SENATE BILL 11

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO FOOD SERVICE ESTABLISHMENTS; ALLOWING PET DOGS IN DESIGNATED OUTDOOR DINING AREAS OF FOOD SERVICE ESTABLISHMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Food Service Sanitation Act is enacted to read:

     "[NEW MATERIAL] PET DOGS IN OUTDOOR DINING AREAS--REQUIREMENTS.--

          A. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met:

                (1) no pet dog shall be allowed in any area where food is prepared;

                (2) patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control;

                (3) employees shall wash their hands immediately after touching, petting or otherwise handling pet dogs;

                (4) pet dogs shall not be allowed on chairs, tables or other furnishings;

                (5) accidents involving pet waste shall be cleaned immediately and the area sanitized; and

                (6) a sign or signs shall be posted to place the public on notice that the designated outdoor dining area is available for the use of patrons with pet dogs.

          B. A food service establishment may in its discretion prohibit pet dogs in outdoor dining areas. If a food service establishment allows pet dogs in a designated outdoor dining area, the food service establishment shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant."

     SECTION 2. Section 25-1-4 NMSA 1978 (being Laws 1977, Chapter 309, Section 4) is amended to read:

     "25-1-4. BOARD--POWERS AND DUTIES.--The board shall promulgate procedural and substantive regulations consistent with the provisions of Section [12-12-13 NMSA 1953] 74-1-9 NMSA 1978 and shall include provisions for:

          A. requiring food service establishments to prepare and serve food in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness, and, to accomplish this standard, the following areas of food service establishment operations shall be covered by the regulations:

                (1) disease control;

                (2) employee hygiene and sanitation;

                (3) food service establishment premises sanitation;

                (4) all aspects of food service establishment construction relating to food service sanitation, including requirements for food service establishment construction plans and specifications review and approval by the [agency] division;

                (5) control of pests and infestation by pests;

                (6) lavatory and toilet facility placement and sanitation;

                (7) lavatory hygiene;

                (8) food equipment and utensil design and construction;

                (9) food equipment and utensil storage and handling;

                (10) liquid and solid waste disposal;

                (11) food and drink preparation, handling, display and storage;

                (12) food service establishment ventilation;

                (13) water supply;

                (14) itinerant food service establishment construction and operation; and

                (15) any other facet of food service operations that reasonably may be considered to pose an existing or potential hazard to the health of the consuming public; provided that no regulation shall prohibit food service establishments from allowing pet dogs in designated outdoor dining areas;

          B. the issuance, suspension and revocation of permits required under the Food Service Sanitation Act, which regulations shall provide for prior notice to and a hearing for any applicant for or holder of a permit when the [agency-proposed] division-proposed action is to deny an application for or suspend or revoke a permit, except in those specified instances under the provisions of the Food Service Sanitation Act when the [agency] division is authorized to take any of the foregoing actions without prior notice and hearing; and

          C. establishing requirements for inspections of food service establishments, which shall include provisions for inspections at a frequency of at least once every twelve months."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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