Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-22 - FOOD ESTABLISHMENT SANITATION › Section 420-3-22-.06 - Physical Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Application
- The provision of section 6-202.14 of the document
			 entitled 2013 edition of the United States Department of Health and Human
			 Services Food Code for self-closing doors on toilet rooms shall not apply to
			 toilet rooms used by children in child day care centers.
(2)
Allowance of a pet dog in an
			 outdoor dining area -
A pet dog that is under the control of a person
			 shall be permitted in an outdoor dining area of a food service establishment if
			 all of the following conditions are met:
(a)
			 The owner of the food service establishment elects to allow pet dogs in its
			 outdoor dining area. To evidence this election, the owner of the food service
			 facility shall file for a waiver with the department stating they will adhere
			 to the rules.
(b) A separate
			 outdoor entrance is present where the pet dog can enter without going through
			 the food service establishment to reach the outdoor dining area. At no time may
			 pet dogs be permitted to travel through the indoor or non-designated outdoor
			 portions of the food establishment.
(c) A prominent sign is displayed sufficient
			 to put the public on notice that the designated outdoor dining area is
			 available for the use of patrons with pet dogs.
(d) A pet dog is not allowed on the chairs,
			 benches, seats, or other fixtures in the outdoor dining area of the food
			 service establishment.
(e) The
			 outdoor dining area is not used for food preparation or the storage of
			 utensils.
(f) The designated
			 outdoor dining area where pet dogs are allowed is at least 12 feet away from
			 any bar or area where beverages are prepared.
(g) A food service establishment employee
			 refills beverages from a pitcher or other container at the table in the outdoor
			 dining area where pet dogs are allowed.
(h) The outdoor dining area is well
			 maintained, kept clean, and all surfaces that have been contaminated by pet dog
			 excrement or other pet dog bodily fluids are properly cleaned and sanitized
			 immediately.
(i) The pet dog is
			 kept on a leash or confined in a pet carrier at all times and is kept under the
			 control of the person possessing the pet dog.
(j) The food service establishment ensures it
			 is in compliance with all local ordinances related to sidewalks, public
			 nuisances, and sanitation.
(k) A
			 food service establishment employee is prohibited from having direct contact
			 with a pet dog in the outdoor dining area while on duty.
(l) A food service establishment employee who
			 violates subdivision (k) shall wash his or her hands as required by food safety
			 regulations immediately.
(m) All
			 live animals are prohibited from being inside a food establishment, except as
			 provided by the applicable regulations of the federal Food and Drug
			 Administration, and except as follows:
1.
			 Service dogs which are individually trained to provide assistance to an
			 individual with a disability.
2.
			 Dogs under the control of a uniformed law enforcement officer acting within the
			 course and scope of his or her duties.
(n) Emotional support animals are not service
			 dogs within the meaning of the Americans with Disabilities Act and are
			 therefore expressly prohibited from being inside a food service
			 establishment.
(o) The food service
			 establishment prepares written procedures that include:
1. A diagram of the outdoor area to be
			 designated as available to consumers with pet dogs.
2. The establishment's procedure for assuring
			 that employees do not touch, pet, or otherwise handle pet dogs.
3. The establishment's procedure describing
			 the location of materials and equipment necessary for the immediate clean up of
			 accidents involving dog waste.
4.
			 The establishment's procedure for notifying employees and consumers of the
			 requirements of this paragraph.