Full Statute Name:  McKinney's Consolidated Laws of New York Annotated. Public Health Law. Chapter 45. Of the Consolidated Laws. Article 13. Nuisances and Sanitation. Title VIII. Food Handling. § 1352-e. Companion dogs at food service establishments.

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Primary Citation:  McKinney's Public Health Law § 1352-e Country of Origin:  United States Last Checked:  January, 2024 Alternate Citation:  NY PUB HEALTH § 1352-e Date Adopted:  2015 Historical: 
Summary: This statute allows for companion dogs in an outdoor dining area at a food service establishment in the state of New York. The companion dogs are allowed at an outdoor dining area if the owner of the establishment allows companion dogs, a separate outdoor entrance is available for the companion dog to enter the dining area, and the outdoor area where the companion dog is allowed is not used for food or drink preparation. The statute also outlines a number of other requirements that the owner of the establishment and owner of the companion dog must follow in order to be in compliance with this statute.

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 law;

(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, hearingor service dogs.

(Added L.2015, c. 402, § 1, eff. Oct. 26, 2015.)

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