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Bonfect Snackfood Services

Name of convicted
Ning ZHENG
Trade name
Bonfect Snackfood Services
Council area
Strathfield Council
Date of decision
Court
Local Court of NSW, Burwood
Prosecution brought by or for
NSW Food Authority
Address at which offence was committed

Units 11-13, 159 Arthur St, HOMEBUSH WEST NSW 2140

Date of offence

Between 2016-11-08 and 2016-11-24 (Offences 1, 2, 6)

2016-12-06 (Offences 3, 4, 5, 7, 8)

2017-10-31 (Offences 9, 10, 11, 12, 13, 14)

Nature and circumstances of offence

The defendant, in respect of section 21(2) of Food Act 2003, sold food that failed to comply with the Australia New Zealand Food Standards Code (Food Standards Code), namely;

  1. Sell food described as “Kellogg’s Pop Tarts- A&W Root Beer” to business called Sweet Traditions containing the vitamins and minerals Niacin, Reduced Iron, Vitamin B1, Vitamin B2, Folic Acid, Vitamin A and Vitamin B6 as nutritive substances where those vitamins and minerals were  not permitted in the food by the Food Standards Code (Standard 1.3.2 – 3 and Schedule 17-4).
  2. Sell food described as “Barr’s Irn Bru” to business called Sweet Traditions containing the food additives caffeine and quinine which were not permitted to be used in that food under the Food Standards Code (Standard 1.3.1 – 3 and Schedule 15-5).
  3. Possess or display for sale, food described as “Kellogg’s Pop Tarts- Frosted Cherry” containing the vitamins and minerals Niacin, Reduced Iron, Vitamin B1, Vitamin B2, Folic Acid, Vitamin A and Vitamin B6 as nutritive substances where those vitamins and minerals were not permitted in the food by the Food Standards Code (Standard 1.3.2 – 3 and Schedule 17-4).
  4. Possess or display for sale, food described as “Barr’s Irn Bru” containing the food additives caffeine and quinine which were not permitted to be used in that food under the Food Standards Code (Standard 1.3.1 – 3 and Schedule 15-5).
  5. Possess or display for sale, food described as “Lucozade Orange”, as a formulated caffeine beverage that contains caffeine at 120mg/L, being a level below the minimum threshold for a formulated caffeine drink under the Food Standards Code (Standard 2.6.4 – 3).

The defendant, in respect of section 21(3) of Food Act 2003, sold food that was labelled in a manner that contravened a provision of the Food Standards Code, namely;

  1. Sell food described as “Barr’s Irn Bru” to business called Sweet Traditions that was labelled in a manner that contravened the Food Standards Code. Standard 1.2.1 – 8(c), 1.2.2 – 4 Name and address of the supplier omitted from the label; Standard 1.2.8 – 6 Nutrition information panel did not declare the ‘per serve’; Standard 1.2.4 – 7 Food additives not declared appropriately.
  2. Possess or display for sale, food described as “Barr’s Irn Bru” that was labelled in a manner that contravened a provision of the Food Standards Code. Standard 1.2.1 – 8(c), 1.2.2 – 4 Name and address of the supplier omitted from the label; Standard 1.2.8 – 6 Nutrition information panel did not declare the ‘per serve’; Standard 1.2.4 – 7 Food additives not declared appropriately.
  3. Possess or display for sale, food described as “MNT Dew Voltage” that was labelled in a manner that contravened the Food Standards Code. Standard 1.2.8 - 6 The USA-style panel declares calories rather than kilojoules for energy values; Standard 1.2.8 - 6 The USA-style panel omits ‘per 100ml’ values; Standard 1.2.4 –7 Food additives not declared appropriately; Standard 2.6.4 –5 Caffeine is declared for ‘per 12fl. Oz’ only; Standard 2.6.4 –5 No advisory statements are labelled.

The defendant, in respect of section 21(2) of Food Act, sold food that failed to comply with the Food Standards Code, namely;

  1. Possess or display for sale, food described as “5 Hour Extra Strength – Peach Mango” that exceeded permitted levels of caffeine, vitamin B6 and vitamin B12 for that food under the Food Standards Code (Standards 2.6.4 - 3; 2.6.4 - 5 and Schedule 28 – 2).  Analysis found to contain caffeine 4400 mg/L, vitamin B6 67 mg/100ml and vitamin B12> 50ug/100ml.

The vitamin B6 and B12 levels were over the maximum one day quantity permitted by the Code. Daily quantity was expressed as “do not exceed 2 bottles (114ml) daily”.

Ingredient list contained the nutritive substances folic acid, L-tyrosine, L-phenylalanine & citicoline that were not included in the Schedule 28 – 2.

The defendant, in respect of section 21(3) of Food Act 2003, sold food that was labelled in a manner that contravened a provision of the Food Standards Code, namely;

  1. Possess or display for sale, food described as “5 Hour Extra Strength – Peach Mango” that was labelled in a manner that contravened the Food Standards Code. Standard 1.2.1 – 8(c), 1.2.2 – 4 Name and address of the supplier omitted from the label; Standard 1.2.4 – 7 Food additives (potassium sorbate, sodium benzoate and EDTA) are not declared appropriately; Standard 2.6.4 –5 The average quantities of caffeine, niacin, vitamin B6 and vitamin B12 were not declared in mg per 100ml; Standard 2.6.4 –5 The average quantities of the listed substances taurine & glucuronolactone were not declared.
  2. Possess or display for sale, food described as “Hemp Ade – Watermelon” that was labelled in a manner that contravened the Food Standards Code. Standard 1.2.1 – 8(c), 1.2.2 – 4 Name and address of the supplier omitted from the label; Standard 1.2.8 - 6 The USA-style panel declares calories rather than kilojoules for energy values; Standard 1.2.8 - 6 The USA-style panel omits ‘per 100ml’ values; Standard 1.2.8 - 6 Omega 3 not contained in the nutritional information panel when a content claim is made; Standard 1.2.10 –8 The proportion of hemp seed oil was not declared as a percentage.

The defendant, in respect of section 21(4) of Food Act, Sell or advertise for sale food in a manner that contravenes a provision of the Food Standards Code, namely;

  1. Possess or display for sale, and advertise, food described as “Hemp Ade – Watermelon” where a health claim is made that contravenes a provision of the Food Standards Code (Standard 1.2.7 – 18), in that neither claim is referred to in the General Level Health Claims Table, nor has there been notification to the CEO of the Authority (FZANZ) of the details of the relationship between the food or property of the food and the health effect.

Claim 1 on the label:

“Hemp Ade is here to optimize your day. Recent articles indicate that heart healthy omega’s can help with brain function, anxiety and overall body circulation. Please enjoy this hemp infused elixir that embodies the next new beverage frontier!”

Claim 2 on the defendant’s website:

“Hemp Ade is an organic, herbal, vitamin beverage that does not contain the THC found in Marijuana, but hemp-seed extract. This natural oil is filled with essential nutrients that regulate mental health while also nourishing the body.”

The defendant, in respect of section 18(2) of Food Act 2003, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely described the food, namely;

  1. The defendant published, on its website, an advertisement used to promote the sale of food described as “Hemp Ade”, which was false. The advertisement represented that the food contained fruit when the food in fact contained no fruit ingredients of the type described.

The defendant, in respect of section 18(3) of Food Act 2003, did sell food that was packaged or labelled in a way that falsely describes the food, namely;

  1. Possess or display for sale, food described as “Hemp Ade – Watermelon” that was packaged or labelled in a way which falsely describes the food. The labelling of the food claimed that the food contained 200mgs of Omega 3 per bottle (being 42mg/100mg). The food in fact contained total Omega 3 fatty acids of 24mg/100mg.
Penalty

Penalty for offences 1 to 4 and 6 to 14: - $10,000 each

Penalty for offence 5: - $5,500

Total penalty: $135,500

Professional costs: $40,000

Decision details
Usual place of business

Units 11-13, 159 Arthur St, HOMEBUSH WEST NSW 2140