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Penrith Valley Inn

Name of convicted
Ayva Catering Pty Ltd
Trade name
Penrith Valley Inn
Council area
Penrith City Council
Date of decision
Court
Local Court of NSW, Penrith
Prosecution brought by or for
NSW Food Authority
Address at which offence was committed

Corner Great Western Highway & Memorial Avenue
Penrith NSW 2750

Date of offence
2017-01-25
Nature and circumstances of offence

The defendant was convicted of the following offences for breaches under the NSW Food Act 2003, namely:

  1. Section 15(4), for selling food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description. A Butter Chicken meal was described as not having any allergenic ingredients including nuts, when in fact it contained cashew nuts. A person who was allergic to nuts and relied on the description consumed the meal and suffered physical harm being an anaphylactic reaction.
  2. Section 19(1), for supplying food by way of sale that was not of the nature demanded by the purchaser. The purchaser requested that food supplied contain no nuts or sesame seeds and that separate meals be provided to persons that suffered from food allergies. The food supplied was not of the nature required by the purchaser, as the 'Butter Chicken' contained cashew nuts, the 'Satay Chicken' contained peanuts and the bread rolls contained sesame seeds. A person who was allergic to nuts consumed the 'Butter Chicken' that caused an anaphylactic reaction.
Penalty
Offence 1: $8,000
Offence 2: $3,500
Total penalty: $11,500
Professional costs: $3,500
Decision details
Decision not published
Usual place of business

Corner Great Western Highway & Memorial Avenue
Penrith NSW 2750