Full Title Name:  Oklahoma Administrative Code. Title 310. Oklahoma State Department of Health. Chapter 257. Food Establishments. Subchapter 11. Physical Facilities. 310:257-11-54. Prohibiting animals

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Country of Origin:  United States Citation:  OAC 310:257-11-54 Agency Origin:  Oklahoma State Department of Health Last Checked:  July, 2019 Date Adopted:  2006 Last Date Amended:  2016
Summary: This Oklahoma regulation relates to animals in food establishments. Subsection (d) states that dogs and cats may be allowed in outdoor dining areas, provided the dog or cat is controlled by the owner or handler of the animal and nine conditions are met. Among the conditions include a requirement for a separate entrance to the outdoor dining area, a prohibition on direct contact with the animals by employees, a process to keep the area clean from animal excrement, and a requirement that food and water receptacles for the animals be single-use, disposable containers.


(a) Except as specified in (b), (c) and (d) of this Section, live animals may 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-service and single-use articles can not 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; and

(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;

(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;

(d) Dogs and cats may be allowed in outdoor dining areas, provided the dog or cat is controlled by the owner or handler of the animal and the following conditions are met:

(1) A separate entrance/exit is present where pets do not enter through the food establishment to reach the outdoors;

(2) No food preparation shall be allowed in the outdoor dining area, including the mixing of drinks and ice;

(3) Customer multi-use or reusable utensils such as plates, silverware, glasses, and bowls shall not be stored, displayed, or pre-set at the outdoor dining area;

(4) Food and water, either served or provided to the animal by the food establishment, shall only be distributed in single-use, disposable containers;

(5) Employees shall be prohibited from having direct contact with the animals;

(6) The outdoor dining area shall be cleanable, durable and constructed of impervious materials;

(7) The outdoor dining areas shall be maintained to remove and eliminate any animal excrement;

(8) In cases where animal excrement or other animal fluids (urine, saliva, vomit) are deposited, an employee shall immediately clean and sanitize the affected areas; and

(9) The outdoor dining area shall not be fully enclosed. Any fully enclosed dining area shall be considered a part of the interior of the facility.

Credits
[Source: Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 33 Ok Reg 1520, eff 9-11-16]

Current through rules published in Volume 36, Number 20 of the Oklahoma Register dated July 1, 2019.

 

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