Sydney tofu factory fined for food safety breaches

The Emperor's Garden Pty Ltd has been fined $105,500 and professional costs of $15,947.75 after its directors pleaded guilty to 19 offences under the Food Act 2003 in the Downing Centre Local Court on Monday 19 November 2018 in relation to their Emperor's Garden Tofu and Soy Bean Products factory in Glebe.

NSW Food Authority officers had issued a Prohibition Order, which prevents a business from trading, upon the premises in July 2018 after they noted multiple breaches of the NSW Food Act 2003 and the food safety standards as required under the Australia New Zealand Food Standards Code.

Among the observations noted by officers in their inspection report of the premises was large swarms of ferment flies in the processing area, infestation of pests included ferment flies and cockroaches, unclean walls, floors, fixtures and equipment, holes and gaps in walls and a drowned insect floating in the brine of one of the tofu tubs.

Further, the premises had no written or documented food safety measures in place and food handlers were not sufficiently skilled in food handling and safety, with none of the supervising staff holding a food safety qualification.

The business had a poor history of food compliance with food safety requirements and as such was being inspected as part of the NSW Food Authority’s poor performers program. In keeping with the NSW Food Authority’s policy of escalated enforcement, the program targets high risk and poor performing businesses and is designed to encourage better compliance outcomes. However where a business is unable to meet compliance standards other compliance tools such as penalty and prosecution are employed.

The directors of the company Emperor's Garden Pty Ltd, that had been operating the factory since 1974, made admissions of guilt to the offences and decided not to apply for clearance of the current Prohibition Order that is in force for the business.