There's no mistaking the treasures tucked inside C.G. Higgins Confections on Ninita Street off St. Francis Drive. The designated candy maker for Santa Fe's 400th anniversary, chocolatier Chuck Higgins is known for his fresh strawberries covered in rich, dark chocolate; unique nut brittles; boutique caramel corn; and an imaginative array of designer truffles.

But his latest achievement is one that has many dog lovers howling. Higgins recently applied and was granted a variance from the state Environment Department that will allow dogs in certain areas of his hospitable shop.

"I'm so excited to move forward from being dog friendly to being dog welcoming," he said.

To celebrate, he plans a Doggie Day from 1 to 5 p.m. Memorial Day at the business, 847 Ninita St. He'll offer 20 percent off on all candy; door prizes; and other fun activities, like dog tricks with trainer Heidi Kingsbury.

The proud owner of Lovey, a poodle-cocker spaniel mix, Higgins said he could never understand the phobia of allowing dogs in places where food is served. A frequent traveler to Europe, where dogs are routinely allowed in restaurants and bars, Higgins said he's never heard any stories of people getting sick because of the interaction.

"It occurred to me that there is an undercurrent of fear, paranoia and terror about having dogs in food establishments," he said, "and I totally disagree with that."

Aside from the general good feeling that dogs can bring to some patrons, Higgins had some practical reasons for letting his shop go to the dogs. Many of his customers consider their dogs part of the family, and they are reluctant to leave them in their cold or hot car depending on the season.

Then there's the very real fear of someone stealing a dog from a vehicle, or from a temporary tie-up somewhere near the shop.

"This is one of the highest per capita places in the country for people with dogs," Higgins said. "People have a relationship with their dog, and they take them wherever they go. They're uncomfortable leaving them."

So in January, Higgins approached his food inspector about the idea. But the state Environment Department, citing national food codes about pets in food establishments, was very clear about keeping canines — with the exception of service and police patrol dogs — away from anything associated with food or food preparation, even in an outdoor patio area.

"He said, 'those are the rules,'" Higgins said. "And I said, 'I don't like those rules.'"

Higgins applied for a variance, which was promptly denied. But after requesting a hearing, Higgins said both sides were able to outline their concerns and reach a compromise. The variance, one of the first of its kind, was approved in April.

"The hearing committee was very pleasant, very congenial to work with," Higgins said. "We figured out a way to make it mutually acceptable, and they really worked with me on that and I appreciated it."

MaryLou LaCasse, the department's food-program manager, said variances can be sought on any aspect of the state's rules and regulations. The public's health is the main concern, she said, and any variance must provide equal protection.

It's well-researched and documented, LaCasse said, that dogs can carry diseases that pose a risk around food. That's why it's clear that pets should not be where food is prepared or served.

State food inspectors, in granting the variance, however, noted that the circumstances of the candy shop are unusual. Higgins agrees. He doesn't serve foods that dogs crave, like hamburgers and hot dogs. And almost all of his products are packaged.

Still, the burden is on Higgins to keep animals out of dining areas, keep adequate ventilation and adhere to a stringent cleaning and sanitizing regime, LaCasse said. A dining table and chairs, for example, must be removed from an area in the shop that's considered a lounge. Couches and coffee tables are permitted.

Higgins said the restrictions were easy to accommodate, and the need to sanitize things so it "doesn't smell like a dog" were obvious. "I understand their concerns, and I respect that," he said. "They weren't being unrealistic."

Earlier this week, Higgins was preparing his shop for a hoped-for dog onslaught. While dogs aren't allowed in certain areas, they can be accommodated in the lounge area and outside. Several signs will help customers know where canines are allowed and that dogs might be in the shop.

He was also happy to find and old fire hydrant, which he placed near a yard wall, and workers were busy creating a more pedestrian-friendly entrance. Old railroad nails were being fashioned into hooks — places where leashed dogs could await their best friend busy at the counter. He was also expecting special-order water bowls for his canine visitors.

Higgins said he likes his décor to be "upscale but not pretentious."

While Higgins said he might lose a part of his customer base, most customers have been positive about the development. Naturally, he still reserves the right to refuse poorly behaved dogs from the building.

"There seems to be a groundswell of enthusiasm gaining," he said. "There have been no complaints or concerns. This feels very cutting edge."

This first step may help ease the concerns many have over mixing dogs with food establishments, Higgins said.

"There's a part of me that can't help wonder that if this works nicely and there's a groundswell, well, grassroots can do a lot," he said. "People might be able to change the law, or shift the consciousness to be more flexible. They have their guidelines, and we have to respect their rules. I'm willing to give it a shot."