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. See below for companies listed on the Prosecution Register.

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 and Controlled Drugs 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.

Oriental Garden

Trading name*: Oriental Garden

Name of convicted*: Xinstar International Pty Ltd

Address of business: 16 Adelaide Rd, Murray Bridge, SA 5253

Date of offence: 14 April 2022 and 14 June 2022

Nature and circumstances of offence:

  • Offence under the Food Act Section 21(1) – failure to comply with the Food Standards Code – 10 counts
    • Food Safety Standard 3.2.2 Clause 6(1)(a)
    • Food Safety Standard 3.2.2 Clause 7(1)(b)
    • Food Safety Standard 3.2.2 Clause 19(1) – 3 counts
    • Food Safety Standard 3.2.2 Clause 19(2)
    • Food Safety Standard 3.2.2 Clause 21(1)
    • Food Safety Standard 3.2.2 Clause 24 – 3 counts

Court decision date: 19 October 2022

Court: Magistrates Court of South Australia

Prosecution brought by: Rural City of Murray Bridge

Penalty:
Fine: $10,078
Court Fee: $358
V.I.C. Levy: $1,714
Counsel Fee $1,648

Total: $14,400

Comments: Pleaded guilty