Animals in a food business

The Australia New Zealand Food Standards Code (the Food Standards Code) Standard 3.2.2 sets out requirements for animals and pests in food premises. The Food Standards Code states that a food business must not allow live animals (except seafood or other fish or shellfish) in areas in which food is handled or served.

The Food Standards Code allows assistance animals in any area customers use. This condition does not apply to companion animals.

A food business may also choose to allow dogs in outdoor dining areas, providing certain conditions are met.

Assistance animals

Assistance animals are defined by the Disability Discrimination Act 1992 (Cth). This includes:

• guide dogs
• dogs trained to assist a person in activities where hearing is required
• any other animal trained to assist a person with a disability.

Owners of an assistance animal will be able to provide evidence that the animal is certified as an assistance animal. An assistance animal may include a guide (or seeing eye) dog, an animal trained to perform daily personal care tasks such as opening and closing doors for people with a physical disability, or  a hearing (or ‘hearing ear’) dogs to alert people with hearing impairment.

All food businesses must allow an assistance animal in areas used by customers. This applies to both outdoor and indoor eating and drinking areas and any other customer areas such as bathrooms.

Assistance animals are not permitted to enter non-customer areas such as a kitchen, storeroom or other places where food is handled.

Companion animals

A companion animal is any animal that provides companionship and a sense of responsibility. These animals usually provide 'emotional support' for people in the home setting. They are not certified and/or specifically trained.

The Food Standards Code does not provide the same allowances for companion animals.

Dogs in outdoor dining areas

Food businesses may choose to allow dogs in their outdoor areas provided certain conditions are met. Please note only dogs are allowed and not other animals.

Food businesses may prevent any dog from entering that is not an assistance animal, for any reason.

Local Council are responsible for licensing food businesses; you may wish to get advice from your local Council before allowing dogs in your outdoor areas.

Outdoor dining areas

Outdoor dining areas must:

• be used for drinking or dining, or both drinking and dining
• be accessible by the public without passing through an enclosed area
• not be used for the preparation of food
• not be an enclosed area (an outdoor area with a roof and plastic sheeting which can be rolled down is considered to be an enclosed area under the Code).

Examples of outdoor dining areas include:

• open footpath dining with no cover
• a footpath dining area with a canopy but no walls
• an open beer garden with direct street access.

Tips for maintaining food safety standards

Maintain high standards of food safety and personal hygiene by:

• ensuring food service staff refrain from touching dogs / wash their hands after touching dogs, as this contact creates a risk of cross contamination
• providing water, appropriate space for storage for dog food and bowls, and appropriate facilities to clean dog bowls
• removing and disposing of dog urine/excrement.

Food businesses should develop procedures for:

• cleaning up dog waste
• dealing with dog misbehaviour e.g. barking, fighting with other dogs
• dealing with customer complaints.

To continue to ensure customers’ safety and comfort, food businesses may also wish to consider:

• providing space for dogs, including signage to identify dog areas
• possible trip hazards, e.g. leashes on pathways
• providing tether points for dogs
• insurance and public liability
• providing information and/or signage to inform customers:
  • of the food business’ decision to allow, or not to allow, dogs in outdoor dining areas
  • of the areas where animals are permitted
  • how the food business caters for the animal at the premises e.g. whether the business provides water, bowls or dog food, and how they are required to deal with dogs while at the premises.

Customer responsibilities

Customers who wish to bring their dogs to an outdoor dining area also have some responsibilities.

Read more about requirements for dogs in outdoor dining areas-for dog owners.

If you have any further questions relating to animals in food premises, contact your local Council.