Proposals could bring Fido back to restaurants

A new public health regulation could allow dogs back on decks and outdoor eateries, but a Rehoboth legislator wants to make sure of it with state law.

“There's no guarantee that the regulation will allow dogs at outdoor restaurants. The language is confusing,” said Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach.

Schwartzkopf and hundreds of area dog lovers were outraged last summer when the Delaware Division of Public Health took a stand against dogs accompanying their owners to outdoor eateries. Public health officials cited regulations that prohibit pets from eating establishments because of potential food contamination.

A new regulation recently proposed by public health officials which will be discussed Jan. 16, 2020, during a Delaware Food Code public hearing would allow dogs in the designated outdoor space of a food establishment as long as there is no risk of food storage and preparation contamination. The dog must also be under control and pose no health or safety hazard, the proposed amendment reads.

Schwartzkopf filed House Bill 275 Aug. 30 after a few popular eateries stopped allowing dogs in outdoor spaces because of the public health regulation. Schwartzkopf said he expects to have his bill in committee on Jan. 15, the day after the 2020 legislative session begins Jan. 14.

“I'm moving forward with my legislation,” he said. “The language in my bill is clear-cut and easy to understand. With the wording of the regulation, you can have one interpretation, and someone else could have another interpretation.”

Schwartkopf's bill would let the individual food establishment decide whether to allow dogs. “This bill permits the owner of a beer garden or food establishment to permit leashed dogs on licensed outdoor patios of food establishment and in beer gardens,” the bill reads.

Jen Brestel, spokeswoman for the Division of Public Health, said public comment on the new proposed regulations ends Jan. 31, 2020, and the division welcomes comments. “It's possible that comments will lead us to revise or reverse the changes thus far, so the final rules may differ from what's been proposed,” she said.

The draft proposals are consistent with federal guidelines and public health best practices, she said.

Division of Public Health added new language related to dogs following last summer's public response to regulations prohibiting dogs from eateries. “Based on input from constituents, business owners and elected officials, DPH reevaluated its position, and drafted regulations and guidance to use moving forward,” Brestel said. “The guidance included limiting dogs to outdoor areas and providing best practices for establishments that choose to allow dogs in outdoor spaces of their establishments.”

The draft proposed regulations are posted on the Register of Regulations for review under Delaware Food Code Regulations.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit them to Alanna Mozeik by Friday, Jan. 31, 2020, at Division of Public Health, 417 Federal St., Dover, DE 19901; email Alanna.Mozeik@delaware.gov; or call 302 744-4951.

The timeline for when the new regulations would go into effect depends on how many comments are received. If need be, Brestel said, they could hold a second public hearing on the regulation.