Health

MN - Restaurants - 157.175. Dogs; outdoor food and beverage service establishments

Summary: This Minnesota law allows a statutory or home rule charter city to adopt an ordinance permitting food and beverage service establishments to allow dogs to accompany persons patronizing designated outdoor areas. The law describes the permitting process that establishments must first undergo. At a minimum, the ordinance must include the following five requirements, which must be posted conspicuously on a sign at the premises: (1) employees must be prohibited from touching, petting, or otherwise handling dogs; (2) employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; (3) patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control; (4) dogs must not be allowed on chairs, tables, or other furnishings; and (5) dog waste must be cleaned immediately and the area sanitized.

This Minnesota law allows a statutory or home rule charter city to adopt an ordinance permitting food and beverage service establishments to allow dogs to accompany persons patronizing designated outdoor areas. The law describes the permitting process that establishments must first undergo. At a minimum, the ordinance must include the following five requirements, which must be posted conspicuously on a sign at the premises: (1) employees must be prohibited from touching, petting, or otherwise handling dogs; (2) employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; (3) patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control; (4) dogs must not be allowed on chairs, tables, or other furnishings; and (5) dog waste must be cleaned immediately and the area sanitized.

Colombia, LEY 1774, 2016

Summary: This law modifies the Animal Protection Statute Ley 84, 1989 by modifying the Civil Code and the Criminal Code. Ley 1774 changes the status of the animals in the legal system, by declaring that all animals are ‘sentient beings’, subject to special protection against pain and suffering. The duty of animal protection, is established as a collective responsibility where the government and the citizens are required to assist and protect animals. Citizens have the duty to report when an animal is being subject to cruelty.

This law modifies the Animal Protection Statute Ley 84, 1989 by modifying the Civil Code and the Criminal Code. Ley 1774 changes the status of the animals in the legal system, by declaring that all animals are ‘sentient beings’, subject to special protection against pain and suffering. The duty of animal protection, is established as a collective responsibility where the government and the citizens are required to assist and protect animals. Citizens have the duty to report when an animal is being subject to cruelty.

CA - Restaurant - § 114259.5. Live animals

Summary: In 2014, California added amendments to its law on "Live Animals" in the Retail Food Code related to pet dogs in outdoor dining areas. If a food establishment owner allows it, patrons may bring their pet dogs to an outdoor dining area if requirements are met. Like other states, there must be an outdoor entrance, employees must wash hands if they touch the dogs, dogs must be leashed and under control, pet waste must be properly dealt with, and "food and water provided to pet dogs shall only be in single-use disposable containers." This last provision is interesting because it considers the needs of the canine customers.

In 2014, California added amendments to its law on "Live Animals" in the Retail Food Code related to pet dogs in outdoor dining areas. If a food establishment owner allows it, patrons may bring their pet dogs to an outdoor dining area if requirements are met. Like other states, there must be an outdoor entrance, employees must wash hands if they touch the dogs, dogs must be leashed and under control, pet waste must be properly dealt with, and "food and water provided to pet dogs shall only be in single-use disposable containers." This last provision is interesting because it considers the needs of the canine customers.

RI - Restaurant - § 21-27-12. Outdoor dining--Dogs permitted

Summary: Rhode Island has the newest law. In July of 2016, a law enabling restaurant owners to allow a patron's dog to accompany the patron in the outdoor dining area during the hours designated by the owner of the restaurant became effective. The law is very similar to Maryland's by giving the restaurateur the ability to regulate the size and type of dog entering the area. The owner may also deny entry to the restaurant and can eject any patron accompanied by a dog at his or her own discretion. Signage explaining the policy and rules must be visibly posted.

Rhode Island has the newest law. In July of 2016, a law enabling restaurant owners to allow a patron's dog to accompany the patron in the outdoor dining area during the hours designated by the owner of the restaurant became effective. The law is very similar to Maryland's by giving the restaurateur the ability to regulate the size and type of dog entering the area. The owner may also deny entry to the restaurant and can eject any patron accompanied by a dog at his or her own discretion. Signage explaining the policy and rules must be visibly posted.

FL - Restaurant - 509.233. Public food service establishment requirements; local exemption for dogs

Summary: Florida was one of the first states to enact a law on dogs in restaurants in 2006. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. Once the local exemption is passed, a restaurant can apply for a permit to allow dogs in the outdoor dining spaces. Certain things must be included in the ordinance such as a requirement that staff wash after touching pets, a rule that patrons keep dogs on leashes and under control, a prohibition against dogs on chairs, tables, or other furnishings, signs that list the rules for employees and patrons, and a clean-up station in the outdoor dining area. There are also reporting requirements by the local governments to the State of Florida under the law. The city or county must also have a system in place to document and respond to complaints.

Florida was one of the first states to enact a law on dogs in restaurants in 2006. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. Once the local exemption is passed, a restaurant can apply for a permit to allow dogs in the outdoor dining spaces. Certain things must be included in the ordinance such as a requirement that staff wash after touching pets, a rule that patrons keep dogs on leashes and under control, a prohibition against dogs on chairs, tables, or other furnishings, signs that list the rules for employees and patrons, and a clean-up station in the outdoor dining area. There are also reporting requirements by the local governments to the State of Florida under the law. The city or county must also have a system in place to document and respond to complaints.

FAQ: Dogs in Restaurants

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Summary: This FAQ explores what states have laws concerning dogs in outdoor dining area of restaurants. As of 2023, 23 states have laws or administrative regulations that allow patrons to bring pet dogs to outdoor dining spaces in restaurants. Some laws require that the local unit of government first enact an ordinance allowing the activity.

This FAQ explores what states have laws concerning dogs in outdoor dining area of restaurants. As of 2023, 23 states have laws or administrative regulations that allow patrons to bring pet dogs to outdoor dining spaces in restaurants. Some laws require that the local unit of government first enact an ordinance allowing the activity.

Animal Legal Defense Fund v. United States Department of Agriculture

Summary:

Foie gras is a food product made from the liver of a duck or goose. To create it, the duck or goose is force-fed a special mix of food which causes a large buildup of fat in the bird's liver. This gives the product its signature taste. Plaintiffs, Animal Legal Defense Fund, comprised of four animal rights organizations and three individuals. The Defendant, United States Department of Agriculture, comprised of the Food Safety and Inspection Services (FSIS), and two individuals. Plaintiff Animal Legal Defense Fund asked Defendant (FSIS) to initiate rulemaking under the Poultry Products Inspection Act (PPIA) “to exclude Foie gras from the food supply as an adulterated and diseased product.” They argued that the force-feeding process could cause infections and illnesses for the animals and the consumption of the birds could trigger the onset of illness and disease in humans. FSIS denied the petition to ban the food product. The Plaintiff Animal Legal Defense Fund then filed this action for judicial review. Defendant FSIS argued that the Plaintiffs lacked Article III standing, that the PPIA does not protect the interests asserted by the animal rights organizations, and that in any event, FSIS acted within its discretion in denying the petition. The United States District Court, C.D. California concluded that the Plaintiff, Animal Legal Defense Fund had standing to bring this action and that their interests fell within the “zone” of interests protected by the PPIA. However, the Court also held that Defendants, United States Department of Agriculture, did not act arbitrarily, capriciously, or contrary to law in denying the petition. Accordingly, the Court Granted the Defendants' Motion for Summary Judgment, and Denied Plaintiffs' Motion for Summary Judgment.

Foie gras is a food product made from the liver of a duck or goose. To create it, the duck or goose is force-fed a special mix of food which causes a large buildup of fat in the bird's liver. This gives the product its signature taste. Plaintiffs, Animal Legal Defense Fund, comprised of four animal rights organizations and three individuals. The Defendant, United States Department of Agriculture, comprised of the Food Safety and Inspection Services (FSIS), and two individuals. Plaintiff Animal Legal Defense Fund asked Defendant (FSIS) to initiate rulemaking under the Poultry Products Inspection Act (PPIA) “to exclude Foie gras from the food supply as an adulterated and diseased product.” They argued that the force-feeding process could cause infections and illnesses for the animals and the consumption of the birds could trigger the onset of illness and disease in humans. FSIS denied the petition to ban the food product. The Plaintiff Animal Legal Defense Fund then filed this action for judicial review. Defendant FSIS argued that the Plaintiffs lacked Article III standing, that the PPIA does not protect the interests asserted by the animal rights organizations, and that in any event, FSIS acted within its discretion in denying the petition. The United States District Court, C.D. California concluded that the Plaintiff, Animal Legal Defense Fund had standing to bring this action and that their interests fell within the “zone” of interests protected by the PPIA. However, the Court also held that Defendants, United States Department of Agriculture, did not act arbitrarily, capriciously, or contrary to law in denying the petition. Accordingly, the Court Granted the Defendants' Motion for Summary Judgment, and Denied Plaintiffs' Motion for Summary Judgment.

IL - Restaurant - 5/11-20-14. Companion dogs; restaurants

Summary: This law provides that a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with other Illinois health laws. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant. Under this law, "companion dog" means a dog other than one who is assisting a person with disability.

This law provides that a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with other Illinois health laws. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant. Under this law, "companion dog" means a dog other than one who is assisting a person with disability.