Bill Text: NY A05956 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows companion dogs at food service establishments in outdoor dining areas in certain conditions.

Spectrum: Moderate Partisan Bill (Democrat 21-3)

Status: (Introduced - Dead) 2015-06-16 - substituted by s4327a [A05956 Detail]

Download: New_York-2015-A05956-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5956--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Health -- committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to  amend the public health law, in relation to outdoor seating
         areas at food service establishments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  1352-e to read as follows:
    3    S 1352-E. LIVE ANIMALS AT FOOD SERVICE ESTABLISHMENTS.  1.  EXCEPT  AS
    4  AUTHORIZED  IN THIS SECTION, OR AS OTHERWISE EXPRESSLY PERMITTED BY LAW,
    5  LIVE ANIMALS SHALL NOT BE ALLOWED IN A FOOD  SERVICE  ESTABLISHMENT,  AS
    6  DEFINED IN THE STATE SANITARY CODE.
    7    2. PET DOGS UNDER THE CONTROL OF A PERSON MAY BE ALLOWED IN AN OUTDOOR
    8  DINING  AREA  AT  A  FOOD  SERVICE ESTABLISHMENT IF ALL OF THE FOLLOWING
    9  CONDITIONS ARE SATISFIED:
   10    (A) THE OWNER OF THE FOOD FACILITY ELECTS TO ALLOW  PET  DOGS  IN  ITS
   11  OUTDOOR DINING AREA;
   12    (B)  A SEPARATE OUTDOOR ENTRANCE IS PRESENT WHERE PET DOGS ENTER WITH-
   13  OUT GOING THROUGH THE FOOD ESTABLISHMENT TO  REACH  THE  OUTDOOR  DINING
   14  AREA  AND  PET  DOGS  ARE NOT ALLOWED ON CHAIRS, BENCHES, SEATS OR OTHER
   15  FIXTURES;
   16    (C) THE OUTDOOR DINING AREA IS NOT USED FOR FOOD OR DRINK  PREPARATION
   17  OR  THE STORAGE OF UTENSILS. A FOOD EMPLOYEE MAY REFILL A BEVERAGE GLASS
   18  IN THE OUTDOOR DINING AREA FROM A PITCHER OR OTHER CONTAINER;
   19    (D) FOOD AND WATER PROVIDED TO PET DOGS SHALL ONLY  BE  IN  SINGLE-USE
   20  DISPOSABLE CONTAINERS;
   21    (E)  FOOD EMPLOYEES ARE PROHIBITED FROM HAVING DIRECT CONTACT WITH PET
   22  DOGS WHILE ON DUTY. A FOOD EMPLOYEE WHO DOES HAVE SUCH PROHIBITED DIRECT
   23  CONTACT SHALL WASH HIS OR HER HANDS AS REQUIRED BY LAW;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06812-03-5
       A. 5956--A                          2
    1    (F) THE OUTDOOR DINING AREA IS MAINTAINED CLEAN.  SURFACES  THAT  HAVE
    2  BEEN  CONTAMINATED  BY  DOG  EXCREMENT  OR  OTHER BODILY FLUIDS SHALL BE
    3  CLEANED AND SANITIZED;
    4    (G)  THE  PET  DOG  IS  ON A LEASH OR CONFINED IN A PET CARRIER AND IS
    5  UNDER THE CONTROL OF THE PET DOG OWNER;
    6    (H) THE FOOD FACILITY OWNER ENSURES COMPLIANCE WITH  LOCAL  ORDINANCES
    7  RELATED TO SIDEWALKS, PUBLIC NUISANCE AND SANITATION; AND
    8    (I) SUCH OTHER CONTROL MEASURES APPROVED BY THE ENFORCEMENT AGENCY ARE
    9  COMPLIED WITH.
   10    S 2. This act shall take effect immediately.