§ 46.982. Limitations on animals.

 (a)  General. Live animals may not be allowed on the premises of a food facility, unless under an exception specified in subsection (b).

 (b)  Exceptions.

   (1)  Live animals may be allowed only in the following situations, and if the contamination of food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles cannot result:

     (i)   Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems.

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

     (iii)   Service animals that are controlled by the disabled employee or person, in areas that are not used for food preparation and that are usually open for customers (such as dining and sales areas), if a health or safety hazard will not result from the presence or activities of the service animal.

     (iv)   Pets in the common dining areas of institutional care facilities (such as nursing homes, assisted living facilities, group homes or residential care facilities) at times other than during meals if all of the following are accurate:

       (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.

       (C)   Dining areas including tables, countertops and similar surfaces are effectively cleaned before the next meal service.

     (v)   Caged animals or animals that are similarly restrained in areas that are not used for food preparation, storage, sales, display or dining, such as in a variety store that sells pets or a tourist park that displays animals.

   (2)  Live or dead fish bait may be stored if contamination of food, clean equipment, utensils and linens; and unwrapped single-service and single-use articles cannot result.