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Australia Yummy

Name of convicted
Yudong WANG as director of Australia Yummy Pty Ltd
Trade name
Australia Yummy
Council area
City of Canterbury Bankstown
Date of decision
Court
Local Court of NSW, Downing Centre Sydney
Prosecution brought by or for
NSW Food Authority
Address at which offence was committed
NA
Date of offence
Offences 1-9: 2018-05-10
Offences 10-17: 2018-10-08
Nature and circumstances of offence

The defendant, as director of Australia Yummy Pty Ltd, committed an executive liability offence under section 122 of the NSW Food Act 2003, in respect of section 21(1) of that Act, for failing to comply with the Food Standards Code on 10 May 2018, namely:

  1. Food Standards 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. There was an accumulation of dirt, waste and grease throughout the processing and storage area floors, walls and ceilings.
  2. Food Standards Code 3.2.2 clause 19(2) – Fail to maintain all fixtures, fittings and equipment, having regard to its use to the required standard of cleanliness, where there is no accumulation of food waste, dirt, grease or other visible matter. There was an accumulation of dirt, waste and grease on fans, shelving, machinery, food containers, sinks and bins.
  3. Food Standards Code 3.2.3 clause 10(2) – The facility floors were; not able to be effectively cleaned and able to absorb grease, food particles and water. There were numerous areas where the floor was unsealed and in poor condition.
  4. Food Standards Code 3.2.3 clause 11(4) – The facility walls and ceiling were; not able to be effectively cleaned and able to absorb grease, food particles and water. There were numerous areas where the floor was unsealed and in poor condition.
  5. Food Standards Code 3.2.2 clause 6(1)(a)- Fail to take all effective measures to ensure that food during storage was protected from the likelihood of contaminated. Food ingredients were stored in uncovered buckets and meat was left in unsealed plastic bags and open to contamination.
  6. Food Standards Code 3.2.2 clause 24(1)(b) – Fail to take all practicable measures to prevent pests from entering the food premises. The Defendant failed to address structural issues to allow entry of rats. For example, gaps under doors that were open or filling cracks in walls and floors.
  7. Food Standards 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. There was no pest treatment implemented around the factory to prevent the presents and harbourage of rats and remove disused equipment.
  8. The defendant, as director of Australia Yummy Pty Ltd, committed an executive liability offence under section 122 of the NSW Food Act 2003, in respect of section 64 of that Act, for failing to comply with a prohibition order under Part 5 of that Act. The business continued to purchase and process mince meat and vegetable products between 4 April 2018 and 10 May 2018, in contravention of a prohibition order served on the 4 April 2018.
  9. The defendant, as director of Australia Yummy Pty Ltd, committed an offence under section 42 of the Food Act 2003, by providing information that he knew was false and misleading in a material particular, in connection with a prohibition order that was served on the company.

The defendant as director of Australia Yummy Pty Ltd, committed executive liability offence under section 122 of the NSW Food Act 2003, for offences in respect of section 21(1) of that Act, for failing to comply with the Food Standards Code on the 8 October 2018, namely:

  1. Food Standards 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. There was an accumulation of dirt and other visible matter in the office area where food was stored, storage area, the cool room, floors and walls behind sinks and hot water system.
  2. Food Standards Code 3.2.2 clause 19(2) – Fail to maintain all fixtures, fittings and equipment, having regard to its use, to the required standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. There was an accumulation of visible matter on light switches, fans, sink, processing equipment and utensils.
  3. Food Standards Code 3.2.3 clause 10(2) – The facility floors were; not able to be effectively cleaned and able to absorb grease, food particles and water. There were numerous areas where the floor was unsealed and in poor condition.
  4. Food Standards Code 3.2.2 clause 7(1)(b)(i) - Fail to take all necessary steps to prevent the likelihood of food being contaminated during processing. The defendant prepared food products in using equipment and in condition that was prone to be contaminated by dirt, dust, loose screws and chemicals.
  5. Food Standards Code 3.2.2 clause 6(1)(a)- Fail to take all effective measures to ensure that food during storage was protected from the likelihood of contaminated. Food ingredients were stored in location near rodent excreta, a decomposing rodent, exposed oil and chemicals and was open to likely contamination.
  6. Food Standards Code 3.2.2 clause 24(1)(b) – Fail to take all practicable measures to prevent pests from entering the food premises. The door from the production area was open, holes were present in walls and a grease trap was found open enabling the entry of pests.
  7. Food Standards 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. Holes in internal walls of the production and storage areas.
  8. Food standards Code 3.2.3 clause 14(2)(b) – Fail to connect hand washing facilities to warm running water.
Penalty
Penalty for offences 1-5, 10-11 and 14 (8 offences): $1,500 each
Penalty for offences 6-7, 12-13 and 15-17: (7 offences): $1,800 each
Penalty for offence 8: $4,450
Penalty for offence 9: $5,000
Total penalty: $34,050
Professional costs: $12,000
Decision details
Not available online
Usual place of business
Unit 11, 42 Harp Street
Belmore NSW 2192