Department of Health

Register of Convictions – Upper Gully Organics

Details

Conviction number:
349
Trade name of food business:
Upper Gully Organics
Address of premises where offence(s) occurred:
1232 Burwood Hwy, Upper Ferntree Gully VIC 3156
Name of convicted person(s) or company:
Michael Stefan Kir
Relationship of convicted person(s) or company:
Proprietor
Date of conviction:
07 Oct 2021
Court:
Ringwood Magistrates' Court
Court decision:
Guilty with conviction
Sentence and/or order imposed:
Convicted and fined $1,500.00 as part of an aggregate order, with costs of $1,627.50.
Prosecution brought by or for:
Knox City
Description of offence(s):

Food Act section 16(1) – from 12 December 2018 to 15 March 2019 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) – from 12 December 2018 to 16 May 2019 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)(a), (c), (d) and (e) – 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; dirt or grease
  • 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

Food Act section 16(1) – from 17 January 2019 to 16 May 2019 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 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises.

Food Act section 16(1) – on 14 March 2019 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(5)(a) – did fail, when displaying potentially hazardous food to display it under temperature control.

Food Act section 12(2) – on 13 December 2018 to 16 May 2019 did sell food that is unsuitable.

Food Act section 19(7) – from 12 December 2018 to 16 May 2019 did contravene an order made under section 19 on 9 January 2019.

Food Act section 19(7) – from 17 January 2019 to 16 May 2019 did contravene an order made under section 19 on 9 January 2019.

Food Act section 16(1) – on 9 January 2019 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 1.2.5, clause 4 - did sell food after its use-by date.

Reviewed 15 December 2021

Was this page helpful?