Public Health Question

Presented By
Monmouth County Regional Health Commission No. 1

April, 2018

 Are there circumstances in which animals are allowed in retail food establishments?

Answer:

 Yes, under specifically defined circumstances (as defined in N.J.A.C. 8:24-6.5), live animals may be allowed if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result. These circumstances are:

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

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

In areas not used for food preparation (such as dining and sales areas), service animals such as guide dogs that are trained to assist an employee or other person who is handicapped, are controlled by the handicapped employee or person, and are not allowed to be on seats or tables (see below);

Pets in the common dining areas of group residences at times other than during meals if effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas.

Under the federal Americans with Disabilities Act, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. The ADA does NOT require that the dog be professionally trained, and it does NOT require that the service dog wear a vest, ID tag, or specific harness. The retail food establishment operator or staff may ask only two specific questions of a person in situations where it is not obvious that the dog is a service animal:

1) Is the dog a service animal required because of a disability?

2) What work or task has the dog been trained to perform?