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Kurri Curry Kebab

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Name of convicted
Taiba Enterprises Pty Ltd
Trade name
Kurri Curry Kebab
Council area
Cessnock
Date of decision
Court
Cessnock Local Court
Prosecution brought by or for
Cessnock City Council
Address at which offence was committed

133 Lang Street
Kurri Kurri NSW 2327

Date of offence

Offence 1: 2024-10-22 and 2024-11-22
Offence 2: 2024-10-22 to 2024-11-27
Offence 3: 2024-10-22 and 2024-11-22
Offence 4: 2024-10-22 and 2024-11-22
Offence 5: 2024-10-22, 2024-11-22 and 2024-11-27
Offence 6: 2024-10-22, 2024-11-22 and 2024-11-27
Offence 7: 2024-10-22, 2024-11-22 and 2024-11-27
Offence 8: 2024-10-22
Offence 9: 2024-10-22, 2024-11-22 and 2024-11-27
Offence 10: 2024-10-22
Offence 11: 2024-11-22 and 2024-11-27
Offence 12: 2024-10-22
Offence 13: 2024-11-22 and 2024-11-27
Offence 14: 2024-10-22
Offence 15: 2024-10-22 to 2024-11-22

Nature and circumstances of offence

The defendant was convicted of 14 offences under s.21(1) of the NSW Food Act 2003, failure to comply with the Food Standards Code namely:

  • Offence 1: Food Safety Standard 3.2.2A clause 12(1) – Fail to substantiate any matter that the prescribed provisions require in relation to that prescribed activity.
  • Offence 2: Food Safety Standard 3.2.2 clause 3(1) – Fail to ensure persons undertaking or supervising food handling operations have skill and knowledge of food safety and food hygiene matters commensurate with their work activities.
  • Offence 3: Food Safety Standard 3.2.2 clause 6(2)(a) – Fail to ensure potentially hazardous food is stored under temperature control.
  • Offence 4: Food Safety Standard 3.2.2 clause 7(2) – Fail to, when processing potentially hazardous food that is not undergoing a pathogen control step, ensure that the time the food remains at temperatures that permit the growth of infectious or toxigenic microorganisms in the food is minimised.
  • Offence 5: Food Safety Standard 3.2.2 clause 19(1) and (2) – Fail to maintain the food premises and all fixtures, fittings and equipment, to the required standard of cleanness.
  • Offence 6: Food Safety Standard 3.2.2 clause 20(1)(b) – Fail to ensure the food contact surfaces of equipment is in a clean and sanitary condition.
  • Offence 7: Food Safety Standard 3.2.2 clause 21(1) – Fail to maintain the food premises and all fixtures, fittings and equipment in a good state of repair and working order.
  • Offence 8: Food Safety Standard 3.2.2 clause 23(b) – Fail to take all practicable measures to protect single use items from contamination.
  • Offence 9: Food Safety Standard 3.2.2 clause 24(b) and (c) – Fail to take all practicable measure to prevent pests entering the premises, and to eradicate and prevent harbourage of pests.
  • Offence 10: Food Safety Standard clause 3.2.3 clause 6(b) – Fail to have facilities for the storage of garbage and recyclable matter that enclose the garbage.
  • Offence 11: Food Safety Standard clause 3.2.3 clause 10(2) – Fail to ensure floors are able to be effectively cleaned, unable to absorb grease, food particles or water, and laid so there is no ponding of water.
  • Offence 12: Food Safety Standard 3.2.3 clause 11(3) – Fail to ensure walls and ceilings are able to be effectively cleaned.
  • Offence 13: Food Safety Standard 3.2.3 clause 12(2)(b) – Fail to ensure fixtures, fittings and equipment are designed, constructed, located and installed so that they are able to be effectively cleaned.
  • Offence 14: Food Safety Standard clause 3.2.3 clause 15(1) – Fail to have adequate storage facilities for personal items that are likely to contaminate food.

The defendant was convicted of an offence under s.106C of the NSW Food Act 2003 namely: 

  • Offence 15 - Fail to appoint a Food Safety Supervisor.
     
Penalty

Offence 1: $880
Offence 2: $880
Offence 3: $880
Offence 3: $880
Offence 4: $880
Offence 5: $880
Offence 6: $880
Offence 7: $880
Offence 8: $880
Offence 9: $880
Offence 10: $880
Offence 11: $880
Offence 12: $880
Offence 13: $880
Offence 14: $880
Offence 15: $660

Professional costs: $10,000

Decision details

No web link available

Usual place of business

133 Lang Street
Kurri Kurri NSW 2327

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