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.

Farmhouse Bakery

Trading name*: Farmhouse Bakery

Name of convicted*: Paul Anthony MENCEL

Address of business: Shop 4/746 North East Road, MODBURY SA 5092

Date of offence: 25th September 2018

Nature and circumstances of offence:

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

  • Clause 6(1)(a) – Failure to store food in such a way that protects the food from the likelihood of contamination.
  • Clause 11 – Failure to separate and clearly identify food for disposal.
  • Clause 19(1) – Failure to maintain the food premises to a standard of cleanliness.
  • Clause 19(2) – Failure to maintain all fixtures, fittings and equipment to a standard of cleanliness.
  • Clause 21(1) – Failure to maintain fixtures, fittings and equipment in good state of repair and working order regard to their use. 2 counts.

Offence under the Food Act 2001 Section 21 (1) - Failure to comply with the Food Standards Code – Standard 3.2.3:

  • Clause 15(1) – Failure to have adequate storage facilities for personal and non-food items.

Court decision date: 02/03/2020

Court: Magistrates Court of South Australia

Prosecution brought by: City of Tea Tree Gully

Penalty

Fine: $17,500.00

Court Expenses: $6,293.05

V.I.C. Levy: $1,120.00

Total: $24,913.05

Comments: Pleaded guilty

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