Skip to main content

Emperor's Garden Tofu & Soy Bean Products (Tofu Factory)

Name of convicted
Emperors Garden Pty Ltd
Trade name
Emperor's Garden Tofu & Soy Bean Products (Tofu Factory)
Council area
City of Sydney Council
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

Unit 1-2, 80 Wentworth Park Road
Glebe NSW 2037

Date of offence
1. Offences 1-8: 2017-12-14
2. Offences 9-14: 2018-07-19
3. Offences 15-19: 2018-07-26
Nature and circumstances of offence
  1. The defendant was convicted of the offence under section 17(1) of the NSW Food Act 2003, for handling food intended for sale in a manner that will render, or is likely to render, the food unsuitable. Tubs used to manufacture and store tofu products intended for sale, contained insects.
  2. The defendant was convicted of the offence under section 17(2) of the NSW Food Act 2003, for selling food that is unsuitable. Tofu products that were in the defendant's possession for sale, contained insects.

The defendant was convicted for offences under section 21(1) of the NSW Food Act 2003, for failing to comply with the Food Standards Code, namely:

  1. 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 cooled tofu products in uncovered buckets, that were stored on the floor and left in uncovered tubs that were exposed to flying insects.
  2. Food Standards Code 3.2.2 clause 17(1) – Fail to maintain clean and easily accessible hand washing facilities. Two hand-wash basins were dirty. One of which also contained waste materials which restricted access to the washing facilities by the food handlers.
  3. 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.
  4. 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, electrical power points, electrical conduits and plastic tubs.
  5. 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 with the tofu factory (recognised during previous inspections), that allowed pests to enter the tofu factory. The defendant also failed to implement recognised pest
    treatment around the factory to prevent pests from entering the processing and storage room.
  6. 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 recognised pest treatment implemented around the factory to prevent the harbourage of pests and remove disused equipment and packaging, resulting in the harbourage of fermentation flies and cockroaches.
  7. 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. Tofu products were being cooled in containers, tables and shelving that were either uncovered or loosely fitted with fly mesh umbrellas, inside the doorway of the main preparation area, accessible to crawling and flying insects.
  8. 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 matters, such as insect matter, cockroach excreta and dead cockroaches throughout the processing and storage area, floors and walls.
  9. 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 insect matter such as cockroach excreta and dead cockroaches on shelving, electrical power cables, power points, power boards and insect traps.
  10. Food Standards Code 3.2.2 clause 21(1) – Fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order, having regard to their use. Holes present in a wall next to and around the gas meter, were not filled.
  11. 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 dispatch area to the main preparation area was open and holes were present in a wall enabling the entry of pests (flies and cockroaches).
  12. 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 recognised pest treatment implemented around the factory to prevent the harbourage of pests and remove disused equipment and packaging, resulting in the harbourage of fermentation flies and cockroaches in the preparation and storage areas.
  13. Food Standards Code 3.2.2 clause 3(1) – Fail to ensure that persons undertaking or supervising food handling operations have skills in food safety and food hygiene matters and knowledge of food safety and food hygiene matters, commensurate with their work activities.
  14. 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. Tofu beans were being processed in an area that had live cockroaches and fermentation flies in the plastic tubs and the cooking vats used for processing.
  15. 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 matters, such as insect matter, cockroach excreta and dead cockroaches throughout the processing and storage area's floors and walls.
  16. 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 insect matter such as cockroach excreta and dead cockroaches on shelving, cabinets, electrical power points, in packaging used to store clean bottles used for soya milk, top surface of plastic water bottles, on plastic bins and on food processing equipment.
  17. 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 recognised pest treatment implemented around the factory to prevent the harbourage of pests under warm insect traps, in holes and gaps in walls, in disused equipment and packaging, resulting in the harbourage of fermentation flies and cockroaches in the preparation and storage areas.
Penalty
Penalty for offence 4: $1,000
Penalty for offence 12: $2,500
Penalty for offences 1-3, 5-11 and 13-19 (17 offences): $6,000 each
Total penalty: $105,500
Professional costs: $15,947.75
Decision details
No web link available
Usual place of business

Unit 1-2, 80 Wentworth Park Road
Glebe NSW 2037