Legal Question in Business Law in California

Yes. Health & Safety Code � 114259.5 provides:

(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.

For more information see ocfoodinfo.com .

A "food facility" as defined in the Health & Safety Code: is thus defined: 113789. (a) "Food facility" means an operation that stores,

prepares, packages, serves, vends, or otherwise provides food for

human consumption at the retail level, including, but not limited to,

the following:

(1) An operation where food is consumed on or off the premises,

regardless of whether there is a charge for the food.

(2) Any place used in conjunction with the operations described in

this subdivision, including, but not limited to, storage facilities

for food-related utensils, equipment, and materials.

(b) "Food facility" includes permanent and nonpermanent food

facilities, including, but not limited to, the following:

(1) Public and private school cafeterias.

(2) Restricted food service facilities.

(3) Licensed health care facilities.

(4) Commissaries.

(5) Mobile food facilities.

(6) Mobile support units.

(7) Temporary food facilities.

(8) Vending machines.

(9) Certified farmers' markets, for purposes of permitting and

enforcement pursuant to Section 114370.

(10) Farm stands, for purposes of permitting and enforcement

pursuant to Section 114375.

(c) "Food facility" does not include any of the following:

(1) A cooperative arrangement wherein no permanent facilities are

used for storing or handling food.

(2) A private home.

(3) A church, private club, or other nonprofit association that

gives or sells food to its members and guests, and not to the general

public, at an event that occurs not more than three days in any

90-day period.

(4) A for-profit entity that gives or sells food at an event that

occurs not more than three days in a 90-day period for the benefit of

a nonprofit association, if the for-profit entity receives no

monetary benefit, other than that resulting from recognition from

participating in an event.

(5) Premises set aside for wine tasting, as that term is used in

Section 23356.1 of the Business and Professions Code and in the

regulations adopted pursuant to that section, that comply with

Section 118375, regardless of whether there is a charge for the wine

tasting, if no other beverage, except for bottles of wine and

prepackaged nonpotentially hazardous beverages, is offered for sale

for onsite consumption and no food, except for crackers, is served.

(6) Premises operated by a producer, selling or offering for sale

only whole produce grown by the producer, or shell eggs, or both,

provided the sales are conducted on premises controlled by the

producer.

(7) A commercial food processing plant as defined in Section

111955.

(8) A child day care facility, as defined in Section 1596.750.

(9) A community care facility, as defined in Section 1502.

(10) A residential care facility for the elderly, as defined in

Section 1569.2.

(11) A residential care facility for the chronically ill, which

has the same meaning as a residential care facility, as defined in

Section 1568.01.