health.wa.gov.au
Notification of Conviction
Relates to any person (individual or body corporate) who is convicted or whose employee or agent is convicted. Enforcement Agency Name: City of Belmont Date of conviction: 20 January 2023 Name of food business: Sliver and Bite Name of person/s convicted:
Christopher Neil Nielsen Address of food business where offence was committed:
Unit 3, 73 Homelea Court Rivervale WA 6103 Date of offence:
Between 22 June 2022 and 18 October 2022
Section of Act/Subsidiary Legislation Details of offence Penalty imposed
Food Act 2008 Section 109 (1)
Food Act 2008 Section 22 (compliance with Food Standards Code)
- Conduct of unregistered food business
Non-compliance with Standard 3.2.3
- Clause 3(a) – the design and construction of the food premises was not appropriate for the activities for which the premises were being used
- Clause 15(2) – the storage facilities were not located where there is no likelihood of stored items contaminating food or food contact surfaces
Non-compliance with Standard 3.2.2
- Clause 17(1)(a) – failed to maintain in the food premises easily accessible hand washing facilities
Global Penalty $2500
Costs $1453.
Details of Sliver and Bite's Food Safety Violations
The conviction of Sliver and Bite, specifically involving Christopher Neil Nielsen, stems from multiple breaches of the Food Act 2008 and its associated standards. These violations highlight a systemic failure to adhere to fundamental food safety practices, impacting the integrity of food handling and preparation processes within the business.
Key offenses include operating an unregistered food business, non-compliance with Standard 3.2.3 Clause 3(a) concerning the appropriate design and construction of food premises, and failing to ensure storage facilities were positioned to prevent contamination (Clause 15(2)). Furthermore, the business neglected to maintain easily accessible handwashing facilities as required by Standard 3.2.2 Clause 17(1)(a).
Penalties and Consequences for Sliver and Bite
The legal repercussions for Sliver and Bite's food safety violations resulted in a significant global penalty and additional costs. This financial penalty serves as a direct consequence of the established breaches and underscores the seriousness with which regulatory bodies view non-compliance with food safety legislation.
The imposed penalty amounted to $2500, with further costs of $1453 awarded. These figures reflect the combined impact of the offenses, aiming to deter future violations and compensate for the resources expended in addressing the breaches.
Understanding the Food Act 2008 and Food Standards Code
The conviction of Sliver and Bite is rooted in specific sections of the Food Act 2008 and Non-compliance with the Food Standards Code, particularly Standard 3.2.3 and Standard 3.2.2. These legislative frameworks are designed to protect public health by setting rigorous standards for food businesses regarding premises, equipment, handling, and hygiene.
The Food Act 2008, Section 109(1), pertains to the conduct of unregistered food businesses, while Section 22 mandates compliance with the Food Standards Code. Standards 3.2.3 addresses the design and construction of food premises, and 3.2.2 focuses on food safety procedures, including the critical provision of handwashing facilities, all of which were found to be violated in this case.
Christopher Neil Nielsen's Role in the Conviction
Christopher Neil Nielsen is identified as the individual convicted in relation to the food safety violations at Sliver and Bite. As a person associated with the business, his conviction indicates personal responsibility for ensuring the establishment adhered to all legal requirements and food safety standards.
The offenses occurred between June 22, 2022, and October 18, 2022, a period during which Nielsen was presumably involved in the management or operation of Sliver and Bite. The conviction and penalties underscore the importance of due diligence and active management in maintaining compliance within the food industry.
