Food Safety Offences in Queensland
Have you been charged with a Food Safety Offence?
A charge of breaching food safety regulations under the Food Act 2006 (Qld) can result in serious consequences, including significant fines, a conviction being recorded, and effects on directorship, travel, and suspension on operating licences. In most cases, there can also be serious reputational damage.
The seriousness of this offence stems from the potential risk posed to public health. Poor food handling, hygiene practices, or non-compliance with food safety standards can lead to contamination, outbreaks of foodborne illnesses, and severe consequences for businesses and their customers.
If you are charged, seeking legal advice early from an experienced criminal lawyer can make a significant difference to the outcome.
Our highly experienced criminal lawyers have extensive experience in defending food safety offences. Contact us today to see how we can help your case.
What is a Food Safety Offence?
Under the Food Act 2006 (Qld), food businesses must comply with strict regulations to ensure safe food handling, storage, preparation, and cleanliness. The Brisbane City Council is responsible for enforcing these laws through inspections and audits to identify businesses that fail to meet the required standards.
Common food safety offences include:
• Failing to maintain a clean and hygienic food preparation area
• Poor food handling and storage practices
• Pest infestations within a food business
• Selling food that is unsafe or unsuitable for consumption
• Failing to comply with an Improvement Notice or Show Cause Notice issued by the Council
What is the penalty?
Penalties for food safety offences vary based on the severity of the breach and the potential risk to public health. Minor breaches may result in fines of several thousand dollars, while major breaches, or repeated non-compliance can result in fines in the tens of thousands. A conviction may also be recorded.
What are strategies to defend Food Safety Offences?
Our experienced criminal lawyers take a tailored approach to each case, carefully examining the evidence and circumstances to develop the strongest defence strategy.
Possible defences may include due diligence, being that the business took all reasonable steps to comply with food safety regulations.
In some cases, negotiations with the prosecution may lead to charges being withdrawn or reduced. This is especially important to consider if both the company and the director/managers have been charged. It may be possible to seek discontinuance against the person, for a plea of guilty to the company. There are advantages and disadvantages to this option and so it is crucial to seek early legal advice.
What should I do if I have been charged?
If you are charged with a Food Safety Offence, it is essential to:
• Avoid discussing the case with anyone except your lawyer.
• Take immediate corrective action to address any identified breaches.
• Start compiling evidence of compliance, such as costs spent in renovations, pest control, and staff training.
• Seek legal representation as soon as possible.
The early stages of the case are critical. Our experienced Brisbane criminal lawyers will carefully review the evidence and develop a strategic defence tailored to your situation.
How our Brisbane Criminal Lawyers can help
If you or someone you know has been charged with a Food Safety Offence, contact Ashworth Lawyers today. Call us on (07) 3012 6531 or complete a Quick Enquiry on our website for a confidential discussion with one of our experienced Brisbane criminal lawyers.
The early stages are critical and can affect the outcome. We will thoroughly examine your case to build the strongest defence.
We can help you by:
Thoroughly evaluating the evidence against you and identify weaknesses in the prosecution’s case.
Advise you on the most effective defence strategies for your situation.
Negotiate with the prosecution to reduce or dismiss the charges where possible.
Represent you in court and advocate for the best possible outcome.
Contact us today for strategic advice about your case.