auxesis / nsw_food_authority_prosecution_notices

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-bettamaid-fundraising

Bettamaid Fundraising

A.C.N 122 256 381 Pty Ltd

221 Berkeley Road Unanderra NSW 2526

Wollongong

221 Berkeley Road Unanderra NSW 2526

Offences 1 and 2: 2015-02-16 Offences 3 and 4: 2015-02-17 Offence 5: 2015-02-13 Offences 6 and 7: Between 2015-02-16 and 2015-02-17 Offence 8: Between 2015-01-20 and 2015-02-17 Offence 9: 2015-10-07 Offence 10: Between 2015-01-19 and 2015-02-12

1. The defendant was convicted of the offence under section 16(1) of the NSW Food Act 2003, for handling food intended for sale in a manner likely to render the food unsafe. 2. The defendant was convicted of the offence under section 16(2) of the NSW Food Act 2003, for the sale of food being Apple Strudel that was unsafe. 3. The defendant was convicted of the offence under section 16(2) of the NSW Food Act 2003, for the sale of food being Carrot Slice that was unsafe. 4. The defendant was convicted of the offence under section 16(2) of the NSW Food Act 2003, for the sale of food being Choc Slice that was unsafe. 5. The defendant was convicted of the offence under section 16(2) of the NSW Food Act 2003, for the sale of food being Choc Eclair that was unsafe. 6. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 19, fail to maintain premises and all fixtures, fittings and equipment, having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 7. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 21(1), fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, in a good state of repair and working order having regard to their use. 8. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 24(1), fail to take all practicable measures to prevent pests entering the food premises and to eradicate and prevent the harbourage of pests on the food premises. 9. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 21(1), fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, in a good state of repair and working order having regard to their use. 10. The defendant was convicted of the offence under section 16(2) of the NSW Food Act 2003, for the sale of food that was unsafe.

2016-04-28

Guilty, conviction recorded

Local Court of NSW, Wollongong

Penalty for Offence 1: $7,000 Penalty for Offences 2 - 5: $8,000 per offence Penalty for Offences 6, 7 and 9: $3,000 per offence Penalty for Offence 8: $5,000 Penalty for Offence 10: $10,000 Total penalty: $63,000 Professional costs: $20,000

Decision details not available online

NSW Food Authority

-34.4578291

150.8509141

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-the-corso-bakehouse-nguyen

The Corso Bakehouse

Trung Hieu NGUYEN (As a director of NGUYEN & CO. PTY LTD)

Shop 3/1 The Corso Manly NSW 2095

Manly

Shop 3/1 The Corso Manly NSW 2095

2014-08-22

Offences under Section 21(1) of the Food Act 2003. The defendant company failed to comply with the Food Standards Code, namely: 1. Food Safety Standard 3.2.2 Clause 3(1), fail to ensure persons undertaking or supervising food handling operations have skills and knowledge in food safety and food hygiene matters, commensurate with their work activities. 2. Food Safety Standard 3.2.2 Clause 6(1), fail to store food in such a way that it is protected from the likelihood of contamination. 3. Food Safety Standard 3.2.2 Clause 6(2)(a), fail to store potentially hazardous food under temperature control. 4. Food Safety Standard 3.2.2 Clause 7(1), fail to take all practicable measures to process only safe and suitable food and when processing food, take all necessary steps to prevent the likelihood of food being contaminated. Pie crusts had visible traces of rust. 5. Food Safety Standard 3.2.2 Clause 7(1), fail to take all practicable measures to process only safe and suitable food and when processing food, take all necessary steps to prevent the likelihood of food being contaminated and where a process step is needed to reduce to safe levels and pathogen that may be present in food – use a process step that is reasonably known to achieve the microbiological safety of the food. Pie fillings were not thawed under temperature control. 6. Food Safety Standard 3.2.2 Clause 7(3), fail to ensure cooked potentially hazardous food is cooled within two hours from 60°C to 21°C and within a further four hours from 21°C to 5°C. 7. Food Safety Standard 3.2.2 Clause 7(4), fail to when reheating previously cooked and cooled potentially hazardous food to hold it hot, use a heat process that rapidly heats the food to a temperature of 60°C or above. 8. Food Safety Standard 3.2.2 Clause 11, fail to ensure that food for disposal is held and kept separate until it is destroyed or otherwise disposed of so that it cannot be used for human consumption, returned to its supplier, further processed in a way that ensures its safety and suitability or ascertained to be safe and suitable. 9. Food Safety Standard 3.2.2 Clause 15(1)(b)(e), fail to ensure food handlers when engaging in food handling operations take all practicable measures to prevent unnecessary contact with ready-to-eat food and not eat over unprotected food or surfaces likely to come into contact with food. 10. Food Safety Standard 3.2.2 Clause 17(1)(a), fail to maintain easily accessible hand wash facilities. 11. Food Safety Standard 3.2.2 Clause 19(1), fail to maintain premises to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 12. Food Safety Standard 3.2.2 Clause 19(2), fail to maintain all fixtures, fittings and equipment, having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 13. Food Safety Standard 3.2.2 Clause 20(1)(b), fail to ensure that the food contact surfaces of equipment, whenever food that will come into contact with the surface is likely to be contaminated, is in a clean and sanitary condition. 14. Food Safety Standard 3.2.2 Clause 21(1), fail to maintain food premises, fixtures, fittings and equipment having regard to their use, in a good state of repair and working order. 15. Food Safety Standard 3.2.2 Clause 24(1), fail to take all practical measures to prevent pests from entering the premises and eradicate and prevent the harbourage of pests on the premises. 16. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 6(b), fail to only use food premises, equipment and to have facilities for the storage or garbage and recyclable matter that are enclosed to keep pests and animals away from it that comply with the Food Safety Standards. 17. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 8, fail to only use food premises, fittings and to provide a lighting system that provides sufficient natural or artificial light for the activities conducted on the food premises that comply with the Food Safety Standards. 18. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 10(2)(a), fail to only use food premises, fixtures and design and construct floors of the food premises which are able to be effectively cleaned that comply with the Food Safety Standards. 19. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 12(2)(b), fail to only use food premises and design, construct, locate or install all fixtures and fittings so that they are able to be easily and effectively cleaned and that comply with the Food Safety Standards.

2015-04-30

Guilty, conviction recorded

Local Court of NSW, Manly

Total penalty: $6,650 Professional costs: $8,000

Decision details not available online

Manly Council

-33.7984143

151.285363

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-the-corso-bakehouse

The Corso Bakehouse

Nguyen & Co. Pty Ltd

Shop 3/1 The Corso Manly NSW 2095

Manly

Shop 3/1 The Corso Manly NSW 2095

2014-08-22

Offences under Section 21(1) of the Food Act 2003. The defendant company failed to comply with the Food Standards Code, namely: 1. Food Safety Standard 3.2.2 Clause 3(1), fail to ensure persons undertaking or supervising food handling operations have skills and knowledge in food safety and food hygiene matters, commensurate with their work activities. 2. Food Safety Standard 3.2.2 Clause 6(1), fail to store food in such a way that it is protected from the likelihood of contamination. 3. Food Safety Standard 3.2.2 Clause 6(2)(a), fail to store potentially hazardous food under temperature control. 4. Food Safety Standard 3.2.2 Clause 7(1), fail to take all practicable measures to process only safe and suitable food and when processing food, take all necessary steps to prevent the likelihood of food being contaminated. Pie crusts had visible traces of rust. 5. Food Safety Standard 3.2.2 Clause 7(1), fail to take all practicable measures to process only safe and suitable food and when processing food, take all necessary steps to prevent the likelihood of food being contaminated and where a process step is needed to reduce to safe levels and pathogen that may be present in food – use a process step that is reasonably known to achieve the microbiological safety of the food. Pie fillings were not thawed under temperature control. 6. Food Safety Standard 3.2.2 Clause 7(3), fail to ensure cooked potentially hazardous food is cooled within two hours from 60°C to 21°C and within a further four hours from 21°C to 5°C. 7. Food Safety Standard 3.2.2 Clause 7(4), fail to when reheating previously cooked and cooled potentially hazardous food to hold it hot, use a heat process that rapidly heats the food to a temperature of 60°C or above. 8. Food Safety Standard 3.2.2 Clause 11, fail to ensure that food for disposal is held and kept separate until it is destroyed or otherwise disposed of so that it cannot be used for human consumption, returned to its supplier, further processed in a way that ensures its safety and suitability or ascertained to be safe and suitable. 9. Food Safety Standard 3.2.2 Clause 15(1)(b)(e), fail to ensure food handlers when engaging in food handling operations take all practicable measures to prevent unnecessary contact with ready-to-eat food and not eat over unprotected food or surfaces likely to come into contact with food. 10. Food Safety Standard 3.2.2 Clause 17(1)(a), fail to maintain easily accessible hand wash facilities. 11. Food Safety Standard 3.2.2 Clause 19(1), fail to maintain premises to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 12. Food Safety Standard 3.2.2 Clause 19(2), fail to maintain all fixtures, fittings and equipment, having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 13. Food Safety Standard 3.2.2 Clause 20(1)(b), fail to ensure that the food contact surfaces of equipment, whenever food that will come into contact with the surface is likely to be contaminated, is in a clean and sanitary condition. 14. Food Safety Standard 3.2.2 Clause 21(1), fail to maintain food premises, fixtures, fittings and equipment having regard to their use, in a good state of repair and working order. 15. Food Safety Standard 3.2.2 Clause 24(1), fail to take all practical measures to prevent pests from entering the premises and eradicate and prevent the harbourage of pests on the premises. 16. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 6(b), fail to only use food premises, equipment and to have facilities for the storage or garbage and recyclable matter that are enclosed to keep pests and animals away from it that comply with the Food Safety Standards. 17. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 8, fail to only use food premises, fittings and to provide a lighting system that provides sufficient natural or artificial light for the activities conducted on the food premises that comply with the Food Safety Standards. 18. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 10(2)(a), fail to only use food premises, fixtures and design and construct floors of the food premises which are able to be effectively cleaned that comply with the Food Safety Standards. 19. Food Safety Standard 3.2.3 Clause 2(2), 2(3) and 12(2)(b), fail to only use food premises and design, construct, locate or install all fixtures and fittings so that they are able to be easily and effectively cleaned and that comply with the Food Safety Standards.

2015-04-30

Guilty, conviction recorded

Local Court of NSW, Manly

Total penalty: $2,850 Professional costs: NIL

Decision details not available online

Manly Council

-33.7984143

151.285363

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-balance-thai

Balance Thai

Balance Thai Pty Ltd

Shop 7/565 Sydney Road Seaforth NSW 2092

Manly Council

Shop 7/565 Sydney Road Seaforth NSW 2092

2015-03-09

Offences under Section 21(1) of the Food Act 2003. The defendant company failed to comply with the Food Standards Code, namely: 1. Food Safety Standard 3.2.2 Clause 6(2)(a), fail to store potentially hazardous food under temperature control. 2. Food Safety Standard 3.2.2 Clause 7(1)(b)(i), fail to when processing food, take all necessary steps to prevent the likelihood of food being contaminated. 3. Food Safety Standard 3.2.2 Clause 15(1)(a), fail to ensure food handlers, when engaging in any food handling operation, take all practicable measures to ensure his or her body, anything from his or her body, and anything he or she is wearing does not contaminate food or surfaces likely to come into contact with food. 4. Food Safety Standard 3.2.2 Clause 17(1)(c), fail to ensure hand washing facilities are only used for the washing of hands, arms and face. 5. Food Safety Standard 3.2.2 Clause 19(1), fail to maintain premises to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 6. Food Safety Standard 3.2.2 Clause 23(b)(ii), fail to ensure single use items that are intended to come into contact with food or the mouth of a person are not reused. 7. Food Safety Standard 3.2.2 Clause 24(1)(b), fail to take all practical measures to prevent pests entering the premises.

2015-11-24

Guilty, conviction recorded

Local Court of NSW Manly

Offence 1: $1,500 Offence 3: $500 Offences 2, 4-7: $250 per offence Total penalty: $3,250 Professional costs: $3,000

Decision details not available online

Manly Council

-33.7974649

151.2507792

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-al-madina-lebanese-cuisine

Al-Madina Lebanese Cuisine

Zoul Alame

6/3-9 Terminus Street Castle Hill NSW 2154

The Hills Shire Council

6/3-9 Terminus Street Castle Hill NSW 2154

2015-09-29

Offence under Section 21(1) of the Food Act 2003. The defendant failed to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 19(1)(2) Fail to maintain premises and all fixtures, fittings and equipment, having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter.

2016-02-18

Guilty, conviction recorded

Local Court of NSW, Hornsby

Total Penalty: $300 Professional costs: $800

Decision details not available online

The Hills Shire Council

-33.7335531

151.0067193

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-yi-li-zhou

N/A

Yi Li Zhou

114 Queen Street St Marys NSW 2760

Penrith

114 Queen Street St Marys NSW 2760

Offence 1 and 5: Between 1 August 2014 up to and including 13 October 2014 Offence 2 - 4: 13 October 2014 Offence 6: Between 26 May 2014 up to and including 13 October 2014

1. The defendant was convicted for the offence under section 18(1) of the Food Act 2003, for engaging in conduct that was misleading or deceptive in relation to the labelling of food sold, in that labels on packaged food carried details of the producer or manufacturer of the food as the company, "Jinhua Ham Australia Pty Ltd" and made under "NSW Food Authority Licence 23864", where in fact, the company had deregistered and ceased to exist and the NSW Food Authority licence held by that company and corresponding to that number had been voluntarily cancelled. 2. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 19, fail to maintain premises and all fixtures, fittings and equipment, having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. 3. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.3 Clause 12, fail to ensure that fixtures, fittings and equipment were fit for their intended use, and that they were designed, constructed, located and installed, so that they were able to be easily and effectively cleaned. 4. The defendant was convicted for the offence under section 21(1) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Safety Standard 3.2.2 Clause 6(1), fail to store food in such a way that it was protected from the likelihood of contamination. 5. The defendant was convicted for the offence under section 21(3) of the Food Act 2003, fail to comply with the Food Standards Code, namely: Food Standard 1.2.5 Clause 2, Food Standard 1.2.8 Clause 5 and Food Standard 1.2.11 Clause 2, fail to label packaged food with; a ‘best before’ date, a correctly formatted nutrition information panel and a statement identifying the country where the food was made, produced or grown; or, alternately, that the food was manufactured, packaged and constituted from local and/or imported ingredients. 6. The defendant was convicted for the offence under section 104(2) of the Food Act 2003, for carrying on of a food business for which a licence is required by the Regulations, without holding such a licence.

2016-04-07

Guilty, conviction recorded

Local Court of NSW, Mt Druitt

Penalty: $500 per offence Total penalty: $3,000 Professional costs: $6,586.20

Decision details not available online

NSW Food Authority

-33.765881

150.7745154

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-foodworks-bangalow

Foodworks Bangalow

Sercon Pty Ltd

2-6 Byron Street Bangalow NSW 2479

Byron Shire Council

2-6 Byron Street Bangalow NSW 2479

2015-10-09

The defendant company was convicted of the following offences for a breach of sections 21(1) and 106(G) of the Food Act 2003, namely: 1. Offence under section 21(1) of the Food Act 2003. Food Safety Standard 3.2.2 Clause 3(1), fail to ensure that persons undertaking or supervising food handing operations have skills and knowledge of food safety and food hygiene matters, commensurate with their work activities. 2. Offence under section 21(1) of the Food Act 2003. Food Safety Standard 3.2.2 Clause 17(1), fail to maintain easily accessible hand wash facilities that are only used for the washing of hands, arms and face and fail to provide single use towels or other means of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands. 3. Offence under section 106G(1) of the Food Act 2003, fail to keep a copy of the food safety supervisor certificate at the premises and produce the food safety supervisor certificate for inspection upon request by an authorised officer.

2016-03-18

Guilty, conviction recorded

Local Court of NSW, Byron Bay

Offences 1-2: $500 for each offence Offence 3: Order under Section 10 Crimes (Sentencing Procedure) Act 1999. Total Penalty: $1,000 Professional costs: $1,000

Decision details not available online

Byron Shire Council

-28.6869476

153.523172

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-vans-hot-bread-shop-2

Vans Hot Bread Shop

Van Van Nguyen

671 Pittwater Road Dee Why NSW 2099

Warringah

671 Pittwater Road Dee Why NSW 2099

Offences 1-4: 2015-01-06 Offences 5-9: 2015-01-13

Offences under 21(1) of the Food Act 2003. The defendant failed to comply with the Food Standards Code, namely: 1. Food Standard Code 3.2.2 Clause 19(1) – Fail to maintain food premises to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. 2. Food Standard Code 3.2.2 Clause 6(1)(a) - Fail to store potentially hazardous food in such a way that it is protected from the likelihood of contamination. 3. Food Standard Code 3.2.2 Clause 8(5)(a) – Fail to display potentially hazardous foods under temperature control. 4. Food Standard Code 3.2.2 Clause 24(1)(c) – Fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises. 5. Food Standard Code 3.2.2 Clause 19(1) – Fail to maintain food premises to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. 6. Food Standard Code 3.2.2 Clause 19(2) – Fail to maintain fixtures, fittings and equipment to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. 7. Food Standard Code 3.2.2 Clause 6(1)(a) - Fail to store potentially hazardous food in such a way that it is protected from the likelihood of contamination. 8. Food Standard Code 3.2.2 Clause 24(1)(c) – Fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises. 9. Food Standard Code 3.2.3 Clause 10(2) – Fail to ensure that floors are able to be effectively cleaned, unable to absorb grease, food particles or water, and unable to provide harbourage for pests.

Offences 1-8: 2015-09-18 Offence 9: 2015-12-10

Guilty, conviction recorded

Local Court of NSW, Manly

Offences 1-4: $250 per offence Offences 5-9: $400 per offence Total Penalty: $3,000 Professional costs: $1,250

Decision details not available online

Warringah Council

-33.7450306

151.2945738

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-vans-hot-bread-shop

Vans Hot Bread Shop

Thi Hoa Nguyen

671 Pittwater Road Dee Why NSW 2099

Warringah

671 Pittwater Road Dee Why NSW 2099

Offences 1-4: 2015-01-06 Offences 5-9: 2015-01-13

Offences under 21(1) of the Food Act 2003. The defendant failed to comply with the Food Standards Code, namely: 1. Food Standard Code 3.2.2 Clause 19(1) – Fail to maintain food premises to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. 2. Food Standard Code 3.2.2 Clause 6(1)(a) - Fail to store potentially hazardous food in such a way that it is protected from the likelihood of contamination. 3. Food Standard Code 3.2.2 Clause 8(5)(a) – Fail to display potentially hazardous foods under temperature control. 4. Food Standard Code 3.2.2 Clause 24(1)(c) – Fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises. 5. Food Standard Code 3.2.2 Clause 19(1) – Fail to maintain food premises to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. 6. Food Standard Code 3.2.2 Clause 19(2) – Fail to maintain fixtures, fittings and equipment to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. 7. Food Standard Code 3.2.2 Clause 6(1)(a) - Fail to store potentially hazardous food in such a way that it is protected from the likelihood of contamination. 8. Food Standard Code 3.2.2 Clause 24(1)(c) – Fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises. 9. Food Standard Code 3.2.3 Clause 10(2) – Fail to ensure that floors are able to be effectively cleaned, unable to absorb grease, food particles or water, and unable to provide harbourage for pests.

Offences 1-8: 2015-09-18 Offence 9: 2015-12-10

Guilty, conviction recorded

Local Court of NSW, Manly

Offences 1-4: $250 per offence Offences 5-9: $400 per offence Total Penalty: $3,000 Professional costs: $1,250

Decision details not available online

Warringah Council

-33.7450306

151.2945738

http://www.foodauthority.nsw.gov.au/offences/prosecutions/offences-details-narkena

Greentime Coconut Drink

Narkena Pty Ltd

18 Yamma Street Sefton NSW 2126

Bankstown

18 Yamma Street Sefton NSW 2126

2013-06-27 to 2014-01-24

1. The defendant was convicted for the offence under Section 18(3); in the course of carrying on the said food business between 27 June 2013 and 24 January 2014 did sell a packaged food, namely “Natural Coconut Drink”, that was labelled in a way that falsely described the food in that, as provided under section 22 of the Food Act 2003: - On the label of the food, the food was represented as being of a particular nature or substance, namely a “fruit drink”, for which there is a prescribed standard under the Food Standards Code, namely Standard 2.6.2. - The food did not comply with that prescribed standard, in that it contained milk or milk product, namely “condensed milk”, by reason of the presence of milk protein. - The definition for a “fruit drink” under the Standard does not include milk, milk product or milk protein, as a food from which it can be prepared: s22(1)(a). - The words “Natural Coconut Drink” and design used in the labelling of the food, in addition to the absence of any reference to milk, milk product or milk protein on the label, would create a false impression as to the nature or substance of the food in the mind of a reasonable person, in that they conveyed to the reasonable person that the contents of the food was primarily derived from coconut fruit, the food containing no ingredients or content of milk, milk product or milk protein: s22(1)(e). - The said food was not of the nature or substance represented by the manner in which it was labelled for sale, in that it contained milk or milk product, namely “condensed milk”, by reason of the presence of milk protein, which was not declared or described on the label as an ingredient or as present in the said food: s22(1)(f).   2. The defendant was convicted for the offence under Section 21(3); between 27 June 2013 and 24 January 2014 did sell food, namely a packaged food, that was labelled as “Natural Coconut Drink”, and that label contravened a provision of the Food Standards Code, (“the Code”), namely Clause 4 of Standard 1.2.3 of the Code in that: - The said food contained, as an ingredient, milk or milk product, namely condensed milk, by reason of the presence of milk protein in the food. - Clause 4 of Standard 1.2.3 of the Code requires those substances listed in the Table to clause 4 be declared on the label on a package of food, where present as an ingredient. Included in the Table is a reference to “Milk and milk products.” - The presence of the said ingredient was not declared on the label on the package of the said food.   3. The defendant was convicted for the offence under Section 18(3); in the course of carrying on the said food business, on the 23 January 2014 did sell a packaged food, namely “Green Time Coconut Drink” that was labelled in a way that falsely described the food in that, as provided under section 22 of the Food Act 2003: - On the label of the food, the food was represented as being of a particular nature or substance, namely a “fruit drink”, for which there is a prescribed standard under the Food Standards Code, namely Standard 2.6.2 (s22(1)(a)). - The food did not comply with that prescribed standard, in that it contained milk or milk product, namely “condensed milk”, by reason of the presence of milk protein. - The definition for a “fruit drink” under Standard 2.6.2 does not include milk, milk product or milk protein, as a food from which it can be prepared (s22(1)(a)). - The said food was not of the nature or substance represented by the manner in which it was labelled for sale as a “fruit drink”, in that it did not meet the requirements of Standard 2.6.2 for it to be a “fruit drink” (in that it contained milk or milk product (namely “condensed milk”) by reason of the presence of milk protein) (s22(1)(f)).  

2015-11-08

Guilty, conviction recorded

The Local Court of NSW, Downing Centre, Sydney

Penalty: 1 – 3. $6000 per offence Total penalty - $18,000 Professional costs of $24,000

Decision details not available online

NSW Food Authority

-33.8829312

151.0126984