Details
- Conviction number:
- 382
- Trade name of food business:
- Top Choice Restaurant
- Address of premises where offence(s) occurred:
- 12-14/21A Douglas Street, Noble Park, Vic 3174
- Name of convicted person(s) or company:
- Minh Cuong Ly
- Relationship of convicted person(s) or company:
- Proprietor
- Date of conviction:
- 20 Aug 2025
- Court:
- Dandenong Magistrates’ Court
- Court decision:
- Guilty with conviction
- Sentence and/or order imposed:
- With conviction, fined $18,000.00 as part of an aggregate order, with costs of $6,000.00
- Prosecution brought by or for:
- Greater Dandenong City
- Description of offence(s):
Food Act section 11(1) – between 25 July 2024 and 29 July 2024 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 25 July 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 17(1) – subject to subclause (2), did fail, for each food premises, to maintain easily accessible hand washing facilities; and ensure hand washing facilities are only used for the washing of hands, arms and face
- 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
- 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
Food Act section 16(1) – between 25 July 2024 and 29 July 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 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
Food Act section 16(1) – between 25 July 2024 and 30 July 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 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 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 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 19(7) – on 28 July 2024 did contravene an order made under section 19(2) on 26 July 2024.
Reviewed 23 October 2025