A1908

An Act concerning animals at outdoor dining facilities and supplementing P.L.1947, c.177 (C.26:1A-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Except as specified in subsections b. and c. of this section, live animals shall not be allowed on the premises of a food establishment.

b. Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and 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) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(3) In areas that are not used for food preparation, including dining and sales areas, service animals such as guide dogs that are trained to assist an employee or other person who has a disability, are controlled by the employee or person, and are not allowed to be on the seats or tables;

(4) Pets in the common dining areas of group residences at times other than during meals if effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas; if condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and if dining areas, including tables, countertops, and similar surfaces, are effectively cleaned before the next meal service; and

(5) Pet dogs under the control of a person in an outdoor dining area, provided that:

(a) the owner of the food establishment elects to allow pet dogs in the outdoor dining areas of the establishment;

(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, benches, seats, or other fixtures;

(c) the outdoor dining area is not used for food or drink preparation or the storage of utensils, except that food service employees of the establishment may refill beverage glasses from a pitcher or other container;

(d) food and water provided to pet dogs shall be in single-use disposable containers;

(e) food service employees are prohibited from having direct contact with pet dogs while on duty; a food service employee who does have such prohibited direct contact shall be required to wash the employee’s hands in accordance with State public health and sanitation requirements;

(f) the outdoor dining area is maintained clean, and surfaces that have been contaminated by dog excrement or other bodily fluids shall be cleaned and sanitized;

(g) the pet dog is on a leash or confined in a pet carrier and is under the control of the pet dog owner;

(h) the owner of the food establishment ensures compliance with local ordinances related to sidewalks, public nuisance, and sanitation; and

(i) other control measures approved by the enforcement agency are complied with.

c. Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.

2. This act shall take effect immediately.

STATEMENT

This bill permits dogs in the outdoor dining areas of food establishments, provided that certain conditions are met.

Specifically, the bill requires that: the owner of the food establishment has elected to allow pet dogs in the outdoor dining area; the outdoor dining area is accessible by pet dogs through a separate outdoor entrance without them passing through the interior of the establishment; pet dogs are not allowed on chairs, benches, seats, or other fixtures; the outdoor dining area is not used for food or drink preparation or storing utensils; food or water is only provided to pet dogs in single-use disposable containers; food service employees are prohibited from having direct contact with pet dogs and are required to wash their hands in the event they do make such contact; the outdoor dining area is maintained clean and any surfaces that have been contaminated by a dog are cleaned and sanitized; the pet dog is on a leash or confined in a pet carrier and is under its owner’s control at all times; the owner of the food establishment ensures compliance with local ordinances related to sidewalks, public nuisance, and sanitation; and any other control measures are complied with.

The bill additionally codifies the current requirements regarding the presence of live animals in food establishments as set forth at N.J.A.C.8:24-6.5, which prohibits live animals from being on the premises of food establishments except in certain limited circumstances where the contamination of food, clean equipment, utensils, linens, and unwrapped single-use articles cannot result. The exception applies to certain edible and decorative fish; shellfish and crustacea; live and dead fish bait; patrol dogs when accompanied by a police or security officer; outdoor sentry dogs; service dogs and guide dogs in areas that are not used for food preparation; and pets in the common areas of group residences, other than during mealtimes.