Details

Conviction number:
298
Trade name of food business:
8 Artisan Bakers
Address of premises where offence(s) occurred:
Shop 8, 2-8 Burwood Highway, Burwood East 3151
Name of convicted person(s) or company:
Christopher Orlando
Relationship of convicted person(s) to the business:
Director
Date of conviction:
26 April 2018
Court:
Ringwood Magistrates Court
Court decision:
Found guilty with conviction
Sentence and/or order imposed:
Convicted and fined $20,000 as part of an aggregate order with costs of $12,000
Prosecution brought by or for:
Whitehorse City Council
Description of offense(s):

Food Act section 16(1) - on 6 December 2016 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:

  1. Standard 3.2.2, clause 19(1) - did fail to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, except in garbage containers; recycled matter, except in containers; food waste; dirt; grease; or other visible matter
  2. Standard 3.2.2, clause 19(2) - did fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste; dirt; grease; or other visible matter,
  3. Standard 3.2.2, clause 20(1)(b) - did fail to ensure food contact surfaces of equipment are in a clean and sanitary condition whenever the food that will come into contact with the surface is likely to be contaminated,
  4. Standard 3.2.2, clause 21(1) - did fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use,
  5. Standard 3.2.3, clause 8 - did fail to have a lighting system that provides sufficient natural or artificial lights for the activities conducted on the premises,
  6. Standard 3.2.3, clause 11(4)(b) - did fail to ensure walls and ceilings, to the extent that is practicable, be unable to provide harbourage for pests,
  7. Standard 3.2.3, clause 10(2) - subject to subclause (3), did fail to ensure floors are able to be effectively cleaned; be unable to absorb grease, food particles or water; be laid so that there is no ponding of water; and to the extent that it is practicable, be unable to provide harbourage for pests,
  8. Standard 3.2.3, clause 12(1) - did fail to ensure fixtures, fittings and equipment are adequate for the production of safe and suitable food; and are fit for their intended use,
  9. Standard 3.2.2, clause 6(1)(a) - did fail, when storing food, to store the food in such a way that it is protected from the likelihood of contamination,
  10. Standard 3.2.2, clause 17(1)(c) - did fail to ensure hand washing facilities are only used for the washing of hands, arms and face,
  11. Standard 3.2.2, clause 24(1) - subject to subclauses (2) and (3), did fail to not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish; and take all practicable measures to prevent pests entering the food premises; and take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food.

Food Act section 16(1) - on 30 December 2016 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:

  1. Standard 3.2.3, clause 14(1)(a) - did fail to have hand washing facilities that are located where they can be easily accessed by food handlers within areas where food handlers work if their hands are likely to be a source of contamination of food,
  2. Standard 3.2.3, clause 15(1) - did fail to ensure food premises has 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.

Food Act section 16(1) - on 10 March 2017 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:

  1. Standard 3.2.3, clause 6(a) - did fail to have facilities for the storage of garbage and recyclable matter that adequately contain the volume and type of garbage recyclable matter on the food premises.

Food Act section 16(1) - on 30 May 2017 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:

  1. Standard 3.2.3, clause 12(1) - did fail to ensure fixtures, fittings and equipment are adequate for the production of safe and suitable food; and are fit for their intended use,
  2. Standard 3.2.3, clause 15(1) - did fail to ensure food premises has 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.

Food Act section 16(1) - on 5 July 2017 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:

  1. Standard 3.2.3, clause 12(1) - did fail to ensure fixtures, fittings and equipment are adequate for the production of safe and suitable food; and are fit for their intended use,
  2. Standard 3.2.3, clause 15(1) - did fail to ensure food premises has 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.

Food Act section 17(1) - did fail to ensure that the proprietor's name is prominently displayed on any food premises used in connection with the food business between 6 December 2016 and 5 July 2017.

Food Act section 19F - the proprietor of a food premises required by a declaration under section 19C to have a food safety program did fail to ensure that the food safety program is kept at the premises to which it relates between 6 December 2016 and 30 May 2017.

Food Act section 35A(1)(a) - did allow a food business to operate from a food premises that is not registered with the registration authority between 6 December 2016 and 30 March 2017.

Food Act section 19(7) - on 17 December 2016 did contravene an order made under section 19 on 9 December 2016.