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Health code violation?

Posted Sun July 25, 2010 10:25 am, by Terry O. written to Walmart

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I was doing my weekly shopping when I seen someone else in the store with a dog in the shopping cart and I did not look like a service dog! Is this not a health code violation? I know this week we did NOT go back, we went to another store, who knows what the dog had stepped in and whatever it was I didn't want it on my bread! (honey, this don't taste like peanut butter!)


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by MOOBS Posted Mon September 20, 2010 @ 2:17 PM

I know our Wal-Marts don't allow pets in the stores. Our Lowe's and
Home Depots do, but there's no food items being sold there.

Definitely a heath code violation, at least here in VA, not sure which
store that was.

I myself am a dog owner/lover. He's always clean and up to date on
shots...but I would never bring him in a store that sold groceries.

Now Home Depot is another story...he helped me pick out the color for
my spare room...Grey.

Reply
by Karen R. Posted Tue August 3, 2010 @ 3:31 PM

Most shopping carts are filled with germs, the handles and seats are
only as clean as the last person who used the cart. How many people
do you see in public NOT wash their hands after using the bathroom or
sneeze or cough into their hands and then touch the cart handle? I
did this last season before I got the H1N1 shot, I got a cart from
outside in the lot and hauled my Lysol spray out of my car and sprayed
it down the seat and handle. The carts are only as clean as the
people who touched them before you! People have germs just as dogs
may. The first thing they teach you in nursing school is to TURN OFF
THE SINK HANDLE with the paper towel, otherwise you are
RECONTAIMINATING your hands with whats on the handle AGAIN! Just the
same with a bathroom door knob, if someone before you touched without
washing and you touch it again whatever they put on the door knob is
on your hands!

Reply


We are Too Disenfected by NathanG Wed August 4, 2010 @ 8:06 AM


And the conveyor belts! by batmoody Wed August 4, 2010 @ 12:07 PM
by Jo23 Posted Sun August 1, 2010 @ 3:21 AM

I'd bet that the dog was a lot cleaner than the babies who sit in
those seats with loaded diapers and their mouths all over the handles.

Reply


I dont know by NathanG Mon August 2, 2010 @ 8:26 AM

I see your point but by Jo23 Mon August 16, 2010 @ 6:57 PM


by LadyMac Posted Tue July 27, 2010 @ 11:58 AM

What does a service dog look like?

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I'm surprised no one has responded to you yet. LOL by olie Fri July 30, 2010 @ 8:01 PM


So when the OP says by LadyMac Mon August 2, 2010 @ 10:11 AM
by BirmanCat Posted Tue July 27, 2010 @ 11:02 AM

On July 23, 2010, the Americans with Disabilities Act (ADA) was
updated following a two-year period wherein the definition of "service
animal" was reviewed to determine whether "emotional support animals"
should be included in that definition. The public had the opportunity
to respond to that definition and whether it should be altered. Many
people and organizations did so.

In the final rule now effective, the ADA excluded "emotional support
animals" from the definition of "service animal." The definition
states that "the provision of emotional support, well-being, comfort,
or companionship does not constitute work or tasks for the purposes of
this definition." Therefore, "emotional support animals" do not
qualify for protection under the ADA.

The Department of Justice noted that nothing prohibits a public entity
from allowing "emotional support animals" if it wants to do so, but
they are not required to do so. It is entirely voluntary on the part
of the public entity.

Source: http://www.ada.gov/regs2010/titleII_2010/reg2_2010.html

Reply


Wow by Donno Wed July 28, 2010 @ 7:14 PM


Isn't it wonderful how other posters educate us? by olie Fri July 30, 2010 @ 9:18 PM
by t n. Posted Tue July 27, 2010 @ 1:19 AM

No. In most states as long as the dog isn't touching the floor it's
fine. It may have been a service dog and you didn't notice. I doubt
the dog is going to tarnish your food.

Reply


by PepperElf Posted Mon July 26, 2010 @ 11:54 PM

service dogs do not actually have a "look" per say.

legally a service dog can even be a purse dog, if that dog is
providing emotional support.


as for the dog's feet... unless this dog was opening packages of food
and putting its paws into them, i don't see how it will affect your
sealed food purchases.



In fact the ADA definition of a Service Animal is "*any* guide dog,
signal dog, or other animal individually trained to provide assistance
to an individual with a disability."

it also specifically states that certification is NOT a requirement

and that you are NOT allowed to demand for certification either.


http://www.ada.gov/qasrvc.htm



Reply

Good answer by mrsdkm Wed July 28, 2010 @ 9:59 AM
by sarahsmile Posted Mon July 26, 2010 @ 5:21 PM

When I take my Yorkie with me, she always stays in my purse.

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RE by RowdyRetailer Mon July 26, 2010 @ 6:16 PM


tho purse dogs can also be service animals. emotional support n/t by PepperElf Mon July 26, 2010 @ 11:55 PM


emtional support and therapy dogs are by fairywithfangs Tue July 27, 2010 @ 1:29 PM


Same with my place by NathanG Tue July 27, 2010 @ 10:17 AM

Not Yorkies by sarahsmile Tue July 27, 2010 @ 2:32 PM


Dont care by NathanG Tue July 27, 2010 @ 3:33 PM

Clearing something up by sarahsmile Tue July 27, 2010 @ 3:54 PM


And, there in a nutshell, is why it is dangerous to confront people who bring their pets into a business establishment by PlanetFeedback's Mr. Helpful Tue July 27, 2010 @ 4:21 PM


one correction - federal law states you CANNOT ask for documentation by PepperElf Tue July 27, 2010 @ 11:53 PM


Been Screamed At etc by NathanG Wed July 28, 2010 @ 10:00 AM


Wow!! by PsychoSekc Tue July 27, 2010 @ 5:04 PM

3 lbs by sarahsmile Tue July 27, 2010 @ 5:32 PM

On Planes by AgilityPuppy Mon August 16, 2010 @ 11:39 AM


just becasue you spent that much by batmoody Tue July 27, 2010 @ 6:09 PM

If........ by sarahsmile Tue July 27, 2010 @ 7:25 PM


So - I spent 1500 on my .45 by fairywithfangs Tue July 27, 2010 @ 10:43 PM

Good grief! by sarahsmile Wed July 28, 2010 @ 8:56 AM


and depending on what brand you get... that could be a pretty good sale too. =) n/t by PepperElf Wed July 28, 2010 @ 6:17 PM


No.. they are not by LadyMac Tue July 27, 2010 @ 4:51 PM


Actually that's not true... by PsychoSekc Tue July 27, 2010 @ 4:56 PM

WRONG by Tiff m. Thu January 19, 2012 @ 5:21 PM

by Chadg Posted Mon July 26, 2010 @ 3:45 PM

When i worked for walmart, we were explicitly instructed NEVER to ask
as customer if their animal was a service animal. We had to assume, no
matter what, that it was. Salaried managers could ask, but were not
allowed to ask for papers or other proof.

That used to bug me, people of course would lie about the dog. I have
no problem with genuine, trained service animals, but i have seen many
unruly dogs in walmart and other places, that i KNOW are not service
dogs.

And spare me the "hes a companionship animal" line, the definition of
PET is "animal for companionship" and last i checked, the door said
"NO PETS".

/rant off

Reply


by RedheadwGlasses Posted Mon July 26, 2010 @ 12:49 PM

And how on earth would the dog's foot come into contact with your
bread?

Complain when you're there, not a week or two later.

Reply

Well, by KJCat Mon July 26, 2010 @ 8:14 PM


personally i think you're more apt to get something icky from the other customers vs a dog that's walking on the ground n/t by PepperElf Tue July 27, 2010 @ 12:00 AM

Perhaps, but by KJCat Tue July 27, 2010 @ 10:41 AM


Just cuz they're buying by MA Cunningham Thu July 29, 2010 @ 3:51 PM

Just as I'm sure by KJCat Sun August 8, 2010 @ 1:49 PM

by Eclipse Posted Mon July 26, 2010 @ 1:32 AM

It might have been a dog that was training to be a service animal. At
the restaurant I used to work for, we had an elderly couple that
volunteered to raised dogs that were to assist the blind. They would
start caring for the dogs when they were young, and raise them. This
involved taking them wherever they would go in order to get the dog
used to behaving appropriately in situations where dogs are typically
prohibited. The dog would always sit calmly under the table and not
disturb anybody. It looked like they had a new puppy with them, but
the dog would be wearing identification that it was a service animal.
This is just one possibility to consider.


If it was a small little lap dog that was sitting there, check this
article;
http://seattletimes.nwsource.com/html/eastsidenews/2002236307_costcodo
g09e.html

If the dog was sitting in the cart calmly and not getting in to the
food or causing trouble, I wouldn't think it makes a huge difference.
If the owner can prove it is a service animal, then so be it.

Some service dogs are used to alert owners who cannot hear.

Reply


Service dogs in raining have special vests to wear by RedheadwGlasses Mon July 26, 2010 @ 12:50 PM


sometimes - but it's not a legal requirement if i'm not mistaken n/t by PepperElf Mon July 26, 2010 @ 11:56 PM


It's stupid NOT to use one by RedheadwGlasses Tue July 27, 2010 @ 12:41 PM

by fairywithfangs Posted Mon July 26, 2010 @ 12:55 AM

huh - apparently you can not just claim it is a service dog and shop
owners can ask them to leave. Interesting article here:
http://www.canineandabled.com/Imposterservicedogarticle.html

“Current law provides for stiff federal penalties
(including heavy fines and jail time)—even for first time offenders.”



There are legal steps that can be taken to stop these imposters in
their tracks, and assistance in helping you to recoup damages.
Current and new laws provide stiffer federal penalties (including
heavy fines and jail time).

If you are in doubt as to whether a dog is a real service dog, you may
legally ask the following:

1. Do you have a documented disability? (Note: you may not ask what
the disability is)

2. Is that a trained service dog? If the answer is yes, and you still
doubt the validity of the team; you may ask what tasks the dog has
been specifically trained to do for the person with disabilities. If
you still doubt the answer of the "handler", you may call the United
States Department of Justice Disability Rights Section at: (800)
514-0301, and/or your local barracks of your state police.

**NOTE: Any properly trained team has been fully versed in the law,
knows their rights and responsibilities and will have no issue
answering such questions. Alternatively, if a person balks at
answering these questions, or becomes unreasonably defensive; you are
most likely dealing with an imposter. At this point, you should
refrain from saying anything more, and phone the DOJ and police
immediately to intervene.

If the dog enters your establishment and exhibits any type of behavior
not expected of a service dog (urinating/defecating, damaging goods,
sniffing/bothering other customers, barking, growling, snapping, etc…)
you are well within your rights to ask them to leave. If the dog or
its equipment is not clean (visibly dirty or emits an unpleasant
odor), you are within your rights to ask them to leave. If the
handler gives you any trouble; call the state police barracks nearest
your location, then report the incident to the DOJ. If the dog causes
damage to your facility, or causes an interruption of your business,
you may pursue the incident in civil court to recoup damages. For
illegal handlers with “imposter” or “non-task trained” dogs;
beware---Uncle Sam, the entire service dog community, and myself are
onto you, and we’re cracking

Reply


This is exactly what I was thinking: by olie Mon July 26, 2010 @ 5:38 PM


by batmoody Posted Mon July 26, 2010 @ 12:45 AM

All they have to do is claim it is a service dog and thats it, they
can keep it inside.

We have a guy that comes in. He is always dirty, possibly homeless,
I've seen him on the corner with a sign. And he has this nasty
smelling dirty dog he brings into the store. He has been told by
management that he needs to leave the dog outside but he just tells
them its a service dog.

It pooped in the aisle one and guess what, the guy didn't even clean
it up. it;s a big dog too = big poop.

People complain about him all the time and we can do nothing.

Reply


what state are you in? by fairywithfangs Mon July 26, 2010 @ 12:47 AM


Oregon n/t by batmoody Mon July 26, 2010 @ 11:38 AM


re by RowdyRetailer Mon July 26, 2010 @ 11:20 AM


THe law states that the person is NOT required to have paperwork on them by RedheadwGlasses Mon July 26, 2010 @ 12:51 PM


re by RowdyRetailer Mon July 26, 2010 @ 2:23 PM


Ya, if they can carry a dog they can carry paperwork duh...lol /nt by batmoody Tue July 27, 2010 @ 1:05 PM


Good point. by olie Tue July 27, 2010 @ 9:18 PM

by NathanG Posted Sun July 25, 2010 @ 5:21 PM

IN restaurants or places that serve food that is ready to eat it is a
violation to have animals in the same area.

However...

The few times I have witnessed this I heard the same exact answer
"this is my service dog". Once they say that its illegal to force
them to remove it.

When I worked at the sandwich shop a lady had her little tiny mutt in
her bag and it kept yelping and sticking its head out, I told her she
had to leave it outside and she got extremely angry, saying "its my
service dog", I asked her what type of service dog and she told me
none of my business.

Reply


Service dogs. by bakeslikebetty Sun July 25, 2010 @ 5:52 PM


California then is in violation of the FEDERAL ADA by RedheadwGlasses Mon July 26, 2010 @ 12:53 PM

I have never heard anythng here by Michelle O. Tue July 27, 2010 @ 2:29 AM

Therpay Dogs by Richard S. Mon July 26, 2010 @ 1:14 PM

service dogs by Michelle O. Sun July 25, 2010 @ 9:18 PM


"what kind of service dog really is none of your, mine..." by Donno Mon July 26, 2010 @ 12:29 AM

I actually said that an unruly dog, service or no, could be kicked out by Michelle O. Mon July 26, 2010 @ 1:34 AM

by fairywithfangs Posted Sun July 25, 2010 @ 1:05 PM

This is a HUGE pet peeve of mine. I am a pet owner and animal lover
and have owned cats, dogs, fish, hamsters, etc and I do not understand
why it is ok for people to bring dogs, birds, and snakes (yes I have
seen people with snakes wrapped around their necks in food stores)
into restaurants, food stores, malls, etc. I can completely understand
service animals but just pushing your dog in a stroller is completely
different.

Reply


My SIL has a seizure disorder by biomajor Mon August 2, 2010 @ 12:28 AM


by Donno Posted Sun July 25, 2010 @ 10:41 AM

I was shopping a month ago in my usual store, Wegman's, and I saw a
woman carrying around a small dog like it was her child.

Some people are selfish idiots, and don't think laws and rules should
apply to them. These idiots take the attitude "what does it harm?" I
blame the idiots, and understand the stores are in a tough spot.

I have a dog I care a lot about. When I go shopping, she is safe and
secure in my home.

If you pointed this out to someone, it should have been addressed.
After the fact, I don't know what they can do. I wouldn't want to pay
higher prices to pay a detective to go around policing the carts. Of
course I don't shop at WalMart, so I technically don't have a dog in
this race.

Reply


It happens everywhere by fairywithfangs Sun July 25, 2010 @ 1:06 PM

my experience by carole o. Wed October 20, 2010 @ 9:01 PM




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