Details
- Conviction number:
- 372
- Trade name of food business:
- Shinya Ramen & Bar Waurn Ponds
- Address of premises where offence(s) occurred:
- Shop 5/132-138 Colac Road, HIGHTON VIC 3216
- Name of convicted person(s) or company:
- Shinya Japanese Group Pty Ltd; and Tao Mu
- Relationship of convicted person(s) or company:
- Proprietor; and Director
- Date of conviction:
- 06 Oct 2024
- Court:
- Geelong Magistrates Court
- Court decision:
- Guilty with conviction; and Guilty with conviction
- Sentence and/or order imposed:
- With conviction fined $25,000 as part of an aggregate order, with costs of $24,218; and With conviction fined $8,000 as part of an aggregate order; with costs of $19,539
- Prosecution brought by or for:
- Greater Geelong City
- Description of offence(s):
Food Act section 19(7) – between 28 September 2023 and 26 April 2024 did contravene an order made under section 19.
Food Act section 16(1) – on 19 September 2023 and 26 April 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 6(2)(a) – did fail, when storing potentially hazardous food, to store it under temperature control.
Food Act section 11(1) – between 19 September 2023 and 26 September 2023 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.
Food Act section 16(1) – between 19 September 2023 and 15 March 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 20(1)(b) – did fail to ensure food contact surfaces of equipment are in a clean and sanitary condition whenever the food that will come into contact with the surface is likely to be contaminated.
Food Act section 16(1) – between 19 September 2023 and 26 September 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 3(1)(a) – did fail to ensure that persons undertaking or supervising food handling operations have skills in food safety and food hygiene matters commensurate with their work activities
- Standard 3.2.2, clause 3(1)(b) – did fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities
- Standard 3.2.2, clause 6(1)(a) – did fail, when storing food, to store the food in such a way that it is protected from the likelihood of contamination
- Standard 3.2.2, clause 17(1)(a) – did fail to maintain easily accessible hand washing facilities
- Standard 3.2.2, clause 17(1)(c) – did fail to ensure hand washing facilities are only used for the washing of hands, arms and face
- Standard 3.2.2, clause 17(1)(d)(i) – did fail to provide, at or near each hand washing facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands
- Standard 3.2.2, clause 19(1) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, except in garbage containers; recycled matter, except in containers; food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 19(2) – did fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 21(1) – did fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use
- Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises.
Food Act section 16(1) – on 15 March 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.3, clause 15(1) – did fail to ensure food premises has adequate storage facilities for the storage of items that are likely to be the source of contamination of food, including chemicals, clothing and personal belongings.
Food Act section 35A(1) – between 1 January 2024 and 24 June 2024 did allow a food business to operate from a food premises that is not registered with the registration authority.
Reviewed 08 January 2025