Animal Contact Exhibit Hand Sanitation Station Assessment 
Public Health Law Program 
Last Updated: March 24, 2017 


Animal Contact Exhibit Hand Sanitation Station Legal Assessment 
Research Procedure 


Table of Contents 
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Centers for Disease Control and Prevention 


’ | Office for State, Tribal, Local and Territorial Support 


Project Overview 


The Public Health Law Program (PHLP), located in the Office for State, Tribal, Local and Territorial Support 
(OSTLTS), assisted the National Center for Emerging and Zoonotic Infectious Diseases Division of Foodborne, 
Waterborne, and Environmental Diseases (DFWED) with an assessment of state animal contact exhibit laws 
related to hand sanitation stations. 


The project included the following tasks: 
1. Conduct a preliminary scan of science, laws, and policies related to state animal contact exhibit laws 


2. Collect state hand sanitation laws for the following categories of animal contact exhibits: 
a. Petting zoos 


b. Agricultural fairs 

c. County or state fairs 
d. Exotic animal exhibits 
e. Circuses 

f. Zoos 


2 


Draft a summary of state laws on the topic for publication on PHLP’s website 
4. Draft a summary of the legal assessment for publication in the Morbidity and Mortality Weekly 
Report 


Protocol 


Preliminary Research, Codebook, and Search Strings 


1. Conducted general searches for animal contact exhibit laws using WestlawNext in all states and the 
District of Columbia to get cursory overview of the organization and content of legal provisions and to 
brainstorm search terms. 

2. Created preliminary codebook with the topics of the assessment to guide research. The codebook was 
finalized after collection of laws was completed. See codebook section below. 

3. Developed and finalized search terms after consultation with public health subject matter experts. 


Collection of Laws 


1. Search: Conducted searches for state and DC statutes and regulations in WestlawNext. See research trail 
below for searches conducted. 

2. Check for relevance: Selected laws that were within the scope of our project and excluded others as 
outside of the scope of topics. See scoping and coding notes section below. 

3. Check if good law: Reviewed WestlawNext KeyCite status flags to determine the validity of law and 
included only laws that were good law. In statutes and regulations, a red flag indicates that the statute 
or regulation has been amended by a recent session law or rule, repealed, superseded, or held 
unconstitutional or preempted in whole or in part. A red flag indicated that additional research needs to 
be conducted on the provision to see if the relevant requirement has been affected. 

4. Document search process: Created research trail to reflect research process, including notes about 
search terms and scoping issues. 

5. Preservation: Preserved all statutes and regulations relevant to legal domain for each state from search 
results above. Laws were preserved in pdf format in PHLP’s shared drive. 


Analysis and Coding Laws 


1. Coding: After relevant laws were collected, they were reviewed, coded, and compiled into a summary 
table with legal citations. Reviewed and updated codebook when relevant laws addressed relevant 
topics that previously anticipated before research begun. 

2. Scope notes: Documented scoping and coding issues and their resolutions. See scoping and coding 
notes section below. 


Data Validation 
1. The findings of the legal assessment were distributed to the public health veterinarians in the 50 states 


and the District of Columbia for review before publication. The findings were distributed via email on 
June 8, 2016. 


Codebook 


This codebook lists the attributes of interest within the legal assessment and the coding variables for each 


state’s relevant laws. 


State and | Applicable | Handwashing | Location of Hand Hand Express Specific 
Citations Facilities Station Station Sanitation Sanitation Mention of Penalties 
Required Sign: Sign: Penalties in Listed 
Indicating | Recommending Animal 
Location Sanitation or Exhibit 
Indicating Section 
Health Risk 
Categorical | Yes or No Categorical | Yes or No | Yes or No Yes or No Categorical 
dependent dependent dependent 
on state on state on state 


Research Trail 


Search String Development 


= Discussion with client: In early project meetings, DFWED suggested initial search terms. 
= Initial research: PHLP staff attorney conducted initial searches in all jurisdictions of interest and began 
refining search terms. 


Searches Conducted 
PHLP searched for state and DC statutes and regulations that establish animal exhibit hand sanitation 


requirements using WestlawNext, a legal research database. Searches were conducted in all states and the 
District of Columbia between March 17, 2016, and April 1, 2016. 


Date of Search and/or Database Search String Researcher 
Jurisdictions Searched 
March 17, 2016: WestlawNext — adv: SD(“aedin’s law” or ((“petting zoo” or Aila Hoss 


Alabama, Alaska, Individual States “county fair” or “state fair” or “animal contact 


Arizona, Arkansas, 
California, Colorado, 
Connecticut, 
Delaware, DC, Florida, 
Georgia, Hawaii, 
Idaho, Illinois, Indiana, 
lowa 


March 18, 2016: 
Kansas, Kentucky, 
Louisiana, Maine, 
Maryland, 
Massachusetts, 
Michigan, Minnesota, 
Mississippi, Missouri, 
Montana, Nebraska, 
Nevada, New 
Hampshire, New 
Jersey, New Mexico, 
New York, North 
Carolina, North 
Dakota, Ohio, 
Oklahoma, Oregon, 
Pennsylvania, Rhode 
Island, South Carolina 


March 20, 2016: South 
Dakota, Tennessee, 
Texas, Utah, Vermont, 
Virginia, Washington, 


exhibit” or “horse ride!” or “pony ride!” or 
“animals in public settings” or “animal venue 
operator!” or “handling exhibit!” or “open 
farm!” or ((animal or agricultur!) and (expo! or 
exhibit! or fair!))) and (handwashing or (hand 
and (wash! or cleans! or sanit! or hygiene))))) 


West Virginia, 
Wisconsin, Wyoming 
March 17, 2016: 
Alabama, Alaska, 
Arizona, Arkansas, 
California, Colorado, 
Connecticut, 
Delaware, DC, Florida, 
Georgia, Hawaii, 
Idaho, Illinois, Indiana, 
lowa 


WestlawNext — 
Individual States 


March 18, 2016: 
Kansas, Kentucky, 
Louisiana, Maine, 
Maryland, 
Massachusetts, 
Michigan, Minnesota, 
Mississippi, Missouri, 
Montana, Nebraska, 
Nevada, New 
Hampshire, New 
Jersey, New Mexico, 
New York, North 
Carolina, North 
Dakota, Ohio, 
Oklahoma, Oregon, 
Pennsylvania, Rhode 
Island, South Carolina 


March 20, 2016: South 
Dakota, Tennessee, 
Texas, Utah, Vermont, 
Virginia, Washington, 
West Virginia, 
Wisconsin, Wyoming 
March 20, 2016 WestlawNext — All 
States 


WestlawNext — All 
States 


March 21, 2016 


adv: SD((camel or elephant or “exotic animal!” 
or circus! or “unaccredited zoo” or “traveling 
exhibit!” or “traveling zoo animals” or 
“traveling zoo” zoo or carnival) and ((hand and 
(wash! or cleans! or sanit! or hygiene)) or 
handwashing or sanit!)) 


adv: SD((menagerie or “public establishments 
featuring animals” or “horseback riding” or 
calemlidae or llama! or alpaca!) and ((hand 
and (wash! or cleans! or sanit! or hygiene)) or 
handwashing or sanit!)) 
adv: SD(((“petting zoo” or “county fair” or 
“state fair” or “animal contact exhibit” or 
“horse ride!” or “pony ride!” or “animals in 
public settings” or “animal venue operator!” or 
“handling exhibit!” or “open farm!” or ((animal 
or agricultur!) and (expo! or exhibit! or fair!))) 
and ((hand and clean!)))) % handwashing or 
(hand and (wash! or cleans! or sanit! or 
hygiene)) 

6 


|” 


Aila Hoss 


Aila Hoss 


Aila Hoss 


March 31, 2016 WestlawNext — All adv: SD(((livestock or cattle or sheep or pig or = Aila Hoss 
States swine) and (show or exhibit! or fair)) and 
((hand and (wash! or clean! or sanit! or 
hygiene)) or handwashing or sanit!)) 
March 31, 2016 WestlawNext — All adv: SD(((poultry and animal) and (expo! or Aila Hoss 
States show or exhibit! or fair) or “district fair” 
or“breeder association” or “agricultur! 
organization” or “livestock show” or rodeo) 
and ((hand and (wash! or clean! or sanit! or 
hygiene)) or handwashing)) 
April 1, 2016 n/a specific penalty n/a — collected penalty provisions in relevant Aila Hoss 
provisions pulled chapters 


Scoping and Coding Notes 


Laws requiring hand sanitation stations at animal contact exhibits were within the scope of the assessment. 
Animal contact exhibits include petting zoos and agricultural fairs, among other types of exhibits.1 Laws related 
to the sanitation standards for agricultural operations or stockyards and food processing or manufacturing were 
not within the scope of this assessment. 


The following table lists provisions that did not fit neatly within the scope of the assessment or the assessment 
coding categories. The table outlines the issue with the provision and how the coding or scoping was resolved. 


Provision Issue Resolution 
N.J. ADMIN. CODE § Coding Category: Handwashing Stations Required Code “yes” with note 
2:76-2A.13 


Issue: Technically no but handwashing standards 
recommended and required for commercial farms 
seeking to receive the protections of the New 
Jersey Right to Farm Act, N.J. ADMIN. CODE § 4:1C-1 


et seq. 
N.J. ADMIN. CODE § Coding Category: Hand Sanitation Sign: Code “yes” with note 
2:76-2A.13 Recommending Sanitation or Indicating Health Risk 


Issue: Does not specifically mention signs but 
requires that visitors be advised to sanitize their 
hands (advisement likely occurs via signs). 


N.Y. Comp. CODES R & Coding Category: Hand Sanitation Sign: Code “yes” with note 
REGS. tit. 10, § 7-5.1 - Recommending Sanitation or Indicating Health Risk 
5.15 


Issue: Does not specifically address, but per N.Y. 
McKINNEY’s GEN. Bus. Law § 399-ff, which applies to 
petting zoos in the state, state law requires the 
recommendation of hand sanitation to patrons. 
UTAH ADMIN. CODE R58- | Coding Category: Applicable Facilities Include 
6; R58-19-4 
Issue: Unclear whether the hand sanitation station 
requirement applies to the poultry shows. Erring on 
the side of inclusion. 
Wis. ADMIN. CODE DeP’T Coding Category: Hand Sanitation Sign: Indicating Code “yes” with note 
OF HEALTH SERVS. §§ Location 
178.03, 178.18, 
178.08, 178.07; Wis. Issue: The sign must be placed at the station, but 
STAT. ANN. § 254.47 there is no specification about proximity. 


1 For definitions of various animal contact exhibits in state law, see, e.g., N.Y. MCKINNEY’s GEN. Bus. LAW § 399-ff(a); N.Y. 
Comp. Copes R. & REGS. tit. 10, § 7-5.1(b); 2 N.C. Apmin. Cope 52K.0501(1)-(2); 3 PA. CODE § 2501; WASH. ADMIN. CobE § 246- 
100-192(2); Wis. ADMIN. CODE Dep’T OF HEALTH SERVS. § 178.03(25). 


8 


Considerations for Future Research 


1. Potential areas for further research 
= Licensing of animal contact exhibits 
= Prohibition of food items at animal contact exhibits 
= Prohibition of toys, pacifiers, etc. at animal contact exhibits