Register of Convictions – La Tune Food Solution Pty Ltd

Details

Conviction number:

369

Trade name of food business:

La Tune Food Solution Pty Ltd

Address of premises where offence(s) occurred:

6 Egan Road, Dandenong VIC 3175

Name of convicted person(s) or company:

La Tune Food Solution Pty Ltd

Relationship of convicted person(s) or company:

Proprietor

Date of conviction:

22 Aug 2024

Court:

Dandenong Magistrate Court

Court decision:

Guilty with conviction

Sentence and/or order imposed:

With conviction, fined $50,000 as part of an aggregate order

Prosecution brought by or for:

Greater Dandenong City

Description of offence(s):

Food Act section 16(1) – on 29 June 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 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(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 7(1)(b)(ii) – where a process step is needed to reduce to safe levels any pathogens that may be present in the food, did fail to use a process step that is reasonably known to achieve the microbiological safety of the food
• Standard 3.2.2, clause 17(1)(a) – did fail to maintain easily accessible hand washing facilities
• 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
• 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 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 20(2) – did fail to maintain a clean and sanitary condition in relation to a surface or utensil where it is clean; has had applied to it heat or chemicals, heat and chemicals, or other processes, so that the number of microorganisms on the surface or utensil has been reduced to a level that does not compromise the safety of the food with which it may come into contact; and does not permit the transmission of infectious disease
• 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(a) – in relation to single use items, did fail to take all practicable measures to ensure they do not come into contact with food or the mouth of a person if they are contaminated or reasonably suspected of being contaminated
• Standard 3.2.2, clause 24(1)(a) – subject to subclauses (2) and (3), did fail to not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish
• Standard 3.2.3, clause 10(2)(a) and (b) - subject to subclause (3), did fail to ensure floors are able to be effectively cleaned; and did fail to ensure floors were unable to absorb grease, food particles or water
• Standard 3.2.3, clause 10(2)(c) – subject to subclause (3), did fail to ensure floors be laid so that there is no ponding of water
• Standard 3.2.3, clause 11(2) – did fail to ensure walls and ceilings be provided where they are necessary to protect food from contamination
• Standard 3.2.3, clause 11(3)(a) and (b) – did fail to ensure that walls and ceilings be sealed to prevent the entry of dirt, dust and pests; be unable to absorb grease, food particles or water
• Standard 3.2.3, clause 12(3)(a), (b) and (c) – did fail to ensure that food contact surfaces of fixtures, fittings and equipment be able to be easily and effectively cleaned and, if necessary, sanitised if there is a likelihood that they will cause food contamination; and be unable to absorb grease, food particles and water if there is a likelihood that they will cause food contamination; and made of material that will not contaminate food
• Standard 3.2.3, clause 14(1)(a) - did fail to have hand washing facilities that are located where they can be easily accessed by food handlers within areas where food handlers work if their hands are likely to be a source of contamination of food.

Food Act section 16(1) – on 28 September 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 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(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
• Standard 3.2.2, clause 7(3)(a) – did fail, when cooling cooked potentially hazardous food, to cool the food within two hours – from 60 degrees C to 21 degrees C
• Standard 3.2.2, clause 15(1)(a) - when engaging in any food handling operation, a food handler did fail to take all practicable measures to ensure his or her body, anything from his or her body, and anything he or she is wearing does not contaminate food or surfaces likely to come into contact with food
• 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)(c) – did fail to ensure hand washing facilities are only used for the washing of hands, arms and face
• 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)(d) – 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 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(a) – in relation to single use items, did fail to take all practicable measures to ensure they do not come into contact with food or the mouth of a person if they are contaminated or reasonably suspected of being contaminated
• Standard 3.2.2, clause 24(1)(a) – subject to subclauses (2) and (3), did fail to not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish
• Standard 3.2.3, clause 12(3)(a), (b) and (c) – did fail to ensure that food contact surfaces of fixtures, fittings and equipment be able to be easily and effectively cleaned and, if necessary, sanitised if there is a likelihood that they will cause food contamination; and be unable to absorb grease, food particles and water if there is a likelihood that they will cause food contamination; and made of material that will not contaminate food
• Standard 3.2.3, clause 14(1) – subject to clause (4), did fail to have hand washing facilities that are located where they can be easily accessed by food handlers within areas where food handlers work if their hands are likely to be a source of contamination of food; and if there are toilets on the food premises – immediately adjacent to the toilet or toilet cubicles.

Food Act section 16(1) – on 5 October 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 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) – fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated; and where a process step is needed to reduce to safe levels any pathogens that may be present in the food – use a process step that is reasonably known to achieve the microbiological safety of the food
• Standard 3.2.2, clause 7(3) – did fail, when cooling cooked potentially hazardous food, to cool the food – within two hours – from 60 degrees C to 21 degrees C; and within a further four hours – from 21 degrees c to 5 degrees C; and did not demonstrate that the cooling process used would not adversely affect the microbiological safety of the food
• 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 24(1)(a) – subject to subclauses (2) and (3), did fail to not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish
• Standard 3.2.3, clause 12(3)(a), (b) and (c) – did fail to ensure that food contact surfaces of fixtures, fittings and equipment be able to be easily and effectively cleaned and, if necessary, sanitised if there is a likelihood that they will cause food contamination; and be unable to absorb grease, food particles and water if there is a likelihood that they will cause food contamination; and made of material that will not contaminate food.

Food Act section 19(7) – on 5 October 2022 did contravene an order made under section 19 on 30 June 2022.

Food Act section 35A(1)(a) – on 6 October 2022 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 6 March 2024 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(3) – did fail, when cooling cooked potentially hazardous food, to cool the food – within two hours – from 60 degrees C to 21 degrees C; and within a further four hours – from 21 degrees c to 5 degrees C; and did not demonstrate that the cooling process used would not adversely affect the microbiological safety of the food.