Section 25-A3214. PHYSICAL FACILITIES - PROHIBITING ANIMALS

 

3214.1Except as otherwise permitted in §§ 3214.2 and 3214.3, live animals shall not be allowed on the premises of a food establishment. Pf 

 

3214.2Live animals are permitted in the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result: 

 

(a)Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or  under refrigeration, and shellfish and crustacea in display tank systems;

 

(b)Patrol dogs accompanying police or security officers in offices and dining,  patio, sales, and storage areas, and sentry dogs running loose in outside  fenced areas;

 

(c)In areas that are not used for food preparation and that are usually open for  customers such as dining, patio, 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;

 

(d)Pets in the common dining and patios 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: 

 

(1)Effective partitioning and self-closing doors separate the common  dining and patio areas from food storage or food preparation areas;

 

(2)Condiments, equipment, and utensils are stored in enclosed  cabinets or removed from the common dining and patio areas when  pets are present; and

 

(3)Dining and patio areas, including tables, countertops, and similar  surfaces are effectively cleaned before the next meal service; and 

 

(e)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.

 

3214.3Live or dead fish bait may be stored if contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result.

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6324-25 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).