Details

Conviction number:
313
Trade name of food business:
Mr Hu’s
Address of premises where offence(s) occurred:
Shop 26 Britannia Mall, Mitcham 3132
Name of convicted person(s) or company:
Ying Hua Hu
Relationship of convicted person(s) to the business:
Director
Date of conviction:
8 November 2018
Court:
Ringwood 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 costs of $9,839
Prosecution brought by or for:
Whitehorse City Council
Description of offense(s):

Food Act section 12(1) – on 15 May 2018 did handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.

Food Act section 16(1) – on 15 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 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 6(2)(a) – did fail, when storing potentially hazardous food, to store it under temperature control,
  4. Standard 3.2.2, clause 7(1)(b)(i) – fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated,
  5. Standard 3.2.2, clause 17(1)(b)(i) – did fail to maintain at or near each hand wash facility, a supply of warm running water,
  6. 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,
  7. 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,
  8. 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,
  9. 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,
  10. 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,
  11. 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) – on 15 May 2018 did fail to ensure that the proprietor’s name is prominently displayed on any food premises used in connection with the food business.

Food Act section 19(7) – on 30 May 2018 did contravene an order made under section 19 on 15 May 2018.

Food Act section 19F – on 15 May 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.