Register of Convictions – L & A Bakery

Details

Conviction number:

356

Trade name of food business:

L & A Bakery

Address of premises where offence(s) occurred:

43 Douglas St, Noble Park, VIC 3174

Name of convicted person(s) or company:

L & A Bakery Pty Ltd; and Phillip Tran

Relationship of convicted person(s) or company:

Proprietor; and Director

Date of conviction:

14 Dec 2022

Court:

Dandenong Magistrates Court

Court decision:

Guilty with conviction; and Guilty with conviction

Sentence and/or order imposed:

With conviction, fined $80,000 as part of an aggregate order, with $18,000 costs; and With conviction, fined $15,000 as part of an aggregate order, with $6,000 costs

Prosecution brought by or for:

Greater Dandenong City

Description of offence(s):

Food Act section 11(1) – on 16 June 2021 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Food Act section 11(1) – on 18 June 2021 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Food Act section 11(1) – on 20 July 2021 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Food Act section 11(1) – on 3 September 2021 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Food Act section 11(1) – on 3 March 2022 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Food Act section 16(1) – on 16 June 2021 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)(b)(ii) – did fail to maintain, at or near each hand washing facility, a supply of soap
• 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

Food Act section 16(1) – from 16 June 2021 to 18 June 2021 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 8(5)(a) – did fail, when displaying potentially hazardous food, to display it under temperature control
• 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

Food Act section 16(1) – from 16 June 2021 to 22 June 2021 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(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 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
• Standard 3.2.2, clause 7(1)(a) – fail to take all practicable measures to process only safe and suitable food
• 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
• 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 22(a) – did fail, at a food premises where potentially hazardous food is handled, to have a temperature measuring device that is readily accessible
• Standard 3.2.2, clause 23(b)(ii) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to not reuse such items
• 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
• Standard 3.2.3, clause 5(b) - did fail to have a sewage and waste water disposal system that is constructed and located so that there is no likelihood of the sewage and waste water polluting the water supply or contaminating food
• Standard 3.2.3, clause 6(a) – did fail to have facilities for the storage of garbage and recyclable matter that adequately contain the volume and type of garbage recyclable matter on the food premises
• Standard 3.2.3, clause 12(2)(a) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that there is no likelihood that they will cause food contamination
• 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 16 June 2021 to 29 June 2021 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

Food Act section 16(1) – from 19 July 2021 to 22 July 2021 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)(a) – fail to take all practicable measures to process only safe and suitable food

Food Act section 16(1) – from 19 July 2021 to 27 July 2021 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 3.2.3, clause 6(a) – did fail to have facilities for the storage of garbage and recyclable matter that adequately contain the volume and type of garbage recyclable matter on the food premises
• 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 7(1)(b)(i) – fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated
• 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 22(a) – did fail, at a food premises where potentially hazardous food is handled, to have a temperature measuring device that is readily accessible
• Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
• 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
• 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
• Standard 3.2.3, clause 5(b) - did fail to have a sewage and waste water disposal system that is constructed and located so that there is no likelihood of the sewage and waste water polluting the water supply or contaminating food
• Standard 3.2.3, clause 12(2)(a) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that there is no likelihood that they will cause food contamination
• 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) – on 20 July 2021 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(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

Food Act section 16(1) – from 20 July 2021 to 27 July 2021 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 23(b)(ii) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to not reuse such items

Food Act section 16(1) – from 2 August 2021 to 9 August 2021 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 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
• 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
• 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 23(b)(ii) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to not reuse such items
• Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
• 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
• 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
• Standard 3.2.3, clause 5(b) - did fail to have a sewage and waste water disposal system that is constructed and located so that there is no likelihood of the sewage and waste water polluting the water supply or contaminating food
• Standard 3.2.3, clause 6(a) – did fail to have facilities for the storage of garbage and recyclable matter that adequately contain the volume and type of garbage recyclable matter on the food premises
• Standard 3.2.3, clause 12(2)(a) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that there is no likelihood that they will cause food contamination
• 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) – on 9 August 2021 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)(a) – fail to take all practicable measures to process only safe and suitable food

Food Act section 16(1) – on 3 September 2021 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(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 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
• Standard 3.2.2, clause 7(1)(a) – fail to take all practicable measures to process only safe and suitable food
• 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
• Standard 3.2.2, clause 17(1)(b)(ii) – did fail to maintain, at or near each hand washing facility, a supply of soap
• 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 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 23(b)(ii) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to not reuse such items
• 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
• 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
• Standard 3.2.3, clause 5(b) - did fail to have a sewage and waste water disposal system that is constructed and located so that there is no likelihood of the sewage and waste water polluting the water supply or contaminating food
• Standard 3.2.3, clause 6(a) – did fail to have facilities for the storage of garbage and recyclable matter that adequately contain the volume and type of garbage recyclable matter on the food premises
• Standard 3.2.3, clause 12(2)(a) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that there is no likelihood that they will cause food contamination
• 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 3 September 2021 to 8 September 2021 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 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 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises

Food Act section 16(1) – on 3 March 2022 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 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
• 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)(a) – fail to take all practicable measures to process only safe and suitable food
• 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
• Standard 3.2.2, clause 17(1)(b)(ii) – did fail to maintain, at or near each hand washing facility, a supply of soap
• 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 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 3.2.2, clause 23(b)(ii) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to not reuse such items
• Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
• 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
• 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
• Standard 3.2.3, clause 5(b) - did fail to have a sewage and waste water disposal system that is constructed and located so that there is no likelihood of the sewage and waste water polluting the water supply or contaminating food
• Standard 3.2.3, clause 6(a) – did fail to have facilities for the storage of garbage and recyclable matter that adequately contain the volume and type of garbage recyclable matter on the food premises
• Standard 3.2.3, clause 12(2)(a) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that there is no likelihood that they will cause food contamination
• 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 19A(7) – on 19 July 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 20 July 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 23 July 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 27 July 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 2 August 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 9 August 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 3 September 2021 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 3 March 2022 did contravene an order made under section 19A on 18 June 2021

Food Act section 19A(7) – on 27 July 2021 did contravene an order made under section 19A on 20 July 2021

Food Act section 19A(7) – on 2 August 2021 did contravene an order made under section 19A on 20 July 2021

Food Act section 19A(7) – on 9 August 2021 did contravene an order made under section 19A on 20 July 2021

Food Act section 19A(7) – on 3 September 2021 did contravene an order made under section 19A on 20 July 2021

Food Act section 19A(7) – on 8 September 2021 did contravene an order made under section 19A on 20 July 2021

Food Act section 19A(7) – on 3 March 2022 did contravene an order made under section 19A on 20 July 2021

Food Act section 19CB(6) – on 16 June 2021 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19CB(6) – on 22 June 2021 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19CB(6) – on 19 July 2021 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19CB(6) – on 20 July 2021 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19CB(6) – on 27 July 2021 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19CB(6) – on 9 August 2021 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19CB(6) – on 3 March 2022 the proprietor of a food premises required to keep minimum records did fail to ensure that the required records are kept at the premises to which they relate

Food Act section 19F – on 16 June 2021 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 19F – on 22 June 2021 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 19F – on 19 July 2021 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 19F – on 20 July 2021 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 19F – on 27 July 2021 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 19F – on 3 March 2022 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