Texas Health Code On Dogs In Restaurants

Thursday, August 1, 2013

Texas Health Code On Dogs In Restaurants

Texas law generally prohibits dogs in restaurants. There are, however, exceptions

For years, Texas law was firm: no dogs at restaurants. The rules changed a few years ago to clarify the rules for restaurants and other public eating establishments. Today, cities and counties can create registries of dog-friendly restaurants.

The Texas Department of State Health Services oversees all rules and regulations for all public food establishments. According to Section 229.167(p)(15)(B) of the state's food establishment rules, dogs and other live animals are not allowed in Texas food establishments if there's the opportunity for contamination of food or the tools and surfaces used to prepare it. The only exception is a service animal. The state defines a service animal as a guide dog, patrol dog or sentry dog.

Public Dining Rooms at Institutional Care Facilities

Dogs have a high therapeutic value for residents and patients at nursing homes, rehabilitation centers and long-term care facilities. The state also regulates their presence in dining areas at these facilities.

According to Texas Food Establishment Rules Section 229.167(p)(15)(B)(iv), dogs may not be present in common dining areas of any institutional care facility unless the dining area and food preparation or storage areas are physically separated by self-closing doors. Condiments, utensils and other food service equipment and supplies must be stored in closed cabinets or removed when pets are present. The entire dining area must also be thoroughly cleaned between meals.

Restaurants at Tourist Parks

Texas health code also governs the presence of animals at a restaurants in tourist parks or other facilities where animals may be housed.

Section 229.167(p)(15)(B)(v) of the Texas health code states that dogs are not allowed in the eating areas at amusement parks or other public entertainment area where there is the risk of food contamination. This includes places where food is prepared, stored, sold, displayed or consumed. For their own safety, dogs (except for service animals) are prohibited from zoos or any other place where there are confined animals.

City and County Exceptions

In some Texas cities and counties, dogs are welcome at restaurants as long as the establishment can keep food preparation areas secured. This means that dogs may be allowed on patios, but not in dining rooms, cash register stands, dining rooms or restrooms.

Dallas, for example, requires any restaurant inviting dogs on the premises to apply for a special permit. Any permitted restaurant must also prominently display signs notifying all customers that dogs may be on the property.

In Austin and Travis counties, restaurants that welcome dogs must register with the county health and human services department.

Several online resources can help you find dog-friendly restaurants throughout Texas, including Yelp.com and BringFido.com.

Good Dogs Only

Texas has strict canine liability laws. If a dog meets one or more of the Texas dog bite liability rules, it's not welcome in a restaurant or any other public place. The Texas Health and Safety Code, Section 822.001-013, describes in detail an owner's legal responsibility for controlling his dog, as well as the state's recourse if the animal is found to be dangerous.

Even if your dog is not a biter, bad behavior can lead to banishment if the restaurant management determines that the canine is a nuisance to other patrons. Socialize your dog properly before bringing it to a restaurant. The dog should know and respect the sit-stay or down-stay commands. Keep the dog from jumping up against the edge of the table. Ask the restaurant management for a bowl of water. Bring treats or noiseless toys to keep the dog occupied while you're eating.

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