Page 2 Department of Health

Register of Convictions Food Act 1984

Fixed premises

Details

Trade name of food business: Tong Lok Chinese Restaurant

Company name (if applicable):

Name and address of premises 260 High street, Ashburton 3123 where offence(s) occurred: Name of convicted person(s) or Jian Gang Yang company: Relationship of convicted Proprietor person(s) to the business: Date of conviction: 29 May 2014

Court: Melbourne Magistrates’ Court

Description of offence(s): Food Act S16(1) – fail to comply with the Food Standards Code on 30 August 2013:

1. Standard 3.2.2 Clause 17(1)(a) – fail to maintain easily accessible hand washing facilities.

2. Standard 3.2.2 Clause 17(1)(d) – did not maintain at or near each hand wash facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic micro organisms to the hands.

3. Standard 3.2.2 Clause 19(1) – did not maintain the food premises to a standard of cleanliness where there is no accumulation of dirt or other visible matter.

4. Standard 3.2.2 Clause 19(2) – fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.

5. Standard 3.2.2 Clause 6 – did not, when storing food, store the food in such a way that it was protected from the likelihood of contamination.

6. Standard 3.2.2 – fail to ensure that floors were able to be effectively cleaned.

Department of Health 7. Standard 3.2.2 Clause 20 – fail to ensure that any food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated.

8. Standard 3.2.2 Clause 21 – fail to maintain the food premises, fixtures, fittings and equipment, in a good state of repair and working order having regard to their use.

9. Standard 3.2.2 Clause 11(1) – fail to ensure that food for disposal is held separate until it is (a) destroyed or otherwise used or disposed of so that it cannot be used for human consumption; (b) returned to its supplier; (c) further processed in a way that ensures its safety and suitability; or (d) ascertained to be safe and suitable.

10. Standard 3.2.2 – fail to allow storage shelves to be able to be cleaned.

11. Standard 3.2.2 Clause 24 – fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.

Food Act S16(1) – fail to comply with the Food Standards Code on 5 September 2013:

1. Standard 3.2.2 Clause 21 – fail to maintain the food premises, fixtures and equipment in a good state of repair and working order having regard to their use.

Food Act S19 – On 5 September 2013 failed to comply with an order made by the registration authority on 2 September 2013.

Food Act S16(1) – fail to comply with the Food Standards Code on 9 October 2013:

1. Standard 3.2.2 Clause 17 – fail to maintain easily accessible hand washing facilities.

2. Standard 3.2.3 Clause 3 – fail to ensure that the design and construction of the food premises was appropriate for the activities of the food premises.

Court decision: Found guilty with conviction.

Sentence and/or order imposed: Convicted and fined $14,000.00 as part of an aggregate order with $8803.44 costs. Prosecution brought by or for: City of Boroondara.

Department of Health