Released 17/08/2023
ACT Health has welcomed an ACT Magistrates Court sentencing of Rising Wood Pty Ltd, which operates East Row IGA, for serious food health and safety breaches.
Rising Wood Pty Ltd was fined $16,500 after company director, Abdullah Osman, pleaded guilty to nine charges against the company. Manager Javid Osman was also personally fined $1,000 last month after pleading guilty to hindering a territory public official.
Chief Health Officer Dr Kerryn Coleman welcomed the ruling in the first prosecution under the Food Act 2001 undertaken by ACT Healthsince before the COVID-19 pandemic.
“ACT Health tries to work collaboratively with food business to ensure food for sale is both safe and suitable for human consumption,” Dr Coleman said.
“Prosecution is always a last resort, and in most cases we can work with food businesses to ensure they can maintain effective systems and processes to deliver on their obligations under the Food Act 2001.
“However, ACT Health has a responsibility to protect public safety and ensure food businesses are operating in a way that does not pose a risk to the health of Canberrans.”
In November 2021, Environmental Health Officers from the Health Protection Services investigated the East Row Canberra City supermarket after receiving a complaint the business was intentionally selling food beyond its use-by date and removing use-by and best-before date labels to mislead customers.
Evidence submitted by Environmental Health Officers as part of the prosecution included a near empty four litre can of Diggers acetone and CCTV footage showing supermarket staff removing use‑by and best-before dates from food products.
Food items seized included cheese, dips, sour-cream, jars of gherkins, olives, corn relish and soft drinks. These items had their ‘use by’ or ‘best before’ dates removed and replaced with new dates or had extended ‘best before’ date stickers placed over the original manufacturers’ dates.
“Removing or changing best-before and use-by labels can deceive and mislead the public into making uninformed decisions about the quality and safety of food at the time of purchase,” Dr Coleman said.
“It can also prevent an effective recall of products by the manufacturer in the event of food safety concerns.
“Canberrans are reminded not to consume food beyond its use-by date as this is potentially hazardous to your health.”
The supermarket was also sentenced for preparing food in an insanitary and unapproved room above the premises that did not have hand washing facilities or appropriate cooking, washing and sanitising equipment, increasing the likelihood of contamination.
The parties pled guilty to the following charges:
- Misleading conduct relating to the sale of food.
- Two charges of handling and Sale of unsuitable food.
- Non-compliance with the Australian New Zealand Food Standards Code (inadequate maintenance of food premises).
- Non-compliance with the Australian New Zealand Food Standards Code (inadequate food processing standards).
- Non-compliance with the Australian New Zealand Food Standards Code (inadequate food storage).
- Conducting an unregistered food business.
- No Food Safety Supervisor.
- Failure to notify of change of relevant details of food business (change of ownership).
ACT Environmental Health Officers conduct routine inspections of food business as well as in response to complaints from the public.
If a member of the public is concerned about a food business, they can contact Health Protection Services on (02) 5124 9700 or by emailing hps@act.gov.au.
- Statement ends -
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