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.
Cici’s Pizza Bar
Trading name*: Cici’s Pizza Bar
Name of convicted*: Cecille Yalung
Address of business: 164 Port Road, Hindmarsh SA 5007
Date of offence: 7, 11, 13 & 14 July 2019
Nature and circumstances of offence:
- Offence under the Food Act 2001 Section 17(2) – Sale of unsuitable food – 1 count
- Offence under the Food Act 2001 Section 21 (1) – Failure to comply with the Food Standards Code – 17 counts
- Food Safety Standard 3.2.2 Clause 6(1)(a)
- Food Safety Standard 3.2.2 Clause 6(2)
- Food Safety Standard 3.2.2 Clause 7(1)(b)(i)
- Food Safety Standard 3.2.2 Clause 11(1)(a)
- Food Safety Standard 3.2.2 Clause 11(1)(a)
- Food Safety Standard 3.2.2 Clause 17(1)(d)
- Food Safety Standard 3.2.2 Clause 17(1)(b)(ii)
- Food Safety Standard 3.2.2 Clause 19(1)
- Food Safety Standard 3.2.2 Clause 19(2)
- Food Safety Standard 3.2.2 Clause 20(1)
- Food Safety Standard 3.2.2 Clause 21(1)
- Food Safety Standard 3.2.2 Clause 21(1)
- Food Safety Standard 3.2.2 Clause 22(b)
- Food Safety Standard 3.2.2 Clause 24(1)(b)
- Food Safety Standard 3.2.3 Clause 10(2)
- Food Safety Standard 3.2.3 Clause 11(4)(a)
- Food Safety Standard 3.2.3 Clause 11(4)(b)
- Offence under the Food Act 2001 Section 50 – Contravention of improvement notice or prohibition order – 2 counts
Court decision date: 15 November 2021
Court: Adelaide Magistrate’s Court
Prosecution brought by: City of Charles Sturt
Penalty:
Fine: $5,250.00
Court Fee: $338.00
V.I.C. Levy: $160.00
Total: $5,748
Comments: Pleaded guilty
Angkor Bakery
Trading name*: Angkor Bakery
Name of convicted*: Hang Chour Keo
Address of business: Shop 25/122-200 Winzor Street, Salisbury Downs SA 5108
Date of offence: 7 and 12 February 2019
Nature and circumstances of offence:
- Offence under the Food Act 2001 Section 16(2) – Sale of unsafe food.
- Offence under the Food Act 2001 Section 21 (1) – Failure to comply with the Food Standards Code – Standard 3.2.2 Clause 8(1).
Court decision date: 25th August 2020
Court: Elizabeth Magistrates Court
Prosecution brought by: City of Salisbury
Penalty:
Fine: $ 2,800.00
Court Fee: $338.00
V.I.C. Levy: $320.00
Prosecution Costs: $1,100.00
Total: $4,558.00
Comments: Pleaded guilty
Angkor Bakery and Caffe
Trading name*: Angkor Bakery and Caffe
Name of convicted*: Hang Chour Keo
Address of business: Shop 7/382-396 Waterloo Corner Road, Burton SA 5110
Date of offence: 6 and 12 February 2019
Nature and circumstances of offence:
- Offence under the Food Act 2001 Section 16(2) – Sale of unsafe food.
- Offence under the Food Act 2001 Section 21 (1) – Failure to comply with the Food Standards Code – Standard 3.2.2 Clause 8(1).
Court decision date: 25 August 2020
Court: Elizabeth Magistrates Court
Prosecution brought by: City of Salisbury
Penalty:
Fine: $ 3,500.00
Court Fee: $338.00
V.I.C. Levy: $320.00
Prosecution Costs: $1,100.00
Total: $5,258.00
Comments: Pleaded guilty
Oasis Pizza and Pasta Hillcrest
Trading name*: Oasis Pizza and Pasta Hillcrest
Name of convicted*: Peter Moussa
Address of business: 2/471 North East Road, Hillcrest SA 5086
Date of offence:
- 30 April 2019
- 10 May 2019
- 14 May 2019
- 1 October 2019
Nature and circumstances of offence:
Offences under the Food Act 2001 Section 21 (1) - Failure to comply with the Food Standards Code:
- Standard 3.2.2 6(1)(a) Storage
- Standard 3.2.2 6(2) Storage
- Standard 3.2.2 17(1)(d) Hygiene of food handlers
- Standard 3.2.2 17(1)(b) Warm running water
- Standard 3.2.2 21(1) Maintenance
- Standard 3.2.3 13(1) Connection to an adequate supply of water
- Standard 3.2.2 20(1) Equipment in a clean and sanitary condition
- Standard 3.2.2 19(1) Cleanliness
- Standard 3.2.2 19(1) Cleanliness
- Standard 3.2.2 3(1) Skills and knowledge
- Standard 3.2.2 20(1) Equipment in a clean and sanitary condition
- Standard 3.2.2 6(1) Storage of food to prevent likelihood of contamination
- Standard 3.2.2 19(2) Cleanliness of fixtures, fittings and equipment
- Standard 3.2.2 19(1) Cleanliness of premises
- Standard 3.2.2 19(1) Cleanliness of premises
- Standard 3.2.2 21(1) Maintenance of fixtures
- Standard 3.2.2 21(1) Maintenance of premises
- Standard 3.2.3 8 Lighting
- Standard 3.2.2 3(1) Skills and Knowledge
19 counts.
Court decision date: 17 June 2020
Court: Adelaide Magistrates Court
Prosecution brought by: City of Port Adelaide Enfield
Penalty:
Fine: $7,500.00
Court Fee: $1,100.00
V.I.C. Levy: $3,040.00
Community Service: 80 hours within 12 months of court decision date
Total: $11,640.00
Comments: Pleaded guilty