Details

Conviction number:
323
Trade name of food business:
DP Robinvale Supermarket
Address of premises where offence(s) occurred:
26 Perrin Street, Robinvale VIC 3549
Name of convicted person(s) or company:
Duc Phong Investments Pty Ltd
Relationship of convicted person(s) to the business:
Director of Proprietor Company
Date of conviction:
30 April 2019
Court:
Swan Hill Magistrates Court
Court decision:
Found guilty with conviction
Sentence and/or order imposed:
Convicted and fined $25,000 as part of an aggregate order, and ordered to pay costs in the amount of $2,600
Description of offense(s):

Food Act section 16(1) – on 6 September 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:

  • Standard 3.2.2, clause 6(2)(a) and (b) – did fail, when storing potentially hazardous food to –
    • store it under temperature control; and
    • if it is food that is intended to be stored frozen, ensure the food remains frozen during storage
  • Standard 1.2.1—6 (1) – If the food for sale is in a package, it is required to *bear a label with the information referred to in subsection 1.2.1—8(1) unless it:
    • is made and packaged on the premises from which it is sold; or
    • is packaged in the presence of the purchaser; or
    • is whole or cut fresh fruit and vegetables (other than seed sprouts or similar products) in a package that does not obscure the nature or quality of the food; or
    • is delivered packaged, and ready for consumption, at the express order of the purchaser (other than when the food is sold from a vending machine); or
    • is sold at a *fund raising event; or
    • is displayed in an *assisted service display cabinet.
  • Standard 3.2.2, clause 17(1)(a) – did fail to maintain easily accessible hand washing facilities
  • Standard 1.2.5–4 A food must not be sold after its *use-by date.
  • Standard 3.2.2, clause 6(2)(a) and (b) – did fail, when storing potentially hazardous food to –
    • store it under temperature control; and
    • if it is food that is intended to be stored frozen, ensure the food remains frozen during storage
  • Standard 3.2.2, clause 19(1)(a)– did fail to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, except in garbage containers
  • 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
  • Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
  • Standard 3.2.2, clause 11(1)(a) and (3) – did fail to ensure that food for disposal is held and kept separate until it is destroyed or otherwise used or disposed of so that it cannot be used for human consumption, and did fail to clearly identify any food that is held and kept separate in accordance with subclause (1) as returned food, recalled food, or food that is or may not be safe or suitable, as the case may be

Food Act section 16(1) – on 10 September 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:

  • Standard 3.2.2, 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
  • 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
  • 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
  • Standard 1.2.5–4 A food must not be sold after its use-by date.