NEWS: Wake Interprets State Rules, Sets Policy

8/24/2009

Wake County Attorney Scott Warren today issued a formal opinion for Wake County regarding state rules governing the sanitation of food service establishments, stating that 15A NCAC 18A.2633, does not, in and of itself, ban dogs from outside seating areas.

An article in the News and Observer on Friday, August 21, 2009, raised questions about dogs accompanying their owners to restaurants and County enforcement of state sanitation regulations.

"As written, it’s my opinion that the primary intent (of the rule) is to keep animals out of kitchen areas where food is prepared, and out of pantry areas where food is stored," said Warren. "And so, unless protected by some federal law, the restaurant decides for itself whether or not to allow dogs on patio areas."

Inspections staff will be briefed on this development and share the information with food service establishments.

In the absence of an opinion from the attorney general's office or a court ruling on a state regulation, counties, cities and towns have the responsibility to interpret rules that are subjective or arbitrary. "Sometimes the rules can be vague," said County Manager David Cooke, "that’s when local governments have an opportunity to establish a policy that fits the community and still protects the public's health."

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