Originally posted by Merv-O Sorry Walter you are patently incorrect. For example, Pennsylvania has state health laws that prevent non-service animals (they are protected under the ADA) from entering food establishments and other facilities. You got hung up on the FDA--they are guides, but States, under the health and welfare of their citizens and residents can be restrictive. (As an attorney, I was surprised by the leniency I have seen regarding non-service animals and their access to food establishments). Just saying....
Also, that rules promulgated pursuant to statutes have whatever level of enforcement authority, including criminal prosecutions, the statutes provide. That's generally pretty broad and courts give utmost deference to the decisions of administrative agencies, particularly where an administrative law judge (i.e., an "Article I judge" as opposed to an "Article III judge") has made a determination. Walter might like to take a look at the Tenth Amendment as well as to the breadth of states' powers under the Constitution (generally plenary as to health, education, public welfare, public safety and the police power).
As to leniency with respect to non-service animals, I think that's more due to confusion on the part of businesses than anything else. The ADA is mainly implemented in state law, that can vary wildly. E.g., in Virginia, only a dog can be a "service animal" (even though the federal rules permit miniature horses), and there's no such thing as a "emotional support animal". Moreover, unless the dog has a leash, collar, or harness that contains the legend, "Trained Service Dog", it isn't, even if it's a bona-fide guide dog for the visually impaired ("seeing-eye dog"). And the use of "counterfeit service animals" is a criminal offense.
Here's an example from the Code of Virginia:
§ 3.2-5115. Animals. "No animal shall be permitted in any area used for the manufacture or storage of food products. A guard or guide animal may be allowed in some areas if the presence of the animal is unlikely to result in contamination of food, food contact surfaces, or food packaging materials. Additionally, a dog may be allowed within a designated area inside or on the premises of, except in any area used for the manufacture of food products, a distillery licensed pursuant to § 4.1-206, a winery or farm winery licensed pursuant to § 4.1-207, or a brewery or farm brewery licensed pursuant to § 4.1-208."