Best practice for TA Food Safety Officers - Presented by: Senior Enforcement Officer Annemieke Day
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Best practice for TA Food Safety Officers
Presented by:
Senior Enforcement Officer
Annemieke Day
Environmental Health Unit
Food Service Requests Jan 2018 – Feb 2019
Compliance Pyramid
Enforcement Framework The framework will ensure that the team effort is targeted towards achieving the ultimate goal of reducing the incidence of food borne illness in the community.
Case Study – Restaurant A • Scheduled verification on 8 November 2016 • Unacceptable outcome and escalation to FSO. • The verifier briefed the FSO to identify areas of concern
FSO issued Notice of closure under Food Act 2014 307 Power to restrict use of or close place A food safety officer may restrict the use of or close, a place for non-compliance with the applicable requirements of this Act that the officer reasonably believes would result in food not being safe or suitable.
Unable to complete CAR follow up FSO found that the operator had not addressed any of the CARs. It was found that the premises were not kept in a clean and tidy state. There were food storage issues as well as a continuous problem with pest infestation namely cockroaches.
Learnings from the prosecution NOTE TAKING- DETAILED, PHOTOS / VIDEOS- QUALITY, INTERVIEWS- ASSISTS WITH WORKING TOGETHER – ACCURATE AND COMPLETE LOCATION. ESTABLISHING ELEMENT(S) OF SOLICITORS, SPECIALISTS, NOTES ARE ESSENTIAL THE OFFENCE VERIFIERS.
Prosecution file
Prosecutions
Defendant Charge / Offence Maximum Penalty Court Penalty % of Max
Upon Conviction Outcome Penalty
Restaurant A Food Act section 244(1)(b) - Breach or
$20,000.00 (Reg 14) Guilty $4,875.00
failure to comply with a requirement in
regulations $20,000.00 (Reg 18) Guilty $6,375.00
$11,250.00 28 %
Restaurant B Food Act section 244(1)(b) - Breach or
$20,000.00 (Reg 14) Guilty $4,875.00
failure to comply with a requirement in
regulations $20,000.00 (Reg 15) Guilty $3,000.00
$20,000.00 (Reg 18) Guilty $6,375.00
$20,000.00 (Reg 28) Guilty $4,875.00
$19,125.00 24 %
Restaurant C Food Act section 224(1)(b) - Breach or $250,000 (Sec 50(1)(a)) Guilty plea Pending
failure to comply with an applicable
requirement of the Act and the person
should have reasonably known that the
breach or failure, directly or indirectly
create a risk to the lives or health of
members of the public or health of an
individualHow much ?
Synopsis of the prosecutor’s submissions
• The prosecutor respectfully submits:
• A starting point fine of $50,000 is appropriate;
• If the Court agrees that a discount in the vicinity of 5% is available for previous good character and a 25%
discount for early guilty plea leading to a resulting penalty of $35,625;
• The prosecutor seeks an order under section 275(2) of the Act that 90% of the fine be paid to Auckland
Council.Where to next…? • 12 prosecutions coming up • Continued demand for our services • Expanding learnings from food safety to other areas of the enforcement role • Striving to be more efficient across all of our enforcement activities • QMS for enforcement team
Questions…….??
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