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

Valentino Pizza Cafe

Trading name*: Valentino Pizza Cafe

Name of convicted*: Mahdi Al Haiery

Address of business: 4/901 Grand Junction Road, Valley View, SA 5095

Date of offence: 18 September 2020, 13 October 2020, 10 November 2020, 16 November 2020, 5 January 2021 & 27 January 2021

Nature and circumstances of offence:

  • Offence under the Food Act 2001 Section 17(2) – 1 count
  • Offence under the Food Act Section 21(1) – failure to comply with the Food Standards Code – 15 counts
    • Food Safety Standard 3.2.2 Clause 5(2)(a)
    • Food Safety Standard 3.2.2 Clause 6(1) – 3 counts
    • Food Safety Standard 3.2.2 Clause 7 – 2 counts
    • Food Safety Standard 3.2.2 Clause 9(c)
    • Food Safety Standard 3.2.2 Clause 15
    • Food Safety Standard 3.2.2 Clause 18(3)
    • Food Safety Standard 3.2.2 Clause 19(1)
    • Food Safety Standard 3.2.2 Clause 21(1)
    • Food Safety Standard 3.2.2 Clause 22
    • Food Safety Standard 3.2.2 Clause 24
    • Food Safety Standard 3.2.3 Clause 11(3)(a)
    • Food Safety Standard 3.2.3 Clause 15

  • Offence under the Food Act 2001 Section 50 – Contravention of Improvement Notice - 2 counts

Court decision date: 17 February 2022

Court: Magistrates Court of South Australia

Prosecution brought by: City of Port Adelaide Enfield

Penalty:
Fine: $10,500
Court Fee: $351
V.I.C. Levy: $4,410
Counsel Fee $1,648

Total: $16,909

Comments: Pleaded guilty

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