House Bill 1548

AN ACT TO AUTHORIZE RESTAURANTS AND OTHER RETAIL FOOD FACILITIES THAT REQUIRE A FOOD PERMIT FROM THE STATE DEPARTMENT OF HEALTH TO ALLOW PET DOGS TO BE PRESENT AT THE RESTAURANT OR FOOD FACILITY UNDER CERTAIN CONDITIONS; TO PROVIDE THAT A RESTAURANT OR FOOD FACILITY THAT WISHES TO ESTABLISH A DINING AREA WHERE PET DOGS ARE PERMITTED MUST FIRST SUBMIT AN APPLICATION TO THE DEPARTMENT; TO PROVIDE THAT A RESTAURANT OR FOOD FACILITY SHALL NOT BE REQUIRED TO APPLY FOR OR OBTAIN A VARIANCE FROM THE FOOD CODE USED BY THE DEPARTMENT, OR TO PAY AN INSPECTION FEE OTHER THAN THE REGULAR ANNUAL INSPECTION FEE, IN ORDER TO ALLOW PET DOGS TO BE PRESENT AT THE RESTAURANT OR FOOD FACILITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A restaurant or other retail food facility that requires a food permit from the State Department of Health may allow pet dogs to be present at the restaurant or food facility as provided in this section.

(2) In order for a restaurant or other retail food facility to allow pet dogs to be present at the food facility, the restaurant or food facility must comply with the following conditions:

(a) Pet dogs shall not be allowed to be present in the interior of a restaurant or food facility or in a nondesignated outdoor area of the restaurant or food facility, with the exceptions of service animals.

(b) A restaurant or food facility must establish a separate outside entrance to the designated outdoor dog-friendly area.

(c) A restaurant or food facility must have proper signage at the entrance of all dining areas stating that the restaurant or food facility is dog-friendly and has a designated outdoor area for pet dogs, dogs are only allowed in the designated outdoor area, and dogs may only access the designated outdoor area from an outside entrance.

(d) All dishes, utensils and other tableware used in the dog-friendly area must be disposable single-service or single-use.

(e) Pet dogs shall not be allowed to come in contact with serving dishes, utensils, tableware, linens or any other items involved in food service operations.

(f) Pet dogs must be kept on a leash and under reasonable control at all times, and employees may not touch or handle the dog. Employees who do come into contact with a pet dog must immediately wash their hands.

(g) Any accident involving dog waste must be cleaned up immediately and the area sanitized with appropriate products provided by the restaurant or food facility.

(3) A restaurant or food facility may deny service to a pet owner who fails to exercise reasonable control over the pet dog, or if the dog behaves in a manner that compromises the health or safety of any person in the restaurant or food facility.

(4) A restaurant or food facility that wishes to establish a dining area where pet dogs are permitted must first submit an application to the State Department of Health. After the department receives the application, the department shall perform an inspection of the facility to ensure that dog-friendly requirements of this section are met. Restaurants and food facilities with dog-friendly dining areas shall be inspected at least twice a year. A restaurant or food facility shall not be required to apply for or obtain a variance from the Food Code used by the department, or to pay an inspection fee other than the regular annual inspection fee, in order to allow pet dogs to be present at the restaurant or food facility.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.