Animals in Food Establishments

The West Virginia General Assembly amended the legislative rule governing food establishments in 2023 to permit dogs in restaurants, provided all of the following public health controls are implemented:

• The establishment is licensed as a private club, restaurant, coffee shop, brew pub, or micro distillery

• Signage is present indicating that the establishment is dog-friendly

• The establishment has liability insurance for dog-related incidents

• Dogs are prohibited from entering any areas where food is being prepared

• A written procedure has been established and posted concerning dog accidents (poop, pee, or vomit) cleanup,

• Any area where a dog has an accident is cleaned and sanitized,

• Dog waste stations are available

• The dog owner will be asked to leave, if a dog creates a nuisance

  
  

Owner's Choice

Aside from service animals, allowing dogs is entirely the establishment owner's choice. Implementation of the public health controls is mandatory only if the owner chooses to permit dogs.

Non-Compliance

If an establishment is not dog-friendly, patrons must be politely asked to remove non-service dogs from the premises. The same rules apply to all areas under the control of the food establishment, including patios or decks.

Limiting Dogs

Voluntarily limiting dogs to outside seating can accommodate patrons with allergies or fears and facilitates easier cleanup (especially if inside areas are carpeted).

Rules for Dog-Friendly Areas

Owners may impose reasonable rules beyond state regulation, such as:

• Dogs are allowed only in outside areas

• All dogs must be on a leash

• Dogs may not be left unattended

• Dogs are not allowed on tables or chairs

• Dogs may not be fed on the premises

  
  

Employee and Patron Guidelines

Hand sanitizer on tables in dog-friendly seating is recommended, as dogs may not be left unattended for handwashing.

Employee Contact: To prevent contamination and bites, employees are recommended not to pet or handle patrons' dogs.

Dog Bites

In case of a dog bite, the establishment should:

• Obtain contact information for the dog owner and the person bitten

• Record a description of the dog and an account of the incident

• Communicate details to the local health department and county animal control officer

• Encourage the person bitten to seek medical attention

Service Animals (ADA Title II and III)

Service animals controlled by a disabled individual are permitted in areas open to customers (dining, sales) and areas not used for food preparation. Entry may only be refused if the animal poses a direct health or safety hazard.

• Definition: A service animal is a dog (or miniature horse, with reasonable modification) individually trained to perform work or tasks for an individual with a disability.

  Emotional support animals or pets are not service animals

• Inquiry: If the service is not obvious, inquiry is limited to two questions:

  • Is the dog a service animal required because of a disability? (You may not ask what the disability is)

  • What work or task has the dog been trained to perform?

• Identification: No identification, vest, or harness is required. The handler's verbal affirmation in response to the two permitted questions must be accepted.

• Care: The establishment is not required to provide food, water, or care for a service animal.

Other Animals

• Patrol/Sentry Dogs: Patrol dogs may accompany police/security officers in offices, dining, sales, and storage areas, provided food, clean equipment, or single-service articles cannot be contaminated. Sentry dogs may run loose in outside fenced areas.

• Fish Bait: Live or dead fish bait (worms, minnows, etc.) may be stored if contamination of food or food-contact surfaces cannot result.

• Permitted Exceptions: Fish in aquariums, and shellfish or crustacea kept on ice, under refrigeration, or in display tanks are permitted.