Monash Bulletin - 25 July 2006

'Disgraceful' Premises Costs Food Trader $163,000

An Oakleigh South food packing business that was found by Environmental Health Officers to be packaging food using unhygienic equipment in dirty, pest-ridden premises, has been fined $160,000 plus $2,990 in costs in Dandenong Magistrates Court.

Monash Council's Coordinator Environmental Health, Adrian White, said this was a record fine for a complaint lodged by Council under the Food Act 1984.

The premises was described by Magistrate Raffaele Barberio as 'disgraceful'.

Magistrate Barberio said it was not unreasonable for the community to have reasonable expectations as to the hygiene of a food premises.

"It is a matter of both individual deterrence and general deterrence to every other person to ensure satisfactory standards are complied with," he said.

Lawyer Olga Koskie, of Macpherson & Kelley, representing Monash Council, said: "I think it is very important that Magistrates are now considering matters pursuant to the Food Act to be very serious matters and are taking this and the maximum penalties provided by statute into account when deciding on fines to impose against defendants."

The company faced 16 charges including failing to maintain premises and equipment in a clean condition, failing to prevent pests entering a premises and failure to protect food from contamination. The maximum penalty for each of the 16 charges is a fine of $40,000.

Mayor Joy Banjeri said all those dealing with food in the municipality should take this case as a warning.

"We will not tolerate the public being put at risk by unsafe and unhygienic food handling practices," she said.

A recent inspection showed that the premises now substantially complies with the Food Safety Standards.

The company has lodged an appeal against the severity of the fine.

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Published: 24 July 2006

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