auxesis / nsw_food_authority_prosecution_notices

NSW Food Authority Prosecution Notices

Scrapes www.foodauthority.nsw.gov.au

Information about the origin and role of the NSW Food Authority.


Scraper for New South Wales Food Authority's prosecution notices list.

Prosecutions notices are for individuals and businesses found guilty for breaching NSW food safety laws by a court.

This scraper runs on Morph. To get started see Morph's documentation.

See also: scraper for New South Wales Food Authority's penalty notices.

Contributors auxesis henare

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Injecting configuration and compiling...  -----> Ruby app detected -----> Compiling Ruby -----> Using Ruby version: ruby-2.3.1 -----> Installing dependencies using bundler 1.11.2  Running: bundle install --without development:test --path vendor/bundle --binstubs vendor/bundle/bin -j4 --deployment  Warning: the running version of Bundler is older than the version that created the lockfile. We suggest you upgrade to the latest version of Bundler by running `gem install bundler`.  Fetching gem metadata from https://rubygems.org/.........  Fetching version metadata from https://rubygems.org/..  Fetching https://github.com/openaustralia/scraperwiki-ruby.git  Installing geokit 1.10.0  Installing coderay 1.1.0  Installing unf_ext 0.0.7.1 with native extensions  Installing mime-types 2.5  Installing httpclient 2.6.0.1  Installing net-http-digest_auth 1.4  Installing net-http-persistent 2.9.4  Installing mini_portile 0.6.2  Installing ntlm-http 0.1.1  Installing webrobots 0.1.1  Installing method_source 0.8.2  Installing slop 3.6.0  Installing sqlite3 1.3.10 with native extensions  Using bundler 1.11.2  Installing nokogiri 1.6.6.2 with native extensions  Installing pry 0.10.3  Installing unf 0.1.4  Installing domain_name 0.5.24  Installing http-cookie 1.0.2  Installing sqlite_magic 0.0.3  Using scraperwiki 3.0.1 from https://github.com/openaustralia/scraperwiki-ruby.git (at morph_defaults@fc50176)  Installing mechanize 2.7.3  Installing reverse_markdown 1.0.3  Bundle complete! 5 Gemfile dependencies, 23 gems now installed.  Gems in the groups development and test were not installed.  Bundled gems are installed into ./vendor/bundle.  Bundle completed (23.10s)  Cleaning up the bundler cache.  Warning: the running version of Bundler is older than the version that created the lockfile. We suggest you upgrade to the latest version of Bundler by running `gem install bundler`.   -----> Discovering process types  Procfile declares types -> scraper Injecting scraper and running... ### Found 26 notices ### There are 1 new notices Extracting Done

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link trading_name name_of_convicted place_of_business council offence_address offence_date description decision_date decision court penalty decision_details prosecution_brought_by notes lat lng
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
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
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
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
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
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
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
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
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
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

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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
    23 records added, 23 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
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  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 19 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    19 records added, 16 records removed in the database
  • Auto ran revision cd8d54cd and completed successfully .
    16 records added, 16 records removed in the database
  • Manually ran revision cd8d54cd and completed successfully .
    16 records added, 16 records removed in the database
  • Manually ran revision 63836bef and failed .
    nothing changed in the database
  • Manually ran revision 63836bef and failed .
    nothing changed in the database
  • Manually ran revision 63836bef and completed successfully .
    16 records added in the database
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    nothing changed in the database
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