and 30 percent of Americans are allergic to
dogs and cats. Twenty percent of dog allergen particles appear
to remain airborne over extended time periods. While it is
understood that pets carry bacteria and parasites, the
relative risk associated with pet and human interaction has
yet to be definitively proven. Thus, the 2013 Journal on
Environmental Health article states that policies should focus
on prevention and be tailored towards training food employees
AB 1965 | Page 4
on best hygiene practices associated with animals.
4.Prior legislation. AB 1252 (Committee on Health), Chapter 556,
Statutes of 2013, made numerous changes to the California
Retail Food Code, including clarifying that a service animal
in training qualifies as a service animal for purposes of the
CRFC and deleting a requirement that the work or tasks
performed by a service animal be directly related to an
individual's disability.
SB 144 (George Runner), Chapter 23, Statutes of 2006, repealed
and reenacted the California Uniform Retail Food Facilities
Law as the CRFC.
5.Support. Social Compassion in Legislation (SCL), the sponsor
of this bill, argues that many restaurants choose to allow
dogs on their patios already, although this remains illegal
due to outdated state laws. SCL further states that this state
law should be changed to support businesses and allow the
local jurisdictions to set their own policy on this issue. The
California Restaurant Association writes that a number of
county health departments have approved rules allowing each
restaurant to decide whether to allow dogs on their outdoor
patios.
SUPPORT AND OPPOSITION :
Support: Social Compassion in Legislation (sponsor)
Anything Canine
Cabrillo Kennel Club
California Restaurant Association
Jason Debus Heigl Foundation
League of California Cities
Sacramento Society for the Prevention of Cruelty to
Animals
Veggie Grill, Inc.
Oppose: None received.
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