The Court: Broadmeadows Magistrates Court
The Lawyer: Mario Saoud
The Charges:
- Handling and Sale of Unsuitable Food
- Sale of Food Not Complying with the Purchaser’s Demand
- Compliance with the Food Standards Code
The Allegations:
The client had a pizzeria in a local shopping centre food court. A customer had purchased a takeaway pasta meal. After returning home, the customer opened the container and discovered a cockroach mixed in with the pasta. The customer photographed the meal and lodged a formal complaint with the local council.
The council inspected the pizzeria the following day. The inspection revealed several breaches of the Food Act 1984 (Vic), including poor hygiene, pest infection, and inadequate cleaning of food preparation surfaces.
The client could not produce any pest control receipts or service records when the council requested them. At the time, the client was going through a messy separation and was not as focused on his business as usual.
Following the inspection, the client and the company were charged with 11 offences each simultaneously.
At Court:
Following lengthy negotiations with the council, it was agreed that a number of the charges against the client personally would be withdrawn. Instead, the prosecution would proceed against the client’s company.
Prosecutors argued that the client had failed his basic duties to ensure food safety, posing serious health risks to the public. Our solicitor conceded the presence of the cockroach but claimed it was an isolated incident. Personal issues led the client to overlook pest control for the business, causing a gap in service. Our solicitor further argued that the client had been operating the business for seven years with no prior violations and had since undertaken pest control services and deep cleaning of the premises.
The Outcome:
The Magistrate considered the seriousness of the offences and potential public health risks, the client’s guilty plea, his lack of previous convictions, and the steps he had taken to remedy the issues. Despite the mitigating factors, the client was convicted and ordered to pay a fine of $20,000. He was also placed on the Food Register of Convictions.
