386 lines
12 KiB
Text
386 lines
12 KiB
Text
Animal Contact Exhibit Hand Sanitation Station Assessment
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Public Health Law Program
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Last Updated: March 24, 2017
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Animal Contact Exhibit Hand Sanitation Station Legal Assessment
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Research Procedure
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Table of Contents
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PROJECT OVERVIOW sii cicce cocci: Aaialecslachcs hecalacetecdi gs Aaiciecet ee cdeqssbeasianctneceqacbeadianasteceqssbesdianasbedegaevescsenesbedegaevescceseieodeuses
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PROCOCO ices cevadusncecesesncevesusnsavesuvedevesnundavesansacusuncuencave leeeseok cuaacasnduvncesndura cuved ea caved et caveouuncareousn dae uve daaeseenceeeenreceetess
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COED OOK ais. scccsscceceteanteceteaudeceterudecedetndace¥esede cetesedecetedudecetedudecadedudncadydeducedecetudcdededledetedede tedecads dedededudetecsdedetededeaavens
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ReS@arch Trall......cc.sssccsesssasesssnsassassnsaceaoaesansaosecannaesensaosasansanssosabaanessabsanaasaosannsoansanssosaoaansoseosaasooaanaasouabsausavansaneaeen’
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Scoping and Coding Notes: <n cc ee ee et atta
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Considerations for FUtUre RESCAMCh .........cecececccccssccccceeccccccuucecsccuucecccuuuecescuuccesecuucececuuacesecuuaeceseuuceceeuuaceseeuuaeceeuauss
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Centers for Disease Control and Prevention
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’ | Office for State, Tribal, Local and Territorial Support
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Project Overview
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The Public Health Law Program (PHLP), located in the Office for State, Tribal, Local and Territorial Support
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(OSTLTS), assisted the National Center for Emerging and Zoonotic Infectious Diseases Division of Foodborne,
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Waterborne, and Environmental Diseases (DFWED) with an assessment of state animal contact exhibit laws
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related to hand sanitation stations.
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The project included the following tasks:
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1. Conduct a preliminary scan of science, laws, and policies related to state animal contact exhibit laws
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2. Collect state hand sanitation laws for the following categories of animal contact exhibits:
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a. Petting zoos
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b. Agricultural fairs
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c. County or state fairs
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d. Exotic animal exhibits
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e. Circuses
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f. Zoos
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2
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Draft a summary of state laws on the topic for publication on PHLP’s website
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4. Draft a summary of the legal assessment for publication in the Morbidity and Mortality Weekly
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Report
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Protocol
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Preliminary Research, Codebook, and Search Strings
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1. Conducted general searches for animal contact exhibit laws using WestlawNext in all states and the
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District of Columbia to get cursory overview of the organization and content of legal provisions and to
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brainstorm search terms.
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2. Created preliminary codebook with the topics of the assessment to guide research. The codebook was
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finalized after collection of laws was completed. See codebook section below.
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3. Developed and finalized search terms after consultation with public health subject matter experts.
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Collection of Laws
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1. Search: Conducted searches for state and DC statutes and regulations in WestlawNext. See research trail
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below for searches conducted.
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2. Check for relevance: Selected laws that were within the scope of our project and excluded others as
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outside of the scope of topics. See scoping and coding notes section below.
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3. Check if good law: Reviewed WestlawNext KeyCite status flags to determine the validity of law and
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included only laws that were good law. In statutes and regulations, a red flag indicates that the statute
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or regulation has been amended by a recent session law or rule, repealed, superseded, or held
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unconstitutional or preempted in whole or in part. A red flag indicated that additional research needs to
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be conducted on the provision to see if the relevant requirement has been affected.
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4. Document search process: Created research trail to reflect research process, including notes about
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search terms and scoping issues.
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5. Preservation: Preserved all statutes and regulations relevant to legal domain for each state from search
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results above. Laws were preserved in pdf format in PHLP’s shared drive.
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Analysis and Coding Laws
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1. Coding: After relevant laws were collected, they were reviewed, coded, and compiled into a summary
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table with legal citations. Reviewed and updated codebook when relevant laws addressed relevant
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topics that previously anticipated before research begun.
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2. Scope notes: Documented scoping and coding issues and their resolutions. See scoping and coding
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notes section below.
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Data Validation
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1. The findings of the legal assessment were distributed to the public health veterinarians in the 50 states
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and the District of Columbia for review before publication. The findings were distributed via email on
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June 8, 2016.
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Codebook
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This codebook lists the attributes of interest within the legal assessment and the coding variables for each
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state’s relevant laws.
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State and | Applicable | Handwashing | Location of Hand Hand Express Specific
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Citations Facilities Station Station Sanitation Sanitation Mention of Penalties
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Required Sign: Sign: Penalties in Listed
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Indicating | Recommending Animal
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Location Sanitation or Exhibit
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Indicating Section
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Health Risk
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Categorical | Yes or No Categorical | Yes or No | Yes or No Yes or No Categorical
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dependent dependent dependent
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on state on state on state
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Research Trail
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Search String Development
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= Discussion with client: In early project meetings, DFWED suggested initial search terms.
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= Initial research: PHLP staff attorney conducted initial searches in all jurisdictions of interest and began
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refining search terms.
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Searches Conducted
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PHLP searched for state and DC statutes and regulations that establish animal exhibit hand sanitation
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requirements using WestlawNext, a legal research database. Searches were conducted in all states and the
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District of Columbia between March 17, 2016, and April 1, 2016.
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Date of Search and/or Database Search String Researcher
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Jurisdictions Searched
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March 17, 2016: WestlawNext — adv: SD(“aedin’s law” or ((“petting zoo” or Aila Hoss
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Alabama, Alaska, Individual States “county fair” or “state fair” or “animal contact
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Arizona, Arkansas,
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California, Colorado,
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Connecticut,
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Delaware, DC, Florida,
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Georgia, Hawaii,
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Idaho, Illinois, Indiana,
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lowa
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March 18, 2016:
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Kansas, Kentucky,
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Louisiana, Maine,
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Maryland,
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Massachusetts,
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Michigan, Minnesota,
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Mississippi, Missouri,
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Montana, Nebraska,
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Nevada, New
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Hampshire, New
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Jersey, New Mexico,
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New York, North
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Carolina, North
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Dakota, Ohio,
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Oklahoma, Oregon,
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Pennsylvania, Rhode
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Island, South Carolina
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March 20, 2016: South
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Dakota, Tennessee,
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Texas, Utah, Vermont,
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Virginia, Washington,
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exhibit” or “horse ride!” or “pony ride!” or
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“animals in public settings” or “animal venue
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operator!” or “handling exhibit!” or “open
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farm!” or ((animal or agricultur!) and (expo! or
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exhibit! or fair!))) and (handwashing or (hand
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and (wash! or cleans! or sanit! or hygiene)))))
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West Virginia,
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Wisconsin, Wyoming
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March 17, 2016:
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Alabama, Alaska,
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Arizona, Arkansas,
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California, Colorado,
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Connecticut,
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Delaware, DC, Florida,
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Georgia, Hawaii,
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Idaho, Illinois, Indiana,
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lowa
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WestlawNext —
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Individual States
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March 18, 2016:
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Kansas, Kentucky,
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Louisiana, Maine,
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Maryland,
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Massachusetts,
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Michigan, Minnesota,
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Mississippi, Missouri,
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Montana, Nebraska,
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Nevada, New
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Hampshire, New
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Jersey, New Mexico,
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New York, North
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Carolina, North
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Dakota, Ohio,
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Oklahoma, Oregon,
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Pennsylvania, Rhode
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Island, South Carolina
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March 20, 2016: South
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Dakota, Tennessee,
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Texas, Utah, Vermont,
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Virginia, Washington,
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West Virginia,
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Wisconsin, Wyoming
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March 20, 2016 WestlawNext — All
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States
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WestlawNext — All
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States
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March 21, 2016
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adv: SD((camel or elephant or “exotic animal!”
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or circus! or “unaccredited zoo” or “traveling
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exhibit!” or “traveling zoo animals” or
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“traveling zoo” zoo or carnival) and ((hand and
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(wash! or cleans! or sanit! or hygiene)) or
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handwashing or sanit!))
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adv: SD((menagerie or “public establishments
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featuring animals” or “horseback riding” or
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calemlidae or llama! or alpaca!) and ((hand
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and (wash! or cleans! or sanit! or hygiene)) or
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handwashing or sanit!))
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adv: SD(((“petting zoo” or “county fair” or
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“state fair” or “animal contact exhibit” or
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“horse ride!” or “pony ride!” or “animals in
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public settings” or “animal venue operator!” or
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“handling exhibit!” or “open farm!” or ((animal
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or agricultur!) and (expo! or exhibit! or fair!)))
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and ((hand and clean!)))) % handwashing or
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(hand and (wash! or cleans! or sanit! or
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hygiene))
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6
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|”
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Aila Hoss
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Aila Hoss
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Aila Hoss
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March 31, 2016 WestlawNext — All adv: SD(((livestock or cattle or sheep or pig or = Aila Hoss
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States swine) and (show or exhibit! or fair)) and
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((hand and (wash! or clean! or sanit! or
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hygiene)) or handwashing or sanit!))
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March 31, 2016 WestlawNext — All adv: SD(((poultry and animal) and (expo! or Aila Hoss
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States show or exhibit! or fair) or “district fair”
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or“breeder association” or “agricultur!
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organization” or “livestock show” or rodeo)
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and ((hand and (wash! or clean! or sanit! or
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hygiene)) or handwashing))
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April 1, 2016 n/a specific penalty n/a — collected penalty provisions in relevant Aila Hoss
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provisions pulled chapters
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Scoping and Coding Notes
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Laws requiring hand sanitation stations at animal contact exhibits were within the scope of the assessment.
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Animal contact exhibits include petting zoos and agricultural fairs, among other types of exhibits.1 Laws related
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to the sanitation standards for agricultural operations or stockyards and food processing or manufacturing were
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not within the scope of this assessment.
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The following table lists provisions that did not fit neatly within the scope of the assessment or the assessment
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coding categories. The table outlines the issue with the provision and how the coding or scoping was resolved.
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Provision Issue Resolution
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N.J. ADMIN. CODE § Coding Category: Handwashing Stations Required Code “yes” with note
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2:76-2A.13
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Issue: Technically no but handwashing standards
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recommended and required for commercial farms
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seeking to receive the protections of the New
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Jersey Right to Farm Act, N.J. ADMIN. CODE § 4:1C-1
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et seq.
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N.J. ADMIN. CODE § Coding Category: Hand Sanitation Sign: Code “yes” with note
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2:76-2A.13 Recommending Sanitation or Indicating Health Risk
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Issue: Does not specifically mention signs but
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requires that visitors be advised to sanitize their
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hands (advisement likely occurs via signs).
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N.Y. Comp. CODES R & Coding Category: Hand Sanitation Sign: Code “yes” with note
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REGS. tit. 10, § 7-5.1 - Recommending Sanitation or Indicating Health Risk
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5.15
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Issue: Does not specifically address, but per N.Y.
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McKINNEY’s GEN. Bus. Law § 399-ff, which applies to
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petting zoos in the state, state law requires the
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recommendation of hand sanitation to patrons.
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UTAH ADMIN. CODE R58- | Coding Category: Applicable Facilities Include
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6; R58-19-4
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Issue: Unclear whether the hand sanitation station
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requirement applies to the poultry shows. Erring on
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the side of inclusion.
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Wis. ADMIN. CODE DeP’T Coding Category: Hand Sanitation Sign: Indicating Code “yes” with note
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OF HEALTH SERVS. §§ Location
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178.03, 178.18,
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178.08, 178.07; Wis. Issue: The sign must be placed at the station, but
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STAT. ANN. § 254.47 there is no specification about proximity.
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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.
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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-
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100-192(2); Wis. ADMIN. CODE Dep’T OF HEALTH SERVS. § 178.03(25).
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8
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Considerations for Future Research
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1. Potential areas for further research
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= Licensing of animal contact exhibits
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= Prohibition of food items at animal contact exhibits
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= Prohibition of toys, pacifiers, etc. at animal contact exhibits
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