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Animals in food premises

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Animals can carry pathogenic organisms that can contaminate food. They may also contaminate food physically, for example, through fur, droppings and whole insects.

Food businesses are therefore not permitted, except in certain circumstances, to have live animals on the premises:

assistance animals must be allowed in areas used by customers

pet dogs may be allowed in outdoor dining areas at the discretion of the business

pet dogs and cats in a leak proof container may be allowed in an aircraft cabin where food is served

live animals (except for seafood, other fish and shellfish) are not permitted in areas where food is handled.

Businesses must maintain high standards of food safety and hygiene to ensure animals do not contaminate food.

Assistance animals

An assistance animal is a Guide Dog or other animal trained and accredited to help a person with a disability (in Section 9 of the Disability Discrimination Act 1992 ).

Assistance animals must be allowed into dining and drinking areas and any other areas used by customers, but they are not allowed in non-public areas, such as the kitchen.

Refusing entry to an assistance animal is illegal and may result in fines for the business owner.

This is legislated under the:

Disability Discrimination Act 1992

Companion Animals Act 1998 (NSW)

Australia New Zealand Food Standards Code

Guide Dogs

Guide Dogs are assistance animals and, by law, are allowed access to any public dining area in cafés, restaurants, pubs and clubs.

When a guidance dog is in harness, it is working and assisting the person who is blind or has low vision to move around safely and independently.

More information on welcoming Guide Dogs is available on the Guide Dogs NSW/ACT website(https://nsw.guidedogs.com.au/accessibility/improving-accessibility/guide-dog-access-and-etiquette/#relevant-legislation).