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.

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

Cherry Blossom Sushi Bar Southgate Plaza 

Trading name*: Cherry Blossom Sushi Bar Southgate Plaza

Name of convicted*: Xiao Liang & Yunhua Song

Address of business: 23A/98-108 Sherriffs Road, Morphett Vale SA 5162

Date(s) of offence: 3 July 2019 & 19 July 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 Clause 6(1)(a). 2 counts.
  • Standard 3.2.2 Clause 6(2)(b). 1 count.
  • Standard 3.2.2 Clause 7(3). 1 count.
  • Standard 3.2.2 Clause 17(1)(a). 1 count.
  • Standard 3.2.2 Clause 19(2). 1 count.

Court decision date: 28 February 2020

Court: Christies Beach Magistrates Court

Prosecution brought by: City of Onkaparinga

Penalty:
Fine: $ 7,200.00
Court Fee: $ 1,548.00
V.I.C. Levy: $ 1,920.00
Total: $ 10,668.00

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

Mount Barker Foodland

Trading name*: Mount Barker Foodland

Name of convicted*: Mt Barker Supermarkets Pty Ltd

Address of business: 2 Victoria Crescent, Mount Barker SA 5251

Date of offence: 20 May 2019

Nature and circumstances of offence:

  • Section 21(4), Advertisement or sale of food in a manner that contravenes the Food Standards Code (Standard 3.2.2 Clause 3(1)). Failure to ensure that persons undertaking food handling operations has skills and knowledge in food safety and food hygiene matters. 1 count.
  • Section 21(4), Advertisement or sale of food in a manner that contravenes the Food Standards Code (Standard 1.2.5 Clause 4). Prohibition on sale of food after it’s use by date. 10 counts.
  • Section 21(3), Advertisement or sale of food packaged or labelled in a manner that contravenes the Food Standards Code (Standard 1.2.1 Clauses 6(1) and 8(1)(f) and Standard 1.2.5 Clause 3). Sale of food that did not specify a ‘use-by’ date or ‘best-before’ date on the label. 4 counts.

Court decision date: 13 November 2019

Court: Magistrates Court of South Australia

Prosecution brought by: Mount Barker District Council

Penalty:

Fine: $52,800.00
Court Expenses: $ 1,100.00
V.I.C. Levy: $2,400.00
Total: $56,300.00

Comments: Pleaded guilty

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: 25 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: 2 March 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