Full Statute Name:  Baldwin's Ohio Revised Code Annotated. Title XXXVII. Health--Safety--Morals. Chapter 3717. Retail Food Establishments; Food Service Operations. General Provisions. 3717.14 Dogs in outdoor dining area of retail food establishment or food service operation

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Primary Citation:  R.C. § 3717.14 Country of Origin:  United States Last Checked:  April, 2019 Alternate Citation:  OH ST § 3717.14 Date Adopted:  2018
Summary: This Ohio law, enacted in 2018, allows a retail food establishment or food service operation to allow patrons to bring dogs to outdoor dining area of the establishment or operation in accordance with this section. The establishment who allows dogs must do the following: (1) adopt a policy that requires patrons to control their dog, whether with a leash or otherwise, while the dog is in the outdoor dining area; (2) not allow the person to take the dog into the outdoor dining area through any of the establishment's or operation's indoor areas; and (3) comply with sanitation and other standards of Ohio codes. Dogs brought to outdoor dining areas must be properly vaccinated in accordance with state and local laws.

(A)(1) A retail food establishment or food service operation may allow a person to bring a dog in an outdoor dining area of the establishment or operation in accordance with this section.

However, if the dog is a service animal, no establishment or operation shall refuse to allow the dog in the outdoor dining area unless such refusal is authorized under federal and state laws governing service animals.

(2) The director of agriculture and the director of health shall adopt rules allowing dogs in an outdoor dining area of a retail food establishment or food service operation. The rules shall include authorization for the directors to prohibit dogs in an outdoor dining area of an establishment or operation during a public health emergency.

(B) If an establishment or operation allows a person to bring a dog in an outdoor dining area of the establishment or operation, the establishment or operation shall do all of the following:

(1) Adopt a policy that requires patrons to control their dog, whether with a leash or otherwise, while the dog is in the outdoor dining area. The establishment or operation shall enforce the policy adopted under division (B)(1) of this section.

(2) Not allow the person to take the dog into the outdoor dining area through any of the establishment's or operation's indoor areas;

(3) Comply with both of the following:

(a) All sanitation standards established in the Ohio uniform food safety code other than those standards that prohibit dogs in an outdoor dining area of an establishment or operation;

(b) Any other standard established under this chapter.

(C) No person shall bring a dog in an outdoor dining area of an establishment or operation if the dog is not properly vaccinated in accordance with all state and local laws.

(D) As used in this section, “service animal” means any dog that is individually trained for the benefit of an individual with a disability to do work or perform tasks that are directly related to the individual's disability.

CREDIT(S)
(2018 H 263, eff. 10-29-18)


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