Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3310 - Prohibiting animals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
					 specified in subsections B and C of this section, live animals shall not be
					 allowed on the premises of a food
					 establishment.Pf
B. Live animals may be allowed in the
					 following situations if the contamination of food; clean equipment, utensils,
					 and linens; and unwrapped single-service and 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. Patrol dogs accompanying police or
					 security officers in offices and dining, sales, and storage areas, and sentry
					 dogs running loose in outside fenced areas;
3. In areas that are not used for food
					 preparation and that are usually open for customers, such as dining and sales
					 areas, service animals that are controlled by the disabled employee or person
					 if a health or safety hazard will not result from the presence or activities of
					 the service animal;
4. Pets in the
					 common dining areas of institutional care facilities such as nursing homes,
					 assisted living facilities, group homes, residential care facilities, and bed
					 and breakfast operations at times other than during meals if:
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; and
c.
					 Dining areas including tables, countertops, and similar surfaces are
					 effectively cleaned before the next meal service;
5. 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; and
6. Dogs in outdoor dining areas if:
a. The outdoor dining area is not fully
					 enclosed with floor to ceiling walls and is not considered a part of the
					 interior physical facility;
b. The
					 outdoor dining area is equipped with an entrance that is separate from the main
					 entrance to the food establishment and the separate entrance serves as the sole
					 means of entry for patrons accompanied by dogs;
c. A sign stating that dogs are allowed in
					 the outdoor dining area is posted at each entrance to the outdoor dining area
					 in such a manner as to be clearly observable by the public;
d. A sign within the outdoor dining area
					 stating the requirements as specified in subdivisions 6 e, 6 f, and 6 g of this
					 subsection is provided in such a manner as to be clearly observable by the
					 public;
e. Food and water provided
					 to dogs is served using equipment that is not used for service of food to
					 persons or is served in single-use articles;
f. Dogs are not allowed on chairs, seats,
					 benches, or tables;
g. Dogs are
					 kept on a leash or within a pet carrier and under the control of an adult at
					 all times; and
h. Establishment
					 provides effective means for cleaning up dog vomitus and fecal
					 matter.