Breadcrumbs

Food prosecution register

Local council Environmental Health Officers routinely inspect food businesses for compliance with the Food Act 2001 and Australia New Zealand Food Standards Code, and continuously work with businesses to improve standards.

The use of enforcement options by local councils is proportionate and graduated and dependent upon a wide range of factors including the compliance history of the food business and the level of risk posed to consumers.

Enforcement options

The Act provides a wide range of enforcement options for local councils that vary in severity and consequences, including:

  • warning letters
  • expiation notices
  • prohibition orders
  • prosecution.

Prosecution register

Details of businesses or individuals that have been found guilty by a Court of a breach of the Food Act will remain on the register for a period of two years from the Court decision date. Prosecuted businesses or individuals include:

Updating the register

Please note the person or company prosecuted may no longer be associated with the food premise or business listed as there is often some lapsed time between the offence and the court findings.

Requests for changes to the register can be made by emailing SA Health's Food Safety and Nutrition Branch at food@health.sa.gov.au.

Any person or company requesting changes to the register will be required to provide evidence to support any changes requested.

Champion Bakery Pty Ltd

Trading name*: Champion Bakery Pty Ltd

Name of convicted*

  1. Michael John Nickols
  2. Champion Bakery Pty Ltd

Address of business

  1. Lot 151 Minnie Street Port Wakefield SA 5550
  2. Unit 1, 1 Regina Court Beverley SA 5009

Date of offence:

  1. Multiple:
    • 12 and 14 September 2013
    • 11 October 2013
    • 24 January 2014
    • 4 and 18 February 2014
  1. 12 September 2013 and 18 February 2014

Nature and circumstances of offence

  1. Michael John Nickols

Offences under the Food Act 2001 Section 21(1):

Fail to comply with the Food Standards Code – Standard 3.2.2:

  • Clause 3(1), failed to ensure that persons undertaking food handling operations had skills and knowledge of food safety and hygiene matters commensurate with their work activities (1 Offence).
  • Clause 6(1), failed to store food in such a way that it is protected from the potential likelihood of contamination (3 Offences).
  • Clause 11, failed to hold and keep separate and clearly identify food held for disposal(4 Offences).
  • Clause 19(1), failed to maintain a food business to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter (3 Offences).
  • Clause 24(1), failed to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises (3 Offences).

Offences under the Food Act 2001:

  • Section 50 - Handled food intended for sale on the premises in contravention of a Prohibition Order (4 Offences).
  • Section 41(1) - Obstruct and/or attempt to obstruct an authorised officer from accessing the premises (1 Offence).
  • Section 39 - Fail to comply with a requirement of an authorised officer made under Division 1 part 4 of the Food Act 2001 (2 Offences).
  • Section 86(1) - Fail to provide written notification in the prescribed form before conducting a food business (1 Offence).
  1. Champion Bakery Pty Ltd

Offences under the Food Act 2001 Section 21(1):

Fail to comply with the Food Standards Code – Standard 3.2.2:

  • Clause 3(1), failed to ensure that persons undertaking food handling operations had skills and knowledge of food safety and hygiene matters commensurate with their work activities (1 Offence).
  • Clause 11, failed to hold and keep separate and clearly identify food held for disposal (1 Offence).
  • Clause 6(1), failed to store food in such a way that it is protected from the potential likelihood of contamination (1 Offence).
  • Clause 19(1), failed to maintain a food business to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter (1 Offence).
  • Clause 24(1) failed to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises (1 Offence).

Offences under the Food Act 2001: 

  • Section 86(1) - Fail to provide written notification in the prescribed form before conducting a food business (1 Offence).

Court decision date: 3 March 2015

Court: Magistrates Court of South Australia

Prosecution brought by: City of Charles Sturt

Penalty

  1. Fine: $126,000.00
    Victims of Crime Levy: $3520.00
    Costs: $1902.50
    Total:$131,422.50
  2. Fine: $40,000
    Victims of Crime Levy $960.00
    Total Penalty: $40,960.00

* at the time of the offence

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Omega Foods Pty Ltd

Trading name*: Omega Foods Pty Ltd

Name of convicted*: Omega Foods Pty Ltd

Address of business: 33 Adams Street Hindmarsh SA 5007

Date of offence: 25 June 2013

Nature and circumstances of offence

Offences under the Food Act 2001 Section 21 (1),

  • Fail to comply with the Food Standards Code – Standard 3.2.2:
    • Clause 11 Failed to identify and keep separate food for disposal (6 Offences)
    • Clause 19 (1) Failed to maintain clean premises (1 Offence)
    • Clause 21 (1) Failed to maintain fixtures, fittings and equipment in good repair (1 Offence)
  • Fail to comply with the Food Standards Code – Standard 1.1.1:
    • Clause 11 (1) Allowed labelling on a package of food to be altered/removed without the permission of the relevant authority (3 Offences)

Offence under the Food Act 2001 Section 21 (3),

  • Fail to comply with the Food Standards Code – Standard 1.2.5:
    • Clause 11 (1) Failed to ensure the label on a package of food include its use by date or best before date (1 Offence)

Offence under the Food Act 2001 Section 21 (4),

  • Fail to comply with the Food Standards Code – Standard 1.2.5:
    • Clause 3 Failed to ensure food was not sold past its use by date (1 Offence)

Court decision date: 3 March 2015

Court: Magistrates Court of South Australia

Prosecution brought by: City of Charles Sturt

Penalty

Fine: $28,890
Victims of Crime Levy: $2,080
Total:30,970

* at the time of the offence

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Garam Masala Indian Cuisine

Trading name*: Garam Masala Indian Cuisine

Name of convicted*: Garam Garam Masala Indian Cuisine Pty Ltd

Address of business: Shop 23, 832-840 Lower North East Road, Dernancourt

Date of offence: 17 December 2013

Nature and circumstances of offence

Offences under the Food Act 2001 Section 21 (1)

  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 17 (1) (d), Fail to provide single use towels (1 offence).
  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 19, Unclean premises (1 offence).
  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 24, Fail to take all practicable measures to eradicate and prevent harbourage of pests (1 offence).

Court decision date: 21 September 2014

Court: Magistrates Court of South Australia (Holden Hill)

Prosecution brought by: City of Tea Tree Gully

Penalty:

Fine: $5,000.00
Victims of Crime $480.00
Costs: $1187.50
Total Penalty: $6667.50

Comments: Pleaded guilty

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Coles Supermarket McLaren Vale

Trading name*: Coles Supermarket McLaren Vale

Name of convicted*: Coles Supermarkets Australia Pty Ltd

Address of business: 130 Main Road McLaren Vale South Australia

Date of offence: 4 April 2013

Nature and circumstances of offence: Offences under the Food Act 2001 Section 21(4)-

  • Fail to comply with the Food Standards Code – Standard 1.2.5 Clause 3, Sold foods past their use by dates (7 offences).

Court decision date: 15 May 2014

Court: Magistrates Court of South Australia

Prosecution brought by: City of Onkaparinga

Penalty

Fine: $31,500.00
Victims of Crime Levy $1,120
Costs: $10,000.00
Total Penalty: $42,620.00

* at the time of the offence

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Tasca Espresso

Trading name*: Tasca Espresso

Name of convicted*: Nicola Fauso Raschella

Address of business: Shop 48, 720–758 Main North Road, Gepps Cross

Date of offence: 29 January 2013 & 14 March 2013

Nature and circumstances of offence

Offences under the Food Act 2001 Section 21

  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 20, Unclean equipment (meat slicer) (1 offence).
  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 6 (2) (a), Food not stored under temperature control (1 offence).
  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 19, Unclean premises (1 offence).
  • Fail to comply with the Food Standards Code – Standard 3.2.2 Clause 11 (1) & (3), Food incorrectly stored and labelled (2 offence).

Offence under the Food Act 2001 Section 50

  • Contravention of an improvement notice (1 offence)

Court decision date: 29 August 2014

Court: Magistrates Court of South Australia (Port Adelaide)

Prosecution brought by: City of Port Adelaide Enfield

Penalty

Fine: $7,500.00
Victims of Crime Levy & Counsel Fee $3116.00
Costs: $295.75
Total Penalty: $10,911.75

Comments: Pleaded guilty

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