As the weather gets warmer, people are enjoying the outdoors with their furry friends. However, your local farmers market might not be one of those places. Let’s talk about the reasons some markets ban pets and how to keep people safe if yours allows them.
Some pet bans are being implemented at a state level like California’s Health & Safety Code 114259.5, while others are the policy of individual farmers markets. The federal Americans with Disabilities Act (ADA) exempts service dogs from this state prohibition, defined as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. Emotional support dogs that provide comfort do not qualify as service animals under the ADA, and misrepresenting pets as service is punishable under penal code.
The bans or increased regulations come down to three main reasons: premise liability, food safety, and accessibility.
In a space like a farmers market, it can be difficult to determine who is at fault for an injury. Some farmers markets require their vendors to have liability insurance for situations like this. The Center for Agriculture & Food Systems explains that farmers markets can be held responsible for injuries that occur on property they don’t own. Legally, if the farmers market creates a situation that draws people into or across hazardous situations, that can create liability for the market. Farmers markets have options to resolve these situations. They can put up signs or appoint a volunteer to let folks know about a hazard issue. Farmers markets should work closely with their insurers to identify means of reducing risk, as it’s not possible to control all sources of potential liability.
Food safety is also a concern when having animals at the farmers market. The Produce Safety Rule (PSR) is one of the seven food safety regulations that are part of the Food Safety Modernization Act (FSMA). The PSR sets a series of standards for safe growing, harvesting, packing, and holding of produce grown for human consumption. The FDA requires that reasonable and practical measures be taken to ensure that wild and domesticated animals do not become a source of contamination. At a local level, the City of Philadelphia has a long-standing policy under Chapter 46 of its Health Code, which states that live animals, such as pets, are not permitted in food facilities.
Accessibility for those with disabilities is also a factor when considering pets in these spaces. The Headhouse farmers market in Philadelphia sighted this reason in their dog ban. Given the narrow walkway, plus heavy foot traffic during busy seasons, dogs and leashes ultimately contribute to the clogging of walkways, making it challenging for people who use wheelchairs or walking assistance devices to navigate the market. They noted several customers have lost their balance or been injured by a well-meaning dog at the market.
While some markets in Pennsylvania, California, Wisconsin, Minnesota, and Michigan have banned dogs altogether, there are safety recommendations to keep in mind if your market does permit dogs. The Service Dog Certifications outlines these crucial tips to ensure a positive experience.
Safety Tips and Considerations for Bringing Your Dog
Watch for Food on the Ground:
Farmers markets can be full of tempting smells and dropped pieces of food. Keep an eye out to prevent your dog from eating something harmful.
Respect Vendor Spaces:
Ask for permission before allowing your dog to approach a vendor’s stall, especially if they sell food. Some vendors may have concerns about dogs near their products.
Leash and Control:
Keep your dog on a short, non-retractable leash for better control.
Consider Timing:
Farmers markets can get very busy. Visiting during less crowded times can reduce stress for your pet.
Know Your Dog:
Farmers markets can be difficult to walk around when they get full. Only bring dogs that are comfortable and well-behaved in crowded environments.
Preparation is Key:
Bring water, a bowl, and waste bags to address your dog’s needs.
Be Mindful of the Weather:
Protect your dog from hot pavements and cold conditions as necessary.
Monitor Your Dog’s Comfort:
Watch for signs of stress and be ready to leave if your dog is not coping well.