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This entry was published on 2015-11-06
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Companion dogs at food service establishments
Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 8
§ 1352-e. Companion dogs at food service establishments. 1. Companion
dogs under the control of a person may be allowed in an outdoor dining
area at a food service establishment if all of the following conditions
are satisfied:

(a) the owner of the food facility elects to allow companion dogs in
its outdoor dining area or a designated portion of it, and subject to
any restrictions that the owner of the facility may establish;

(b) a separate outdoor entrance is present where companion dogs enter
without going through the food establishment to reach the outdoor dining
area and companion dogs are not allowed on chairs, benches, seats or
other fixtures;

(c) the outdoor dining area in which companion dogs are allowed is not
used for food or drink preparation or the storage of utensils. 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 companion dogs shall only be in
single-use disposable containers;

(e) food employees are prohibited from having direct contact with
companion dogs while on duty. A food employee who does have such
prohibited direct contact shall wash his or her hands as required by

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

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

(h) there is reasonable signage indicating that companion dogs are
allowed in the outdoor dining area or a designated portion of it. The
signage shall state that restrictions on companion dogs do not apply to
guide, hearing or service animals;

(i) the food facility owner ensures compliance with local ordinances
related to sidewalks, public nuisance and sanitation; and

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

2. This section shall not impair or diminish the right of an
individual to be accompanied by an animal where otherwise permitted by
law, including but not limited to the rights of people with disabilities
using guide, hearing or service animals.

3. For purposes of this section:

(a) "Food service establishment" shall mean any business which has
areas, including outdoor seating areas, in which food is sold for
on-premises consumption.

(b) "Companion dog" shall mean a domesticated dog accompanying an
individual or owner for the purpose of companionship or convenience of
such individual or owner, and shall not include guide, hearing or
service dogs.