Details
- Conviction number:
- 366
- Trade name of food business:
- LTJ Food Services
- Address of premises where offence(s) occurred:
- 601 Whitehorse Road, SURREY HILLS VIC 3127
- Name of convicted person(s) or company:
- Xiao Yang Tuo
- Relationship of convicted person(s) or company:
- Proprietor
- Date of conviction:
- 18 Jul 2024
- Court:
- Melbourne Magistrates Court
- Court decision:
- Guilty with convictions
- Sentence and/or order imposed:
- With convictions, fined $2,000.00; and $8,000.00 as part of an aggregate order, with costs of $136.70
- Prosecution brought by or for:
- Boroondara City
- Description of offence(s):
Food Act section 16(1) – on 9 February 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 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
Food Act section 16(1) – on 17 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(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)(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 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 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 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) – on 21 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(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(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
Reviewed 23 September 2024