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Boronia donut shop prosecuted by Council

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A Boronia donut business has been fined $11,000 for food safety breaches following a successful prosecution by Knox City Council. 

The company and director were each found guilty in the Ringwood Magistrates’ Court of 20 offences under the Food Act 1984 and Food Standards Code of Australia and New Zealand (FSANZ), relating to unsafe, unclean and unsanitary conditions at their food premises.

The company was fined $6000 and a conviction was recorded while the director was fined $5,000 without conviction.

Council’s Environmental Health Officers had found repeated non-compliances in the food business after conducting multiple inspections between April and December 2024.

The most serious charges related to donuts containing fresh cream stored at unsafe temperatures. Officers found display fridges turned off and cream donuts stored at up to 16°C. This is 11°C above safe temperature limits to minimise the growth of foodborne illness-causing pathogens.

During the inspection, officers seized potentially hazardous food, including donuts filled with fresh cream and sandwiches, for being out of temperature control.

Further food safety risks involved cooking equipment observed to be damaged and in unclean and unsanitary conditions with an accumulation of food waste, grease and other visible matter.

Further non-compliances related to unclean and unsanitary conditions within the food premises where officers found the walls, floors and fittings were not maintained in a clean condition.

Officers also observed inadequate pest control measures within the food premises.

The Court agreed with Council that the sentence should send a strong message of deterrence to other food businesses that they must adhere to the Food Act 1984 and FSANZ.

The investigation and prosecution of this food business is an example of Council’s important role in food safety management, working to ensure the welfare of people buying food from businesses in Knox.

This matter sends a serious message to proprietors of food businesses that Council takes the health and safety of our community seriously. 

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