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Sydney company Tek Shing Trading Pty Ltd has been fined $48,400 and professional costs of $17,034 after its director pleaded guilty to nine offences under the Food Act 2003 in the Downing Centre Local Court on Tuesday 11 December 2018.
The charges pertained to labelling offences relating to the Kingsgrove company’s imported ‘Hot Pot Sauces’ and failure to comply with the company’s recall process as required by the Australia and New Zealand Food Standards Code.
Among those charges, of particular concern was that the English translated labels failed to identify all ingredients in the products, making it difficult for a consumer to readily identify the allergens present in the food.
NSW Food Authority officers responded to a consumer complaint made to the Authority by a father who reported that his child, who suffers from a diagnosed peanut allergy, suffered an allergic reaction after consuming a ‘Hot Pot Sauce’ that did not have peanuts listed as an ingredient in English on the label.
In considering the matter His Honour Magistrate Grogan took into account the early plea of guilty but noted the offences were serious and in imposing the fines sought to provide general and specific deterrence to business and to provide protection to the community.
NSW Food Authority CEO Dr Lisa Szabo welcomed the outcome.
"Food allergies are on the rise and one in ten babies born in Australia today will develop a food allergy.
"That statistic alone shows how important this issue is for the entire community," Dr Szabo said.
"While food allergies can range from being merely unpleasant and inconvenient, sadly in the worst cases they can be fatal.
Dr Szabo said the law requires that a food business engaged in the wholesale, supply, manufacture or importation of food must have a recall plan in place. They must also activate that plan when necessary.
"We demand a high level of food safety is upheld across the food supply chain because it serves as an important protection measure of public health.
"Consumers deserve to have confidence in knowing the food they purchase is safe to eat and will cause no harm to them or their family."
In NSW all food businesses are required to provide information about the most common allergens, gluten and sulphites in food through correct labelling and information.
The NSW Food Authority is a key front-line agency that plays a role in educating both industry and consumers when it comes to food allergy and food safety generally.
People can access allergy information and resources from www.foodauthority.nsw.gov.au