Department of Health

Details

Conviction number:
354
Trade name of food business:
Tabac Bread
Address of premises where offence(s) occurred:
296 Springvale Road, Springvale VIC 3171
Name of convicted person(s) or company:
Xuan Van Nguyen
Relationship of convicted person(s) or company:
Proprietor
Date of conviction:
07 Sep 2022
Court:
Dandenong Magistrates’ Court
Court decision:
Guilty with conviction
Sentence and/or order imposed:
With conviction, fined $6,500 as part of an aggregate order, with $8,500 costs
Prosecution brought by or for:
Greater Dandenong City
Description of offence(s):

Food Act section 11(1) – between 23 June 2021 and 23 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(2) – on 8 August 2021 – did fail to ensure walls and ceilings be provided where they are necessary to protect food from contamination.

Food Act section 19A(7) – between 29 June 2021 to 23 September 2021 did contravene an order made under section 19A on 24 June 2021.

Food Act section 16(1) – on 23 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 8(4) – did fail to not display food for sale on any counter or bar, ready-to-eat food that is not intended for self-service unless it is enclosed, contained or wrapped so that the food is protected form likely contamination
  • Standard 3.2.2, clause 13 – did fail to take all reasonable measures not to handle food or surfaces likely to come into contact with food in a way that is likely to compromise the safety and suitability of food
  • Standard 3.2.3, clause 10(2)(a) – subject to subclause (3), did fail to ensure floors are able to be effectively cleaned
  • Standard 3.2.3, clause 12(2)(d) - 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, to the extent that is practicable, they do not provide harbourage for pests
  • 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) – between 23 June 2021 and 24 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 15(3)(a) – a food handler did fail, when engaging in a food handling operation that involves unprotected food or surfaces likely to come into contact with food, to wash his or her hands in accordance with subclause (4) before commencing or re-commencing handling food
  • Standard 3.2.2, clause 23(b)(i) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to take all practicable measures to protect them from the likelihood of contamination until use
  • 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 11(3)(b) – did fail to ensure that walls and ceilings be unable to absorb grease, food particles or water
  • Standard 3.2.3, clause 12(1)(a) – did fail to ensure fixtures, fittings and equipment are adequate for the production of safe and suitable food.

Food Act section 16(1) – between 23 June 2021 and 23 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 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 8(5) – did fail, when displaying potentially hazardous food to display it under temperature control
  • 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(2)(a), (b), (c) and (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 food waste; dirt; grease; or other visible matter
  • Standard 3.2.2, clause 20(1)(a) – did fail to ensure eating and drinking utensils are in a clean and sanitary condition immediately before each use
  • 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)(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 12(1)(b) – did fail to ensure fixtures, fittings and equipment are fit for their intended use
  • 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 12(2)(b) – 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 they are able to be effectively cleaned
  • Standard 3.2.3, clause 12(3)(a) – did fail to ensure 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.

Food Act section 16(1) – on 13 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 15(1)(e) - when engaging in any food handling operation, a food handler did fail to not eat over unprotected food or surfaces likely to come into contact with food.

Food Act section 16(1) – between 23 June 2021 and 5 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 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 3.2.3, 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.

Food Act section 16(1) – between 23 June 2021 and 13 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 20(2)(a) – did fail to maintain a clean and sanitary condition in relation to a surface or utensil where it is clean.

Reviewed 29 December 2022

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