After reading this helpful article from the Sacramento Bee, “Is it OK if I bring my dog to the farmers market? Here’s what California law allows,” we were inspired to take a closer look at this common (and commonly adorable) situation of dogs shopping alongside their owners at markets and farmstands around the country. Here’s the basics.
The issue of dogs in places where food is served centers first on the Food Code. The Food Code is a body of regulations adopted by every state that governs how restaurants and other food establishments are licensed. The federal government publishes a model food code that inspires state-based regulations. In the Food Code, dogs (and all other pets and animals) are not allowed in food establishments and food facilities.
It’s easy to imagine dogs aren’t allowed in the kitchen of a restaurant. However, the regulations for a food establishment extend to all places where food is prepared or served for human consumption. However, the definition of a food establishment or facility can extend to an open-air farmers’ market or the patio of a restaurant, which means dogs can also be disallowed from farmers’ markets and farm stands.
In considering the baseline position that dogs are not allowed, some states have passed regulations specifically allowing dogs in outdoor food facilities such as restaurant patios. The Animal Legal and Historical Center has compiled this helpful list of places where dogs are allowed in outdoor dining areas of restaurants.
But let’s get back to the farmers’ market and roadside stand! Even if the food code allows dogs at a farmers’ market or farm stand, other rules can still restrict options. The farmers market may be required by the terms of its insurance policy to restrict access by dogs, out of concern that dogs can cause injury and property damage. The farmers’ market’s lease for the use of the property may require it to exclude dogs, again, out of concern that dogs can damage property and create liability concerns.
There are a number of different regulations that influence when and how canine companions show up to help owners spot the best produce at the market. But in all cases, service animals who are assisting individuals with disabilities are allowed in most all markets and farm vending environments. Market managers and vendors are also allowed to set and enforce rules that protect food and public safety including keeping dogs off chairs, requiring prompt waste disposal, and evicting unruly animals.