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Tek Shing Trading

Name of convicted
Tek Shing Trading Pty Ltd
Trade name
Tek Shing Trading
Council area
Georges River 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

N/A

Date of offence

Offences 1-4 and 6-9: 2017-06-30 to 2017-08-28
Offences 5: 2017-08-29 to 2017-09-08

Nature and circumstances of offence
  1. The defendant was convicted of the offence under section 15(4) of the Food Act 2003, did sell 'Hot Pot Sauce product with Red Label "Very Chilli Hot" flavour' that it ought reasonably to know was falsely described (because there was no declaration of the following foods or substances on the label: peanuts and sesame seeds) and was likely to cause physical harm to a consumer of the food who relied on that description.
  2. The defendant was convicted of the offence under section 15(4) of the Food Act 2003, did sell 'Hot Pot Sauce product Orange Label "Delicious" or "Chilli Hot" flavour' that it ought reasonably to know was falsely described (because there was no declaration of the following foods or substances on the label: peanuts) and was likely to cause physical harm to a consumer of the food who relied on that description.
  3. The defendant was convicted of the offence under section 15(4) of the Food Act 2003, did sell 'Hot Pot Sauce product with Blue Label "Seafood" flavour' that it ought reasonably to know was falsely described (because there was no declaration of the following foods or substances on the label: peanuts, fish and crustacea) and was likely to cause physical harm to a consumer of the food who relied on that description.
  4. The defendant was convicted of the offence under section 15(4) of the Food Act 2003, did sell 'Hot Pot Sauce product with Pink Label "Delicious" or "Yummy" flavour' that it ought reasonably to know was falsely described (because there was no declaration of the following foods or substances on the label: peanuts and sesame seeds) and was likely to cause physical harm to a consumer of the food who relied on that description.
  5. The defendant was convicted of the offence under section 21(1) of the NSW Food Act 2003, for failing to comply with the Food Standards Code, namely Food Standards Code 3.2.2 clause 12 - Failed to have in place a adequate system to ensure the recall of unsafe food and failed to comply with their system when recalling unsafe food.
  6. The defendant was convicted of the offence under section 21(3) of the NSW Food Act 2003, did sell 'Hot Pot Sauce product with Red Label "Very Chilli Hot" flavour' that was packaged or labelled in a manner that contravened a provision of the Food Standards Code namely standards 1.2.1 – 6, 1.2.1 – 8, 1.2.3 – 4, 1.2.4 – 3, 1.2.4 – 7, 1.2.8 – 6, 1.2.1 – 24.
  7. The defendant was convicted of the offence under section 21(3) of the NSW Food Act 2003, did sell 'Hot Pot Sauce product Orange Label "Delicious" or "Chilli Hot" flavour' that was packaged or labelled in a manner that contravened a provision of the Food Standards Code namely standards 1.2.1 – 6, 1.2.1 – 8, 1.2.3 – 4, 1.2.4 – 3, 1.2.4 – 7, 1.2.8 – 6, 1.2.1 – 24.
  8. The defendant was convicted of the offence under section 21(3) of the NSW Food Act 2003, did sell 'Hot Pot Sauce product with Blue Label "Seafood" flavour' that was packaged or labelled in a manner that contravened a provision of the Food Standards Code namely standards 1.2.1 – 6, 1.2.1 – 8, 1.2.3 – 4, 1.2.4 – 3, 1.2.4 – 7, 1.2.8 – 6, 1.2.1 – 24.
  9. The defendant was convicted of the offence under section 21(3) of the NSW Food Act 2003, did sell 'Hot Pot Sauce product with Pink Label "Delicious" or "Yummy" flavour' that was packaged or labelled in a manner that contravened a provision of the Food Standards Code namely standards 1.2.1 – 6, 1.2.1 – 8, 1.2.3 – 4, 1.2.4 – 3, 1.2.4 – 7, 1.2.8 – 6, 1.2.1 – 24.
Penalty

Penalty for offences 1- 4: $6,600 each
Penalty for offences 5-9: $4,400 each
Total penalty: $48,400
Professional costs: $17,304

Magistrate Grogan noted that the offences are of a serious nature, which is reflected in the maximum penalties for the offences. His Honour explained that consumers rely on labels to choose what food to eat and that sickness, and even death, can result from offences such those in this case. His Honour also referred to the fact that the issues in the case are real and not hypothetical especially in circumstances where a young boy who has a significant peanut allergy suffered physical harm after consuming one of the Hot Pot Sauces.

Decision details

Not available online

Usual place of business

Unit B, 29-31 Richland Street
Kingsgrove NSW 2208