Details

Conviction number:
328
Trade name of food business:
Da Dong Bei
Address of premises where offence(s) occurred:
191-193 Russell Street, Melbourne VIC 3000
Name of convicted person(s) or company:
Xin Northern Industry Pty Ltd
Relationship of convicted person(s) to the business:
Director of Proprietor Company
Date of conviction:
28 August 2019
Court:
Melbourne Magistrates’ Court
Court decision:
Found guilty with conviction
Sentence and/or order imposed:
Convicted and fined $40,000.00 as part of an aggregate order, and ordered to pay costs in the amount of $4,136.32
Prosecution brought by or for:
City of Melbourne
Description of offense(s):

Food Act section 16(1) – on 2 May 2018 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 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
  2. Standard 3.2.2, clause 7(1)(b) – fail, when processing food, to–
    1. take all necessary steps to prevent the likelihood of food being contaminated; and
    2. where a process step is needed to reduce to safe levels any pathogens that may be present in the food – use a process step that is reasonably known to achieve the microbiological safety of the food
  3. Standard 3.2.2, clause 19(1)(c), (e) and (f) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of food waste; grease; or other visible matter; and clause 19(2)(a), (b), (c) and (d) – 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
  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 3.2.2, clause 24(1)(b) and (c) – did fail to 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
  6. Standard 3.2.3, clause 10(2)(a) – subject to subclause (3), did fail to ensure floors are able to be effectively cleaned
  7. Standard 3.2.3, clauses 11(3)(a) – did fail to ensure that walls and ceilings be sealed to prevent the entry of dirt, dust and pests; and 11(4)(b) – did fail to ensure walls and ceilings, to the extent that is practicable, be unable to provide harbourage for pests
  8. Standard 3.2.3, clause 12(3)(a) – did fail to ensure that food contact surfaces of fixtures, fittings and equipment be able to be easily and effectively cleaned and, if necessary, sanitised if there is a likelihood that they will cause food contamination;

Food Act section 16(1) – on 13 July 2018 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, clauses 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; and 6(2)(a) – did fail, when storing potentially hazardous food, to store it under temperature control
  2. Standard 3.2.2, clause 19(1)(c) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of food waste
  3. Standard 3.2.2, clause 24(1)(c) – did fail to 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
  4. Standard 3.2.3, clause 12(2)(b) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that they are able to be effectively cleaned