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California Health and Safety Code Section 114259.5

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 114259.5

(a) Except as specified in subdivision (b), live animals
may not be allowed in a food facility.
   (b) Live animals may be allowed in any of the following situations
if the contamination of food, clean equipment, utensils, 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) Animals intended for consumption if the live animals are kept
separate from all food and utensil handling areas, are held in
sanitary conditions, are slaughtered in a separate room designed
solely for that purpose and separated from other food and utensil
handling areas, and maintained in an area that has ventilation
separate from food and utensil handling areas.
   (3) Dogs under the control of a uniformed law enforcement officer
or of uniformed employees of private patrol operators and operators
of a private patrol service who are licensed pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, while those employees are acting within the course
and scope of their employment as private patrol persons.
   (4) In areas that are not used for food preparation and that are
usually open for consumers, such as dining and sales areas, service
animals that are controlled by a disabled employee or person, if a
health or safety hazard will not result from the presence or
activities of the service animal.
   (5) Pets in the common dining areas of restricted food service
facilities at times other than during meals if all of the following
conditions are satisfied:
   (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.
   (C) Dining areas including tables, countertops, and similar
surfaces are effectively cleaned before the next meal service.
   (6) 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 restricted, such as in a variety store
that sells pets or a tourist park that displays animals.
   (7) If kept at least 20 feet (6 meters) away from any mobile food
facility, temporary food facility, or certified farmers' market.
   (c) Those persons and operators described in paragraphs (3) and
(4) are liable for any damage done to the premises or facilities by
the dog.
   (d) Live or dead fish bait may be stored if contamination of food,
clean equipment, utensils, linens, and unwrapped single-use articles
cannot result.

Last modified: February 13, 2012