Department of Health

Register of Convictions – China Max Essendon

Details

Conviction number:
340
Trade name of food business:
China Max Essendon
Address of premises where offence(s) occurred:
6 Keilor Road, Essendon North, Vic 3041
Name of convicted person(s) or company:
Keilor Pty Ltd
Relationship of convicted person(s) or company:
Director of Proprietor Company
Date of conviction:
13 Dec 2020
Court:
Broadmeadows Magistrates’ Court
Court decision:
Found guilty with conviction
Sentence and/or order imposed:
Convicted and fined $5,000 as part of an aggregate order with costs of $5,000
Prosecution brought by or for:
Moonee Valley City
Description of offence(s):

Food Act section 12(1) – between 18 December 2019 and 23 January 2020 did handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.

Food Act section 12(2) – between 18 December 2019 and 23 January 2020 did sell food that is unsuitable.

Food Act section 16(1) – between 18 December 2019 and 10 January 2020 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(4) – did fail, when reheating previously cooked and cooled potentially hazardous food to hold it hot, to use a heat process that rapidly heats the food to a temperature of 60 degrees C or above, and did not demonstrate that the heating process used will not adversely affect the microbiological safety of the food.

Food Act section 16(1) – between 18 December 2019 and 23 January 2020 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

  • 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) – between 18 December 2019 and 13 February 2020 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 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 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 12(1)(b) – did fail to ensure fixtures, fittings and equipment are fit for their intended use.

Food Act section 19(7) – on 23 December 2019 did contravene an order made under section 19 on 19 December 2019.

Food Act section 19(7) – on 10 January 2020 did contravene an order made under section 19 on 19 December 2019.

Food Act section 19(7) – on 23 January 2020 did contravene an order made under section 19 on 19 December 2019.

Food Act section 19(7) – on 13 February 2020 did contravene an order made under section 19 on 19 December 2019.

Reviewed 17 September 2021

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