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Name of convicted
Nhau Chi Ly
Trade name
Truong-Ly
Council area
Fairfield City Council
Date of decision
Court
Fairfield Local Court
Prosecution brought by or for
Fairfield City Council
Address at which offence was committed
Unit B/242 Canley Vale Road
Canley Heights NSW 2166
Date of offence
2025-06-30 and 2025-07-1
Nature and circumstances of offence
The defendant was convicted for the offence under section 17(1) of the Food Act 2003 (NSW), namely:
- Section 17(1) Food Act 2003, handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.
The defendant was convicted for the offence under section 21(1) of the Food Act 2003, failure to comply with the Food Standards Code, namely:
- Food Safety Standard 3.2.2 Clause 8(1). Failure to, when displaying food, take all practicable measures to protect the food from the likelihood of contamination.
- Food Safety Standard 3.2.2 Clause 8(5). Failure to display potentially hazardous food under temperature control or if it is food that is intended to be displayed frozen, ensure the food remains frozen when displayed.
- Food Safety Standard 3.2.2 Clause 9 Failure to ensure, when packaging food—
- Only use packaging material that is fit for its intended use;
- Only use material that is not likely to cause contamination; and
- Ensure that there is no likelihood that the food may become contaminated during the packaging process.
- Food Safety Standard 3.2.2 Clause 19(1)(a-f) Failure to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, recycled matter, food waste, dirt, grease or other visible matter.
- Food Safety Standard 3.2.2 Clause 19(2)(a), (b), (c) and (d). Failure to maintain all fixtures, fittings and equipment to a standard of cleanliness where there is no accumulation of food waste, grease, dirt and other visible matter.
- Food Safety Standard 3.2.2 Clause 24(1) Failure to—
- not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish; and
- take all practicable measures to prevent pests entering the food premises; and
- take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food.
Decision
Penalty
Offence 1: $750
Offence 2: $750
Offence 3: $1000
Offence 4: $850
Offence 5: $1000
Offence 6: $1000
Offence 7: $850
Total of $6,200 for seven (7) offences.
Court costs $5,000.
Decision details
No web link available
Usual place of business
Unit B/242 Canley Vale Road
Canley Heights NSW 2166