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What NOT to do - Victorian Food Safety 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 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 website.

The Act requires that each conviction is to be included in the register for 12 consecutive months.

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.
Trade name of food business:

 Healthy Noodle
Address of premises where offence(s) occurred:

 Healthy Noodle, 1905 Dandenong Road, Clayton 3168
Date of conviction:

 27 October 2015
Court decision:

Found guilty with convictionSentence and/or order imposed:Convicted and fined $17,000 as part of an aggregate order, with $1,050 costs.

 
Description of offense(s):

 

 

Food Act S16(1) - fail to comply with the Food Standards Code on 4 June 2015 as follows:

  1. Standard 3.2.3, Clause 10 - fail to ensure floors are designed in a way that I appropriate for the activities conducted on the food premises and be unable to absorb grease, food particles or water.
  2. Standard 3.2.2, Clause 19 (1) - fail to maintain the food premises at a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  3. Standard 3.2.2, Clause 19 (1) - fail to maintain the food premises at a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  4. Standard 3.2.2, Clause 24(1) - fail to take all practicable measures to eradicate and prevent harbourage of pests on the food premises.
  5. Standard 3.2.2, Clause 6(1) - fail to store food in such a way that:
    1. It is protected from the likelihood of contamination; and
    2. The environmental conditions under which it is stored will not adversely affect the safety and suitability of the food.
  6. Standard 3.2.2, Clause 19 (2) - fail to maintain the fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  7. Standard 3.2.2, Clause 21 - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  8. Standard 3.2.2, Clause 17(1)(d)(i) - did not maintain at or near each hand wash facility single use towels or other means of effectively drying hands.
  9. Standard 3.2.2, Clause 17(1)(b)(ii) - did not 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.
  10. Standard 3.2.2, Clause 17(1)(a) - fail to maintain easily accessible hand washing facilities.
  11. Standard 1.2.5, Clause 2 - did sell food that was past its use by date.
  12. Standard 3.2.2, Clause 18 - fail to take all practicable measures to ensure all people on the food premises of the food business do not contaminate food.

Food Act S29(e) - fail to comply with any lawful direction or order of an authorized officer on 6 June 2015.

Food Act S16(1) - fail to comply with the Food Standards Code on 9 June 2015 as follows:

  1. Standard 3.2.2, Clause 24 - fail to take all practicable measures to prevent pests entering the food premises.
  2. Standard 3.2.2, Clause 19(1) - fail to maintain the food premises at a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  3. Standard 3.2.2, Clause 21 - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  4. Standard 3.2.2, Clause 19 (2) - fail to maintain the fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  5. Standard 3.2.2, Clause 17(1)(b)(ii) - did not 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.
  6. Standard 3.2.3, Clause 10 - fail to ensure floors are designed in a way that I appropriate for the activities conducted on the food premises and be unable to absorb grease, food particles or water.

Food Act S16(1) - fail to comply with the Food Standards Code on 10 June 2015 as follows:

  1. Standard 3.2.2, Clause 21 - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  2. Standard 3.2.2, Clause 19 (2) - fail to maintain the fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  3. Standard 3.2.2, Clause 19(1) - fail to maintain the food premises at a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  4. Standard 3.2.2, Clause 24(1)(b) - fail to take all practicable measures to prevent pests from entering the food premises.

Food Act S16(1) - fail to comply with the Food Standards Code on 12 June 2015 as follows:

  1. Standard 3.2.2, Clause 19(1) - fail to maintain the food premises at a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  2. Standard 3.2.2, Clause 21 - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  3. Standard 3.2.2, Clause 19 (2) - fail to maintain the fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.

Food Act S12(1) - did handle food intended for sale in a manner that will render the food unsuitable on 12 June 2015.
Trade name of food business:

 Hills Noodle Shop
Address of premises where offence(s) occurred:

 Hills Noodle Shop, 586 Station Street, Box Hill 3128
Date of conviction:

 29 July 2015
Court decision:

Convicted and fined $4,000 as part of an aggregate order, with $4,500 costs.

 
Description of offense(s):

 

  

Food Act S12(20 – did sell food that is unsuitable on 30 November 2014.

Food Act S16(1) – fail to comply with the Food Standards Code on or about 30 November 2014 as follows:

  1. Standard 3.2.2, Clause 3 (1) (b) – fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygien matters.
  2. Standard 3.2.2, Clause 17 (1) (a) - fail to maintain easily accessible hand washing facilities.
  3. Standard 3.2.2, Clause 19 (1) - fail to maintain the food premises at a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  4. Standard 3.2.2, Clause 19 (2) - fail to maintain the fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of food waste, dirt, grease or other visible matter.
  5. Standard 3.2.2, Clause 21 (1) - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and workgin order having regard to their use.
  6. Standard 3.2.2, Clause 24 (1) (c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.
Trade name of food business:

 Café Student Curries and Pizza Restaurant
Address of premises where offence(s) occurred:

 341 Clayton Road, Clayton 3168
Date of conviction:

 11 August 2015
Court decision:

Convicted and fined $20,000 as part of an aggregate order with $4,500 costs.

Convicted and fined $35,000 as part of an aggregate order with $8,000 costs.
Description of offense(s):

 

Food Act 1984 S12(1) – did handle food intended for sale in a manner that will render the food unsuitable on 27 March 2015.

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

  1. Standard 3.2.2 3 (1)(a) - fail to ensure that persons undertaking or supervising food handling operations had skills in food safety and hygiene matters commensurate with their work activities between 27 March 2015 and 1 April 2015.
  2. Standard 3.2.2 3(1)(b) - fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities between 27 March 2015 and 1 April 2015.
  3. Standard 3.2.2 6(1)(a) – fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination on 27 March 2015.
  4. Standard 3.2.2 6(1)(b) – fail to ensure the environmental conditions under which it is stored will not adversely affect the safety and suitability of the food on 27 March 2015.
  5. Standard 3.2.2 6(2)(a) - fail, when storing potentially hazardous food, to store food under temperature control on 27 March 2015.
  6. Standard 3.2.2 7(1)(a) – fail to take all practicable measures to process only safe and suitable food on 27 March 2015.
  7. Standard 3.2.2 7(1)(b)(i)- did not, when processing food, take all necessary steps to prevent the likelihood of food being contaminated on 27 March 2015.
  8. Standard 3.2.2 17 (1)(b)(i) – did not maintain at or near each hand wash facility, a supply of warm running water on 27 March 2015.
  9. Standard 3.2.2 17 (1)(b)(ii) – did not 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 on 27 March 2015.
  10. Standard 3.2.2 17(1)(d) – did not maintain at or near each hand wash facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic micro-organisms to the hands on 27 March 2015. 
  11. Standard 3.2.2 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 on 27 March 2015..
  12. Standard 3.2.2 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter between 27 March 2015 and 31 March 2015.
  13. Standard 3.2.2 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter on 2 April 2015.
  14. Standard 3.2.2 20(1)(b) - fail to ensure that any food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated on 27 March 2015.
  15. Standard 3.2.2 20(1)(b) - fail to ensure that any food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated on 2 April 2015.
  16. Standard 3.2.2 21(1) - fail to maintain the food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use between 27 March 2015 and 31 March 2015.
  17. Standard 3.2.2 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 on 2 April 2015.
  18. Standard 3.2.2 24(1)(b) – fail to take all practicable measures to prevent pests from entering the food premises between 27 March 2015 and 31 March 2015.
  19. Standard 3.2.2 24(1)(c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises between 27 March 2015 and 31 March 2015.
  20. Standard 3.2.3 6(a) – fail to have facilities for the storage of garbage and recyclable matter that adequately that adequately contains the volume and type of garbage recyclable matter on the food premises on 27 March 2015.
  21. Standard 3.2.3 10(2)(a) – fail to have floors that were able to be effectively cleaned on 27 March 2015.
  22. Standard 3.2.3 11(3)(a) – fail to ensure that walls and ceilings were sealed to prevent the entry of dirt, dust and pests, and to ensure that they were they able to be effectively and easily cleaned on 27 March 2015.
  23. Standard 3.2.3 11(3)(a) – fail to ensure that walls and ceilings were sealed to prevent the entry of dirt, dust and pests, and to ensure that they were they able to be effectively and easily cleaned on 2 April 2015.
  24. Standard 3.2.3 11(4)(a) – fail to have walls and ceilings that were able to be effectively cleaned between 27 March 2015 and 31 March 2015.
  25. Standard 3.2.3 14(2)(b) - fail to ensure hand washing facilities are connected to, or otherwise provided with, a supply of warm running potable water on 27 March 2015.
  26. Standard 3.2.3 14(2)(d) - fail to ensure that hand washing facilities were clearly designated for the sole purpose of washing hands, arms and face on 27 March 2015.
  27. Standard 3.2.3 15(1) - fail to ensure adequate storage facilities for the storage of items that are likely to be the source of contamination of food, including chemicals, clothing and personal belongings on 27 March 2015. 

Food Act 1984 S12(1) – did handle food intended for sale in a manner that will render the food unsuitable on 27 March 2015.

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

  1. Standard 3.2.2 3(1)(a) - fail to ensure that persons undertaking or supervising food handling operations had skills in food safety and hygiene matters commensurate with their work activities between 27 March 2015 and 1 April 2015.
  2. Standard 3.2.2 3(1)(b) - fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities between 27 March 2015 and 1 April 2015.
  3. Standard 3.2.2 6(1)(a) – fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination on 27 March 2015.
  4. Standard 3.2.2 6(2) (a) - fail, when storing potentially hazardous food, to store food under temperature control on 27 March 2015.
  5. Standard 3.2.2 7(1)(b)(i)- did not, when processing food, take all necessary steps to prevent the likelihood of food being contaminated on 27 March 2015.
  6. Standard 3.2.2 17(1)(b)(i) – did not maintain at or near each hand wash facility, a supply of warm running water on 27 March 2015.
  7. Standard 3.2.2 17(1)(d) – did not maintain at or near each hand wash facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic micro-organisms to the hands on 27 March 2015. 
  8. Standard 3.2.2 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 on 27 March 2015..
  9. Standard 3.2.2 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter between 27 March 2015 and 31 March 2015.
  10. Standard 3.2.2 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter on 2 April 2015.
  11. Standard 3.2.2 20(1)(b) - fail to ensure that any food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated on 27 March 2015.
  12. Standard 3.2.2 20(1)(b) - fail to ensure that any food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated on 2 April 2015.
  13. Standard 3.2.2 21(1) - fail to maintain the food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use between 27 March 2015 and 31 March 2015.
  14. Standard 3.2.2 24 (1)(c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises between 27 March 2015 and 31 March 2015.
  15. Standard 3.2.3 14 (2)(b) - fail to ensure hand washing facilities are connected to, or otherwise provided with, a supply of warm running potable water on 27 March 2015.
  16. Standard 3.2.3 15(1) - fail to ensure adequate storage facilities for the storage of items that are likely to be the source of contamination of food, including chemicals, clothing and personal belongings on 27 March 2015.  

 

Source: Victoria Health Safety, 7th June 2016

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