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What NOT to do - Victorian Food Safety (2)

Food Safety

Register of Convictions

Prosecutions for food safety breaches may be initiated where there has been serious non-compliance or a repeated failure to comply with food laws.

This is an important measure taken by government to ensure that food sold in our community is safe for human consumption.

As of 1 July 2010, details of offences under the Victorian Food Act 1984 or the regulations involving the conviction of a person by a court after that date are publicly available on this website.

This is in accordance with section 53D of the Food Act, which requires the Secretary of the Department of Health & Human Services to keep a register of convictions for offences under the Food Act or the regulations, and section 53E, which requires that register to be published on a Department of Health & Human Services website.

Ordinarily, a conviction under the Act is dealt with in open court - typically in the Magistrates' Court. The purpose of the register is to increase the opportunities for a court's decision to become more widely known. This will make information about non-compliance with the Act more readily available to the public.

This table includes the name of the business, its location, the Council area, date of prosecution, specific offences and penalities.

 

Thai Ormond

Ormond

Glen Eira Council

4/2/15

        

Food Act S 16(1) – fail to comply with Standard 3.2.2 of the Food standards Code on or about 11 April 2014:

  1. Fail to store food in such a way that it is protected from the likelihood of contamination.
  2. Fail to store food in such a way that it is protected from the likelihood of contamination.
  3. Fail to store food in such a way that it is protected from the likelihood of contamination.
  4. Fail to store food in such a way that it is protected from the likelihood of contamination.
  5. Did not, when storing potentially hazardous food, store it under temperature control, or ensure food intended to be stored frozen, remains frozen during storage.
  6. Fail to maintain food premises to a standard of cleanliness where there is no accumulation of food waste, dirt, or other visible matter.
  7. Fail to maintain food from premises to a standard of cleanliness where there is no accumulation of grease.
  8. Fail to maintain food premises to a standard of cleanliness where there is no accumulation of visible matter.
  9. Fail to maintain food premises to a standard of cleanliness where there is no accumulation of visible matter.
  10. Fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  11. Fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  12. Fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  13. Fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  14. Fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  15. Fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  16. Fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  17. Fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  18. Fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  19. Fail to take all practicable measures to prevent pests from entering the food premises.
  20. Fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.

 

Food Act S 16(1) – fail to comply with Standard 3.2.3 of the Food standards Code on or about 11 April 2014:

  1. Fail to have floors that were able to be effectively cleaned.
  2. Fail to have floors that were able to be effectively cleaned.
  3. Fail to ensure that walls and ceilings were sealed to prevent the entry of dirt, dust and pests.

Clause 11(4) - fail to ensure ceilings are able to be effectively cleaned.

Convicted and fined $7,500 as part of an aggregate order, with $113.90 costs

  
   

Thai Ormond

Ormond

Glen Eira Council

4/2/15		      

 

 Food Act S 16(1) – fail to comply with Standard 3.2.2 of the Food standards Code on or about 11 April 2014:

  1. Clause 6(1) - fail to store food in such a way that it is protected from the likelihood of contamination.
  2. Clause 6(1) - fail to store food in such a way that it is protected from the likelihood of contamination.
  3. Clause 6(1) - fail to store food in such a way that it is protected from the likelihood of contamination.
  4. Clause 6(1) - fail to store food in such a way that it is protected from the likelihood of contamination.
  5. Clause 6(2) - did not, when storing potentially hazardous food, store it under temperature control, or ensure food intended to be stored frozen, remains frozen during storage.
  6. Clause 19(1)(d) - fail to maintain food premises to a standard of cleanliness where there is no accumulation of food waste, dirt, or other visible matter.
  7. Clause 19(1)(e) - fail to maintain food from premises to a standard of cleanliness where there is no accumulation of grease.
  8. Clause 19(1)(f) - fail to maintain food premises to a standard of cleanliness where there is no accumulation of visible matter.
  9. Clause 19(1)(f) - fail to maintain food premises to a standard of cleanliness where there is no accumulation of visible matter.
  10. Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  1. Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  2. Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  3. Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  4. Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  5. Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  6. Clause 21(1) - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  7. Clause 21(1) - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  8. Clause 21(1) - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  9. Clause 24(1)(b) - fail to take all practicable measures to prevent pests from entering the food premises.
  10. Clause 24(1)(c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.

 

Food Act S 16(1) – fail to comply with Standard 3.2.3 of the Food standards Code on or about 11 April 2014:

  1. Clause 10(2)(a) - fail to have floors that were able to be effectively cleaned.
  2. Clause 10(2)(a) - fail to have floors that were able to be effectively cleaned.
  3. Clause 11(3) - fail to ensure that walls and ceilings were sealed to prevent the entry of dirt, dust and pests.

Clause 11(4) - fail to ensure ceilings are able to be effectively cleaned.

Convicted and fined $2,000 as part of an aggregate order, with $113.90 costs

  
 

Red Emperor

Southbank

Melbourne

City Council

29/1/15

      

 

 Food Act 1984 S12(1) – did handle food intended for sale in a manner that will render the food unsuitable on 20 May 2014.

 

Food Act 1984 S16(1) – fail to comply with Standard 3.2.2 of the Food Standards Code:

  1. Clause 6(1)(a) - fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination on 19 May 2014.
  2. Clause 6(1)(a) - fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination on 20 May 2014.
  3. Clause 7(1)(a)(b) - fail to take all practicable measures to process only safe and suitable food, and when processing food take all necessary steps to prevent the likelihood of food being contaminated on 19 May 2014.
  4. Clause 7(1)(a)(b) - fail to take all practicable measures to process only safe and suitable food, and when processing food take all necessary steps to prevent the likelihood of food being contaminated on 20 May 2014.
  5. Clause 19(1)(c),(d)(e)(f) – fail to maintain the food premises to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter on 19 May 2014.
  6. Clause 19(1)(c),(d)(e)(f) – fail to maintain the food premises to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter on 20 May 2014.
  7. Clause 19(2)(a)(b)(c)(d) – fail to maintain fixtures, fitting and equipment to a standard of cleanliness where there was no accumulation of food waste, dirt, grease and other visible matter on 19 May 2014.
  8. Clause 24(1)(b)(c) – fail to take all practicable measures to prevent pests entering the food premises and to eradicate and prevent the harbourage of pests on 19 May 2014.

Clause 24(1)(b)(c) – fail to take all practicable measures to prevent pests entering the food premises and to eradicate and prevent the harbourage of pests on 20 May 2014.

Convicted and fined $10,000 as part of an aggregate order, with $3,000 costs

  
 

Aloi Na

Melbourne

Melbourne City Council

4/2/15

      

 

 Food Act S16(1) – fail to comply with the Food Standards Code on or about 27 May 2014 as follows:

 

  1. Standard 3.2.2, Clause 6 (1) (a) - fail to take all practicable measures to store food in such a way that it is protected from the likelihood of contamination.

 

  1. Standard 3.2.2, Clause 17 (1) (b), (ii), (c), (d), (i) - fail to maintain at or near each hand wash facility, a supply of soap and paper towels and failed to ensure the hand washing facilities were only used for the washing of hands.

 

  1. Standard 3.2.2, Clause 19 (1) (c), (d), (e), (f) - fail to maintain the premises at a standard of cleanliness where there is no accumulation of food, waste, dirt, grease or other visible matter.

 

  1. Standard 3.2.2, Clause 19 (2) (a), (b), (c), (d) - fail to maintain the fixtures, fittings and equipment to a standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter.

 

  1. Standard 3.2.2, Clause 20 (1) (a), (b) - fail to ensure equipment, utensils, eating and drinking utensils were adequately cleaned and sanitary before use.

 

  1. Standard 3.2.2, Clause 24 (1), (a) ,(b) and (c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and fail to not permit live animals in areas where food is handled.
  2. Standard 3.2.3, Clause 12 (2) (a), (c), (d) - fail to provide fixtures, fittings and equipment that were designed, constructed, located and installed so that there was no likelihood  that they will cause food contamination, that they could easily and effectively be cleaned and to the extent practicable that they did not provide harbourage for pests.

 

  1. Standard 3.2.3, Clause 21 (1) (2) - fail to maintain fixtures, fittings and equipment in a good state of repair and working order having regard to their use.

 

Food Act S19 F - fail to ensure that the required food safety program was kept at the food premises on or about 27 May 2014.

Convicted and fined $60,000 as part of an aggregate order, with $3,947.24 costs

  
 

Chung Hing

Springvale

Greater Dandenong Council

23/4/15

        

 Food Act S8(A)(1) – on 24 November 2014 did handle food intended for sale in a manner that the person ought reasonably to know is likely to render the food unsafe.

 

Food Act S19F – fail to ensure that the required food safety program was kept at the food premises on 24 November 2014.

 

Food Act S16(1) – fail to comply with the Food Standards Code on 24 November 2014 as follows:

 

  1. Standard 3.2.2, Clause 6(1)(a) – fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination.

 

  1. Standard 3.2.2, Clause 17(1)(b)(ii) – fail to maintain at or near each hand wash facility, a supply of warm running water and soap or other items that may be used to thoroughly clean hands.

 

  1. Standard 3.2.2, Clause 19(1) – fail to maintain the food premises to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.

 

Standard 3.2.2, Clause 24(1)(d) – fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.

Convicted and fined $5,000.00 as part of an aggregate order with $113.90 costs.

  

 

 

Source : Health Victoria

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