Details

Conviction number:
325
Trade name of food business:
Indi Hots Catering
Address of premises where offence(s) occurred:
2 Dunlop Road, Hoppers Crossing VIC 3029
Name of convicted person(s) or company:
Dinesh Gourisetty
Relationship of convicted person(s) to the business:
Director of Proprietor Company
Date of conviction:
28 May 2019
Court:
The Magistrates’ Court of Victoria at Sunshine
Court decision:
Found guilty with conviction
Sentence and/or order imposed:
With conviction, fined $15,000 as part of an aggregate order, with $10,000 costs.
Description of offense(s):

Food Act section 11(1) – on 8 March 2018 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Food Act section 11(2) – on 8 March 2018 did sell food that is unsafe. 

Food Act section 16(1) – on 8 March 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 3(1)(a) – did fail to ensure that persons undertaking or supervising food handling operations have skills in food safety and food hygiene matters commensurate with their work activities
  2. 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
  3. Standard 3.2.2, clause 7(2) – did fail, when processing potentially hazardous food that is not undergoing a pathogen control step, to ensure that the time the food remains at temperatures that permit the growth of infectious or toxigenic micro-organisms in the food is minimised
  4. Standard 3.2.2, clause 19(1)(c), (d), (e) and (f) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of food waste; dirt; grease; or other visible matter
  5. 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
  6. 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
  7. 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
  8. 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

Food Act section 19F – on 8 March 2018 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