Is it OK if I bring my dog to the farmers market? Here’s what California law allows

Are you planning a trip to a California farmers’ market? Wondering if your pets can tag along?

Here’s what California law says about pets in farmers’ markets and the exceptions:

Are pets allowed at California farmers’ markets?

It depends.

With some exceptions, California law does not allow pets into food facilities, including places that prepare, package, serve, vend, or otherwise provide foods for human consumption.

According to California Health and Safety Code 114259.5, live animals can be allowed in a food facility under any of the following conditions as long as food contamination isn’t a risk:

• Edible or decorative fish in aquariums or under refrigeration
• Animals planned for eating if kept separate in sanitary conditions away from all food and utensil handling areas
• Dogs under the control of a uniformed law enforcement officer
• Open areas that are not used for food preparation, such as dining areas in restaurants. However, the owner of the facility can choose to not allow pets in the outdoor dining area.
  
  
• Pets in the common dining areas of restricted food service facilities at times other than during meals
• In areas that are not used for food preparation, storage, sales, display or dining
• If kept at least 20 feet away from any mobile food facility or temporary food facility

This law applies to certified farmers’ markets. Pets must be kept at least 20 feet away.

What are the exceptions?

Federal law allows service animals into food facilities, including certified farmers’ markets.

“Certified Farmers’ Markets are Health Department permitted food facilities and therefore dogs and other animal pets are restricted or not allowed,” the Certified Farmers’ Markets website says.

When visiting a farmers’ market in California with your pet, you might be told that only service animals are allowed.

The Americans with Disabilities Act of 1990 defines a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”

An emotional support pet is not a service animal. Anyone who fraudulently misrepresents a service animal can be guilty of a misdemeanor.

While the law states pets kept at least 20 feet away from a certified farmers’ market, some markets promote themselves as pet-friendly — with regulations.

For example, the Midtown Farmers Market in Sacramento is a dog-friendly event.

Dogs must be kept on a leash at all times and have their waste picked-up.

“Dogs must also be kept at least 20 feet away from all agricultural producer and food vendor booths,” the farmers’ market website says.

Ismael Lepe Jones, the Senior Manager of Events and Markets for the Midtown Association, said “enforcement is rarely an issue.”

“With so many dog-friendly patios and local businesses in Midtown, our Midtown Farmers Market shoppers are very respectful of the pet-friendly rules,” Jones wrote in an email to The Sacramento Bee.

If someone is not complying with the pet regulations, Jones said “a simple verbal reminder is all that is needed.”

To help shoppers follow market rules, Jones said the market offers free pet waste bags by the information tent on the corner of 20th and K Streets.

Other markets in California enforce strict no-dog policies. These include the Downtown SLO Farmers’ Market in San Luis Obispo and the Modesto Certified Farmers Market, according to their websites.

Alchemist Community Development Corporation, a non-profit organization in Sacramento, operates three farmers’ markets in the area.

Sam Greenlee, executive director for the organization, said a strict no-pet policy is enforced at the organization’s markets, with the service-animal exception.

If someone brings a dog, Greenlee said “staff will politely inform them of the law and ask whether the dog is a service animal needed because of a disability.”

To determine if a dog is a service animal, the ADA says personnel can ask these questions:

• Is the dog a service animal required because of a disability?
• What work or task has the dog been trained to perform?

The ADA says you cannot:

• Ask about an individual’s disability
• Require proof that the animal is a certified service animal
• Require the animal’s identifying vest or tag
• Ask that the dog show its abilities

“If the dog is not a service animal, our staff will generally identify the most pleasant resting area outside of the market boundaries and let the customer know they may wait there,” he said.

Greenlee said this often leads to verbal abuse from customers.

“I speak frequently with a large group of market operators throughout the state and market staff consistently have customers who respond very poorly to the policy without understanding that it is not up to the markets,” he said.

What is a certified farmers’ market?

A certified farmers’ market is place approved by the county agricultural commissioner where farmers and producers can sell their agricultural products directly to the public without packaging regulations, according to the California Department of Food and Agriculture.

Only certified producers, nonprofit organizations, or local government agencies can operate these markets.

The certificate specifies the location, months, days and hours of operation for selling these products. Once the farmers’ market is certified by the county agricultural commissioner, the market operator is responsible for all operational aspects, including legal, financial and regulatory requirements.

Is my local farmers’ market certified?

There are about 655 certified farmers’ markets in California.

Here’s a list of certified farmers’ markets across California, as of April 1.

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This story was originally published May 18, 2024 at 5:30 AM with the headline "Is it OK if I bring my dog to the farmers market? Here’s what California law allows."

Angela Rodriguez

The Modesto Bee

279-386-2738

Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.