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.

Star Supermarket

Trading name*: Star Supermarket

Name of convicted*: Mohammed Yunous Sharafat

Address of business: 360 Prospect Rd, Kilburn SA 5084

Date of offence: 20/10/2016 & 31/01/2017

Nature and circumstances of offence: Offence under the Food Act 2001 Section 21 (4)
Fail to comply with the Food Standards Code -

  • Standard 1.2.5 Clause 4 - Failed to sell food with in its use-by date (5 counts).
  • Standard 2.2.2 Clause3 (1) - Selling unacceptable eggs (13 counts)

Offence under the Food Act 2001 Section 21 (3) Fail to comply with the Food Standards Code - Standard 1.2.1 

  • Clause 8 (1) - Failed to provide food for sale compliant with labelling requirements for packaged food. (17 counts)

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

  • Clause 11 - Failed to keep the food separate and identified for disposal (7 counts)
  • Clause 6 (1) - Failed to store food in such a way to protect from contamination(1 count)
  • Clause 19 (2) - Failed to maintain all fixtures, fittings and equipment to a standards of cleanliness with no accumulation of food waste, dirt and grease (2 counts)
  • Clause17 (1) - Failed to supply single use paper towel at hand washing facility (1 count)

Fail to comply with the Food Standards Code - Standard 3.2.3

  • Clause 6 (a) - Failed to have adequate facilities for storage of garbage and recycle matter (1 count)

Court decision date: 17 November 2017

Court: Port Adelaide Magistrates Court

Prosecution brought by:City of Port Adelaide Enfield

Penalty: 

  1. Fine: $45000
    Court Fee: $262
    prosecution Fee: $1500
    V.I.C. Levy: $5600
    Total: $52362

Comments: Pleaded guilty

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Montepellier MP3 Cafe

Name of convicted*: Bing Hao Liang

Address of business: 65 Jetty Road, Brighton, SA 5048

Date of offence: On and around 15 & 19 September 2017, On & around 13 & 17 October 2017

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 24(1) - Failure to take all practicable measures to prevent pests entering the food premises and to prevent harbourage of such pests.
  • Clause 21 - Failure to maintain fixtures at the premises
  • Clause 19 - Failure to maintain premises to a standard of cleanliness where there is no accumulation of garbage except in garbage containers, recycled matter except in containers, food wastes, dirt, grease or other visible matter.

Court decision date: 16 April 2018

Court: Magistrates Court of South Australia

Prosecution brought by : City of Holdfast Bay

Penalty: 

  1. Fine: $2,400.00
    Counsel Fee: $3,300.00
    Victim of Crime Levy: $320.00
    Total: $6,020.00
  2. Fine: $2,400.00
    Victim of Crime Levy: $320.00
    Total: $2,720.00

Total Penalty: $8740.00

Comments: Pleaded guilty

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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, SA5015

Date of offence: 11 October 2017 & 12 October 2017

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 that persons undertaking or supervising food handling operations had skills in and knowledge of food safety and food hygiene matters commensurate with their work activities
  • Clause 8(5) – Failing to display the potentially hazardous food under temperature control
  • Clause 19(2) – Failing to maintain all fixture, fittings and equipment to a standard of cleanliness where there is no accumulation of food wastes, dirt, grease or other visible matter.
  • Clause 21(1) – Failing to maintain fixtures, fittings and equipment in good state of repair and working order regard to their use.

Offence under the Food Act 2001 Section 21(4) – Food sold in a manner that contravenes a provision of the Food Standards Code

Standard 1.2.5 Clause4 – Food sold after use by date

Offence under the Food Act 2001 Section 17(2) – Food sold that was unsuitable for human consumption

Court decision date: 09 November 2018

Court: Magistrates Court of South Australia

Prosecution brought by : CITY OF PORT ADELAIDE ENFIELD

Penalty: 

  1. Fine: $24000.00
    Court Fee: $1000.00
    V.I.C. Levy: $4800.00 per count
    Total: $29800.00

Comments: Pleaded guilty



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