Details

Conviction number:
316
Trade name of food business:
Pontiac Burgers and Wings
Address of premises where offence(s) occurred:
397 Burwood Highway, Vermont South 3133
Name of convicted person(s) or company:
Todd Patrick Buzza AKA Todd Thomas
Relationship of convicted person(s) to the business:
Proprietor
Date of conviction:
29 November 2018
Court:
Ringwood Magistrates' Court
Court decision:
Found guilty with conviction
Sentence and/or order imposed:
Convicted and fined $15,000 as part of an aggregate order, with $5,000 costs
Prosecution brought by or for:
Whitehorse City Council
Description of offense(s):

Food Act section 16(1) - on 1 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 3(1)(b) - did fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities,
  3. 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,
  4. Standard 3.2.2, clause 6(1)(b) - did fail, when storing food, to store the food in such a way that the environmental conditions under which it is stored will not adversely affect the safety and suitability of the food,
  5. Standard 3.2.2, clause 6(2)(a) - did fail, when storing potentially hazardous food, to store it under temperature control,
  6. Standard 3.2.2, clause 17(1)(a) - did fail to maintain easily accessible hand washing facilities,
  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 22(a) - did fail, at a food premises where potentially hazardous food is handled, to have a temperature measuring device that is readily accessible,
  11. Standard 3.2.2, clause 24(1)(b) - did fail to take all practicable measures to prevent pests entering the food premises,
  12. Standard 3.2.3, clause 5(a) - did fail to have a sewage and waste water disposal system that will effectively dispose of all sewage and waste water,
  13. 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,
  14. Standard 3.2.3, clause 10(2)(a) - subject to subclause (3), did fail to ensure floors are able to be effectively cleaned,
  15. Standard 3.2.3, clause 11(4)(a) - did fail to ensure walls and ceilings be able to be effectively cleaned,
  16. Standard 3.2.3, clause 13(2) - did fail to ensure fixtures, fittings and equipment that are designed to be connected to a sewage and waste water disposal system and discharge sewage or waste water be connected to a sewage and waste water disposal system,
  17. Standard 3.2.3, clause 14(2)(b) - did fail to ensure hand washing facilities must be connected to, or otherwise provided with, a supply of warm running potable water,
  18. 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 1 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 19F - on 1 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.

Food Act section 35A(1)(a) - on 1 May 2018 did allow a food business to operate from a food premises that is not registered with the registration authority.

Food Act section 16(1) - on 7 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 3(1)(b) - did fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities,
  3. Standard 3.2.2, clause 6(1)(b) - did fail, when storing food, to store the food in such a way that the environmental conditions under which it is stored will not adversely affect the safety and suitability of the food,
  4. Standard 3.2.2, clause 6(2)(a) - did fail, when storing potentially hazardous food, to store it under temperature control,
  5. Standard 3.2.2, clause 17(1)(a) - did fail to maintain easily accessible hand washing facilities,
  6. 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,
  7. Standard 3.2.2, clause 22(a) - did fail, at a food premises where potentially hazardous food is handled, to have a temperature measuring device that is readily accessible,
  8. Standard 3.2.3, clause 14(2)(b) - did fail to ensure hand washing facilities must be connected to, or otherwise provided with, a supply of warm running potable water.

Food Act section 19F - on 7 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.

Food Act section 35A(1)(a) - on 7 May 2018 did allow a food business to operate from a food premises that is not registered with the registration authority.

Food Act section 19GB - on 8 May 2018 the proprietor of a food premises that is required under section 19GA(1) to have a food safety supervisor did fail to give the registration authority written details of the name and qualifications of the current food safety supervisor for the premises within seven days of being asked to do so by the registration authority.

Food Act section 35A(1)(a) - on 10 May 2018 did allow a food business to operate from a food premises that is not registered with the registration authority.

Food Act section 35A(1)(a) - on 11 May 2018 did allow a food business to operate from a food premises that is not registered with the registration authority.

Food Act section 29(g) - on 14 May 2018 did assault, obstruct or attempt to obstruct, threaten, abuse, insult, intimidate or attempt to intimidate an authorized officer or other person in the exercise of his powers or authorities or the discharge of his functions or duties under this Act.

Food Act section 35A(1)(a) - on 16 May 2018 did allow a food business to operate from a food premises that is not registered with the registration authority.

Food Act section 19A(7) - on 16 May 2018 and 18 May 2018 did contravene an order made under section 19A on 11 May 2018.

Food Act section 16(1) - on 18 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 3(1)(b) - did fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities,
  3. 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,
  4. Standard 3.2.2, clause 6(1)(b) - did fail, when storing food, to store the food in such a way that the environmental conditions under which it is stored will not adversely affect the safety and suitability of the food,
  5. Standard 3.2.2, clause 6(2)(a) - did fail, when storing potentially hazardous food, to store it under temperature control,
  6. Standard 3.2.2, clause 6(2)(b) - did fail, when storing potentially hazardous food, to ensure the food remains frozen during storage if it is food that is intended to be stored frozen,
  7. Standard 3.2.2, clause 17(1)(a) - did fail to maintain easily accessible hand washing facilities,
  8. 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,
  9. 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,
  10. 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,
  11. Standard 3.2.3, clause 5(a) - did fail to have a sewage and waste water disposal system that will effectively dispose of all sewage and waste water,
  12. Standard 3.2.3, clause 11(4)(a) - did fail to ensure walls and ceilings be able to be effectively cleaned,
  13. Standard 3.2.3, clause 14(2)(b) - did fail to ensure hand washing facilities must be connected to, or otherwise provided with, a supply of warm running potable water.

Food Act section 19F - on 18 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.

Food Act section 19(8) - on 18 May 2018 did remove the copy of an order affixed to a food premises under subsection (4)(a)(i) while that order remains in force.

Food Act section 29(g) - on 18 May 2018 did assault, obstruct or attempt to obstruct, threaten, abuse, insult, intimidate or attempt to intimidate an authorized officer or other person in the exercise of his powers or authorities or the discharge of his functions or duties under this Act.

Food Act section 35A(1)(a) - on 18 May 2018 did allow a food business to operate from a food premises that is not registered with the registration authority.