Details
- Conviction number:
- 374
- Trade name of food business:
- Bunplings
- Address of premises where offence(s) occurred:
- Shop G35/172-210 Burwood Highway, Burwood East, Vic, 3151
- Name of convicted person(s) or company:
- Dalian Zhiweitang Pty Ltd; and Chen Chen
- Relationship of convicted person(s) or company:
- Proprietor; and Director
- Date of conviction:
- 25 Nov 2024
- Court:
- Ringwood Magistrate's Court
- Court decision:
- Guilty with conviction
- Sentence and/or order imposed:
- With conviction, fined $28,000 as part of an aggregate order, with $18,000 costs; and With conviction, fined $12,000 as part of an aggregate order, with $18,000 costs
- Prosecution brought by or for:
- Whitehorse City
- Description of offence(s):
Food Act section 16(3) – from 25 July 2023 to 1 August 2023 did sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code, specifically:
- Standard 1.2.1, clause 8(1)(e) – did fail when the food for sale is in a package, to bear a label with a statement of ingredients
Food Act section 16(1) – from 11 April 2023 to 22 November /2023 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 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
- 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
- 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 3.2.2, clause 17(1)(a) – did fail to maintain easily accessible hand washing facilities
- 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
- 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
- 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
- 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 3.2.3, 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 16(1) – from 25 July 2023 to 1 August 2023 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) – did fail, when storing potentially hazardous food, to store it under temperature control
Food Act section 16(1) – from 11 April 2023 to 5 September 2023 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 7(1)(b)(i) – fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated
Food Act section 16(1) – from 25 July 2023 to 22 November 2023 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 8(1) – did fail, when displaying food, to take all practicable measures to protect the food from the likelihood of contamination
- 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 16(1) – from 25 July 2023 to 10 October 2023 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 10(b) – did fail, when transporting food, to transport potentially hazardous food under temperature control
Food Act section 16(1) – from 11 April 2023 to 1 August 2023 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 17(1)(d)(i) – did fail to provide, at or near each hand washing facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands
- Standard 3.2.2, clause 22(b) – did fail, at a food premises where potentially hazardous food is handled, to have a temperature measuring device that can accurately measure the temperature of potentially hazardous food to +/- 1 degree C
Food Act section 19(7) – from 1 August to 22 November 2023 did contravene an order made under section 19 on 27 July 2023.
Reviewed 06 February 2025