Current through Register Vol. 41, No. 3, September 23, 2024
A. Except as
specified in subsections B , C, and D of this section, live animals may not be
allowed on the premises of a food
establishment.Pf
B. Live animals may be allowed in the
following situations if the contamination of food; clean equipment, utensils,
and linens; and unwrapped single-service and 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 and that are usually open for customers, such as dining and sales
areas, service animals that are controlled by the disabled employee or person,
if a health or safety hazard will not result from the presence or activities of
the service animal;
4. Pets in the
common dining areas of institutional care facilities such as nursing homes,
assisted living facilities, group homes, or residential care facilities at
times other than during meals if:
a. Effective
partitioning and self-closing doors separate the common dining areas from food
storage or food preparation areas;
b. Condiments, equipment, and utensils are
stored in enclosed cabinets or removed from the common dining areas when pets
are present; and
c. Dining areas
including tables, countertops, and similar surfaces are effectively cleaned
before the next meal service;
5. In areas that are not used for food
preparation, storage, sales, display, or dining, in which there are caged
animals or animals that are similarly confined, such as in a variety store that
sells pets or a tourist park that displays animals; and
6. Dogs in outdoor dining areas if:
a. The outdoor dining area is not fully
enclosed with floor to ceiling walls and is not considered a part of the
interior physical facility.
b. The
outdoor dining area is equipped with an entrance that is separate from the main
entrance to the food establishment, and the separate entrance serves as the
sole means of entry for patrons accompanied by dogs.
c. A sign stating that dogs are allowed in
the outdoor dining area is posted at each entrance to the outdoor dining area
in such a manner as to be clearly observable by the public.
d. A sign within the outdoor dining area
stating the requirements as specified in subdivisions 6 e, f, and g of this
subsection is provided in such a manner as to be clearly observable by the
public.
e. Food and water provided
to dogs is served using equipment that is not used for the service of food to a
person or is served in single-use articles.
f. Dogs are not allowed on chairs, seats,
benches, or tables.
g. Dogs are
kept on a leash or within a pet carrier and under the control of an adult at
all times.
h. The establishment
provides effective means for cleaning up dog vomitus and fecal
matter.
C. A
dog may be allowed within a designated area inside or on the premises of,
except in any area used for the manufacture of food products, a distillery
licensed pursuant to §
4.1-206
of the Code of Virginia, a winery or farm winery licensed pursuant to §
4.1-207 of the Code
of Virginia, or a brewery or farm brewery licensed pursuant to §
4.1-208
of the Code of Virginia.
D. 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.
Statutory Authority: §
3.2-5121
of the Code of Virginia.