Details
- Conviction number:
- 388
- Trade name of food business:
- Loc Tai Quan
- Address of premises where offence(s) occurred:
- 2/47-49 Alfrieda Street, ST ALBANS VIC 3021
- Name of convicted person(s) or company:
- Thi Gai Nguyen
- Relationship of convicted person(s) or company:
- Proprietor
- Date of conviction:
- 04 Feb 2026
- Court:
- Sunshine Magistrates Court
- Court decision:
- Guilty with conviction
- Sentence and/or order imposed:
- With conviction fined $35,000 as part of an aggregate order, with costs of $10,000
- Prosecution brought by or for:
- Brimbank City
- Description of offence(s):
Food Act section 11(1) – from 17 December 2024 to 3 March 2025 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) – from 3 April 2024 to 3 March 2025 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 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 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) – on 3 March 2025 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 3.2.2A, clause 10(a) – did fail to ensure that each food handler engaging in a prescribed activity has, before engaging in that activity, completed a food safety training course.
Food Act section 16(1) – on 27 May 2025 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)(a) – did fail to maintain easily accessible hand washing facilities.
Food Act section 16(1) – between 27 May 2025 and 14 November 2025 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 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.
Food Act section 12(1) – on 14 November 2025 did handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.
Food Act section 16(1) – on 14 November 2025 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
- Standard 3.2.2, clause 15(1) – 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; take all practicable measures to prevent unnecessary contact with ready-to-eat food; ensure outer clothing is of a level of cleanliness that is appropriate for the handling of food that is being conducted; only use on exposed parts of his or her body bandages and dressings that are completely covered with a waterproofed covering; not eat over unprotected food or surfaces likely to come into contact with food; not sneeze, blow or cough over unprotected food or surfaces likely to come into contact with food; not spit, smoke or use tobacco or similar preparations in areas in which food is handled; and not urinate or defecate except in a toilet
- 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 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 29(g) – on 14 November 2025 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
Reviewed 14 April 2026