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 healthfood@sa.gov.au.

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

 


Jam and Sugar (JAS) Bakehouse

Trading name*: Jam and Sugar (JAS) Bakehouse

Name of convicted*: Monipiseth Norodom (1st defendant) and Thi Huong Tran Le

Address of business: Shop 12/168-180 St. Vincent street, Port Adelaide, SA 5015

Date of offence: 8 August 2016 and 14 November 2016

Nature and circumstances of offence: Offence under the Food Act 2001 Section 21 (1) Fail to comply with the Food Standards Code – Standard 3.2.2:

  • Clause 3(1) - Failing to ensure persons undertaking food handling operations had skills in and knowledge of food safety and food hygiene matters commensurate with their work activities
  • Clause 6(1) – Failing to store food in such a way so as to protect it from the likelihood of contamination
  • Clause 8(5) – Failing to store potentially hazardous food under temperature control (2 offence)
  • Clause11- Failing to keep separate and identify food held for disposal(6 offence)
  • Clause 17(1) - Failing to provide an adequate supply of paper towels at a hand washing facility
  • Clause 19(2) – Failing to maintain fixtures and equipment in an appropriate state of cleanliness (5 offence)

Offence under the Food Act 2001 Section 17 (2)

  • Selling unsuitable food (7 offence)

Court decision date: 4 August 2017

Court: Magistrates Court of South Australia

Prosecution brought by: City of Port Adelaide Enfield

Penalty

  1. Fine: $4000.00
    Counsel Fee: $500.00
    Victim of Crime Levy: $3840.00
    Total: $8340
  2. Fine: $10000.00
    Counsel Fee: $500.00
    Victim of Crime Levy: $3840.00
    Total: $14340.00
    Total Penalty: $22360.00

Comments: Pleaded guilty

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Moo View Dairy

Trading name*: Moo View Dairy

Name of convicted*

1. Mark Tyler

2. Helen Tyler

Address of business: 1849 Victor Harbor Road, Willunga Hills SA 5172

Date of offence: Between 17 April 2015 - 1 May 2013

Nature and circumstances of offence: Offence under the Food Act 2001 Section 21 (2) 

  • Fail to comply with the Food Standards Code – Standard 2.5.1 and Standard 4.2.4: Clause 15 (1) Processing of milk and dairy products ( 2 offences)

Court decision date: 14 April 2016

Court:  Magistrates Court - Christies Beach 

Prosecution brought by: Biosecurity SA Plant and Food Standards

Penalty

  1. Fine: $13500.00
  2. Fine: $4000.00
    Prosecution Costs: $1000.00
    Victim of Crime Levy: $320.00
    Total Penalty: $18820.00

Comments: Pleaded guilty

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Bing Boy

Trading name*: Bing Boy

Name of convicted*

1. Michael Calava 

2. Tight Assignments Pty Ltd 

Address of business: Shop 2025A, 297 Diagonal Road, Oaklands Park, SA 5047

Date of offence: 16 April 2015

Nature and circumstances of offence

Offence under the Food Act 2001 Section 21 (1) Fail to comply with the food standards Code - Standard 3.2.2: 

  • Clause 15, Failed 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: and –wash his or her hands in accordance with subclause (4) – whenever his or her hands are likely to be a source of contamination of food: and – when engaging in a food handling operation that involves unprotected food or surfaces likely to come into contact with food, wash his or her hands in accordance with subclause (4) after touching his or her hair, scalp or a body opening.
  • Clause 17 (1), failed to provide and maintain easily accessible hand washing facilities and ensure hand washing facilities are only used for the washing of hands, arms and face.

Court decision date: 29 January 2016 

Court: Adelaide Magistrates Court 

Prosecution brought by: City of Marion

Penalty

  1. Fine: $1,000.00
    Court Fee: $151.38
    Victims of Crime Levy: $480.00
    Counsel Fee: $495.00
    Total Penalty: $2126.38
  2. Fine: $6,000.00
    Court Fee: $151.37
    Victim of Crime Levy: $480.00
    Counsel Fee: $495.00
    Total Penalty: $7126.37

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Stirling Hotel

Trading name*: Stirling Hotel

Name of convicted*: Stirling Hotel (SA) Pty Ltd

Address of business: 52 Mount Barker Road, Stirling, 5152

Date of offence: 11 March 2015 & 17 June 2015

Nature and circumstances of offence: Office under the Food Act 2001 Section 21 (1) Fail to comply with the Food Standards Code - Standard 3.2.2: 

  • Clause 19 (1) - Unclean premises (2 offences)
  • Clause 6 (1) – Failed to protect food from contamination (2 offences)
  • Clause 7 (1) - Failed to protect equipment from contamination
  • Clause 17 (1) – Failed to provide single use towels
  • Clause 6 (2) – Failed to store potentially hazardous foods under temperature control
  • Clause 14 (2) – Failed to provide a supply of warm running water potable water to hand washing facilities

Court decision date: 11 November 2016

Court: Adelaide Magistrates Court of South Australia

Prosecution brought by: Adelaide Hills Council

Penalty

  1. Fine: $7200.00
    Court Fee: $260.00
    Victim of Crime Levy: $1760.00
    Counsel Fee: 
    Total Penalty:
    Prosecution costs: $3000.00
    Total Penalty: $12220.00

Other/notes: Pleaded guilty

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