service Animals

There are many people who bring their family pet into grocery stores or restaurants and claim they are a service animal. As of January 2019, it is a civil misdemeanor to intentionally misrepresent a pet as a service animal. This misdemeanor comes with a $500 fine. The only animals that should be allowed in your facility are service animals. 

The definition, under the Americans with Disability Act (ADA), is “a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.” This means that service animals are working animals that have been trained to perform a specific task. They are not pets. An animal that provides emotional comfort is not considered a service animal as they do not perform a specific task. We do recognize that the ADA does allow psychiatric service animals. “If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal.”

A service animal is only allowed to be in areas where the public is allowed to go, and they must be kept in control by their owners. They are not required to be certified or trained by a specific program. They are also not required to wear identification. This makes it harder to identify a service animal. A popular concept is “Four on the floor”. This is the idea that service animals would always have all four paws on the floor unless they are performing a specific task. An example would be the person must carry the dog in a chest pack for that dog to perform their task

Under the ADA, you are only allowed to ask 2 questions to help you identify a service animal:

1. Is the service animal required because of a disability?
2. What work or task has the service animal been trained to perform?

You cannot ask someone about their disability or ask that the service animal demonstrate how they help that person. The best way to prepare is to understand the law, print out the questions you can ask and have information available for your other customers. We have a service animal poster for the public and a handout for employees. Find them on the Food Safety Educational Resources page of our website. The ADA also has a Frequently Asked Questions about Service Animals webpage.

The new food code does allow pet dogs in two situations. Under specific conditions, and under an approved plan, dogs can be allowed in outdoor seating areas. These conditions are important for preventing contamination and ALL the conditions must be met to safely allow dogs onto the premises. After health department notification, dogs are also now allowed inside establishments that only pour beverages produced in a licensed processing plant, such as beer or wine. There must be signs posted notifying customers that dogs are approved to come inside those establishments. The Washington State Department of Health has created a Pet Dogs on Premises template to help create plans. They also have pet dog signs to print. 

New food packaging laws

From coffee shops and cafeterias to restaurants and gas stations, food service often uses disposable products. While convenient, these products can create waste, add to pollution, and leach toxic chemicals into the environment. Some packaging designed to hold freshly prepared food can contain PFAS, a group of toxic chemicals. PFAS (per- and polyfluoroalkyl substances) are toxic chemicals sometimes used for greaseproof and waterproof coatings on food packaging. PFAS can cause health problems like higher cancer risk, weaker immune response, and lower birth weight. 

People can be exposed to PFAS when eating food from packaging that contains PFAS. Food packaging can also release PFAS into soil and groundwater where it builds up in animals, people, and plants. That’s why Washington passed a law prohibiting the manufacture, sale, and distribution of certain food packaging containing PFAS.

Washington has new requirements every food service establishment should know about. As of Feb. 1, 2023, certain types of food packaging were banned if they have PFAS intentionally added. These included wraps, plates, food boats and pizza boxes.

On May 1, 2024, the following products are also banned if they have PFAS intentionally added:

• Bags and sleeves.
• Bowls.
• Flat serviceware, including items like plates and trays.
• Open-top containers, like french fry cartons and food cups.
• Closed containers, like clamshells.

 Manufacturers of these products must certify their products comply with the law. If you’re purchasing these products, ask the manufacturer for their certificate of compliance. For more information, visit our PFAS in food packaging law webpage or email hwtrpubs@ecy.wa.gov.

 On June 1, 2024, expanded polystyrene food service products such as cups, plates, to-go clamshells, trays, food containers, and single-use coolers will be banned for sale and distribution in Washington. Expanded polystyrene (EPS), often mistakenly called Styrofoam™, is a type of foamed plastic used in takeout food containers and packing peanuts. While expanded polystyrene can be recycled, it is expensive and not accepted in most curbside recycling programs. For more information and a list of alternative products, visit the expanded polystyrene ban webpage or email epsban@ecy.wa.gov.