Food Standards (Application A1314 – Permitting small dogs and cats in aircraft cabins) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2025L00917 Not in force Legislative Instrument

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EXPLANATORY STATEMENT 

 

Food Standards Australia New Zealand Act 1991 

 

Food Standards (Application A1314 – Permitting small dogs and cats in aircraft cabins) Variation  

 

1. Authority

 

Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).

 

Division 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.

 

The purpose of the application was to permit companion cats and dogs onboard aircraft cabins under controlled conditions. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation - the Food Standards (Application A1314 – Permitting small dogs and cats in aircraft cabins) Variation (the approved draft variation)

 

Following consideration by the Food Ministers’ Meeting (FMM), section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the draft variation.

 

2. Variation is a legislative instrument

 

The approved draft variation is a legislative instrument for the purposes of the Legislation Act 2003 (see section 94 of the FSANZ Act) and is publicly available on the Federal Register of Legislation (www.legislation.gov.au).

 

This instrument is not subject to the disallowance or sunsetting provisions of the Legislation Act 2003. Subsections 44(1) and 54(1) of that Act provide that a legislative instrument is not disallowable or subject to sunsetting if the enabling legislation for the instrument (in this case, the FSANZ Act): (a) facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States; and (b) authorises the instrument to be made for the purposes of the scheme. Regulation 11 of the Legislation (Exemptions and other Matters) Regulation 2015 also exempts from sunsetting legislative instruments a primary purpose of which is to give effect to an international obligation of Australia.

 

The FSANZ Act gives effect to an intergovernmental agreement (the Food Regulation Agreement) and facilitates the establishment or operation of an intergovernmental scheme (national uniform food regulation). That Act also gives effect to Australia’s obligations under an international agreement between Australia and New Zealand. For these purposes, the Act establishes the Authority to develop food standards for consideration and endorsement by the FMM. The FMM is established under the Food Regulation Agreement and the international agreement between Australia and New Zealand, and consists of New Zealand, Commonwealth and State/Territory members. If endorsed by the FMM, the food standards on gazettal and registration are incorporated into and become part of Commonwealth, State and Territory and New Zealand food laws. These standards or instruments are then administered, applied and enforced by these jurisdictions’ regulators as part of those food laws.

 

3. Purpose

 

The purpose of the approved draft variation is to amend clause 24 of Standard 3.2.2 of the Code to allow a food business that is an airline to permit a cat or a dog to be present on an aircraft in an area that is used for dining, drinking or both drinking and dining if certain conditions are met.  

 

4. Documents incorporated by reference

 

The approved draft variation does not incorporate any documents by reference.

 

5. Consultation

 

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1314 included one round of public consultation following an assessment and the preparation of a draft variation and associated assessment summary. FSANZ called for submissions on the draft variation from 19 March 2025 to 30 April 2025. Further details of the consultation process, the issues raised during consultation and by whom, and the Authority’s response to these issues are available in an approval report published on the Authority’s website at www.foodstandards.gov.au.

 

A working group of representatives from state and territory government food regulatory agencies provided advice to the Authority during the development of the draft variation.

 

A Regulation Impact Statement was not required because the proposed variation to Standard 3.2.2 is likely to have only a minor impact on consumers, industry and government.

 

6. Statement of compatibility with human rights

 

This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 44 of the Legislation Act 2003.

 

7. Variation

 

References to ‘the variation’ in this section are references to the approved draft variation.

 

Clause 1 of the variation provides that the name of the variation is the Food Standards (Application A1314 – Permitting small dogs and cats in aircraft cabins) Variation.

 

Clause 2 of the variation provides that the Code is amended by the Schedule to the variation. 

 

Clause 3 of the variation provides that the variation will commence on the date of gazettal of the instrument. 

 

Item [1] of the Schedule to the variation amends Standard 3.2.2 (Food safety practices and general requirements) by repealing subclause 24(3) of that Standard and substituting it with a new subclause.

 

Subclause 24(3) provides an exception to the requirement imposed by paragraph 24(1)(a) of the Code that a food business must not permit live animals in areas in which food (other than seafood or other fish or shellfish) is handled. 

 

The current subclause 24(3) provides that a food business may permit a dog that is not an assistance animal to be present in an outdoor dining area. Subclause 24(4) provides definition for the terms ‘assistance animal’ and ‘outdoor dining area’.

 

New paragraph 24(3)(a) restates the current subclause 24(3). The paragraph provides that, despite paragraph 24(1)(a), a food business may permit a dog that is not an assistance animal to be present in an outdoor dining area.

 

New paragraph 24(3)(b) provides that, despite paragraph 24(1)(a), a food business may permit a cat or dog that is not an assistance animal to be present on an aircraft in an area that is used for dining, drinking or both drinking and dining if both the following conditions are met: the animal is in a container; and that container is leak proof and prevents physical contact between a food handler and the animal. Subclause 24(4) defines what is an ‘assistance animal’ for the purposes of the paragraph.

 

Overview

The Food Standards Australia New Zealand Act 1991, enacted to facilitate the establishment and operation of a national food regulatory scheme involving both the Commonwealth and states, has been varied to permit small dogs and cats in aircraft cabins under controlled conditions. This variation was approved by Food Standards Australia New Zealand (FSANZ) following a public consultation process, as mandated by the Act. The purpose of this variation is to amend clause 24 of Standard 3.2.2 of the Australia New Zealand Food Standards Code, allowing airlines to permit cats or dogs to be present in areas used for dining or drinking on aircraft, provided certain conditions are met. This legislative instrument, which is not subject to disallowance or sunsetting provisions, gives effect to both the intergovernmental Food Regulation Agreement and Australia's international obligations. The approved draft variation is publicly available and exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under the Legislation Act 2003.

Scope and Application

The Food Standards Australia New Zealand Act 1991 applies to Food Standards Australia New Zealand (FSANZ), which is the authority responsible for developing and varying food standards for inclusion in the Australia New Zealand Food Standards Code. The Authority's functions include accepting applications for the development or variation of food regulatory measures, including standards, and this process is detailed in Division 1 of Part 3 of the Act. The Act facilitates the establishment and operation of an intergovernmental scheme involving the Commonwealth and the states, and it also gives effect to international obligations of Australia. The Act applies nationally across Australia and New Zealand, with food standards endorsed by the Food Ministers’ Meeting incorporated into and becoming part of Commonwealth, state, and territory, and New Zealand food laws. The Act does not include specific exclusions but operates under a minor impact threshold for variations that require consultation but not a Regulation Impact Statement. The approved draft variation, Food Standards (Application A1314 – Permitting small dogs and cats in aircraft cabins) Variation, amends Standard 3.2.2 to allow airlines to permit cats and dogs on aircraft in dining and drinking areas, provided specific conditions are met. This variation is a legislative instrument exempt from disallowance and sunsetting provisions, as outlined in the Legislation Act 2003.

Key Provisions

The main operative sections of this legislation (F2025L00917) focus on the variation of food regulatory measures to allow for small dogs and cats in aircraft cabins under controlled conditions. Section 13 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act) outlines the authority's functions to develop standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code). The variation, approved under this authority, amends clause 24 of Standard 3.2.2 to permit food businesses, specifically airlines, to allow small cats and dogs in dining and drinking areas of aircraft cabins if specific conditions are met, such as the animal being in a leak-proof container that prevents physical contact with food handlers. This variation is set to commence on the date of gazettal of the instrument. The Act imposes several obligations on parties and entities it governs. The Authority must accept and consider applications for the development or variation of food regulatory measures and must follow the stipulated procedure outlined in Division 1 of Part 3 of the FSANZ Act. Following the consideration by the Food Ministers’ Meeting (FMM), the Authority must publish a notice about the draft variation as per section 92 of the FSANZ Act. Furthermore, the approved draft variation, once gazetted, becomes part of Commonwealth, State, Territory, and New Zealand food laws, which must then be administered, applied, and enforced by the respective regulators. The legislation outlines specific consequences for breaches of the approved draft variation. As the instrument is not subject to disallowance or sunsetting, the penalties for non-compliance would be determined by the specific food laws of the relevant jurisdiction. However, the approved draft variation itself does not specify penalties for breaches; these would be governed by the broader food regulatory frameworks within each jurisdiction. It is essential for airlines and other food businesses to comply with the conditions set out in the variation to avoid potential enforcement actions by food regulators. The approved draft variation is a legislative instrument exempt from disallowance or sunsetting under the Legislation Act 2003, as it facilitates an intergovernmental scheme involving the Commonwealth and one or more States and gives effect to international obligations. Given that the variation is part of the Australia New Zealand Food Standards Code, its purpose is to allow food businesses, specifically airlines, to permit small cats and dogs in dining and drinking areas of aircraft cabins, provided certain conditions are met. This change is intended to provide a minor impact on consumers, industry, and government, as indicated by the absence of a required Regulation Impact Statement.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.