Food Standards (Proposal P1018 – Companion Dogs in Outdoor Dining Areas) Variation

The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.

Dated 4 October 2012

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Standards Management Officer

Delegate of the Board of Food Standards Australia New Zealand

1 Name

This instrument is the Food Standards (Proposal P1018 – Companion Dogs in Outdoor Dining Areas) Variation.

2 Variation to Standards in the Australia New Zealand Food Standards Code

The Schedule varies the Standards in the Australia New Zealand Food Standards Code.

3 Commencement

The variation commences on 11 October 2012.

SCHEDULE

[1] Standard 3.2.2 is varied by omitting clause 24, substituting –

“24 Animals and pests

(1) A food business must –

(a) subject to subclauses (2) and (3), not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish; and

(b) take all practicable measures to prevent pests entering the food premises; and

(c) take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food.

(2) A food business must permit an assistance animal in areas used by customers.

(3) A food business may permit a dog that is not an assistance animal to be present in an outdoor dining area.

(4) In this clause –

assistance animal means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

enclosed area means an area that, except for doorways and passageways, is substantially or completely closed, whether permanently or temporarily, by –

(a) a ceiling or roof; and

(b) walls or windows or both walls and windows.

outdoor dining area means an area that –

(a) is used for dining, drinking or both drinking and dining; and

(b) is not used for the preparation of food; and

(b) is not an enclosed area; and

Editorial note:

Section 9 of the Disability Discrimination Act 1992 refers to a guide dog, a dog trained to assist a person in activities where hearing is required and any other animal trained to assist a person to alleviate the effect of a disability.

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