BRIMBANK City Council has decided not to join a coalition of Melbourne councils pushing for changes to food privacy laws that would allow councils to publicly name food outlets that fail to meet food hygiene standards.
A number of municipalities, including Moreland and Wyndham city councils, are pushing for changes to privacy provisions in the Food Act in an effort to publish names of shoddy and unhygienic food sellers.
But Brimbank City Council last week said it had not asked for the power to name poorly performing or non-compliant businesses, saying instead that “if premises are in a poor food hygiene/safety condition then the council will take legal action”.
Wyndham and Moreland councils are both pushing for the privacy regulations to be changed, arguing the public has a right to know which outlets are serving healthy food, and also that naming poor performers will work as a deterrent.
In its most recent food sampling report, for the quarter to December 31, more than one-third of the 155 samples taken failed to pass the hygiene test. The council claims the inclusion of play equipment hygiene tests, which were carried out on toys and play equipment at pubs, fast food stores and play centres skewed the number of failed results.
The report noted that three noodle samples failed because of poor quality – either poor quality raw meat, food handling procedures or storage – but privacy restrictions prevented publishingdetails of where the food came from.
In its submission to the Victorian Competition and Efficiency Commission – the body investigating food regulation across the state – the council said its most common problem was “record keeping”, estimating that 20 per cent of food premises were not completing temperature logs correctly.
It has asked the commission to consider giving the council the power to directly fine outlets that don’t comply with small offences such as record keeping.
At present legislation only gives council power to revoke or suspend registration, and according to its submission, poor record keeping isn’t a reason to close down a business or temporarily revoke its licence.
For serious breaches of the Food Safety Code, the council can prosecute food outlet owners through the courts.
Last week the owner of a West Footscray Chinese takeaway restaurant was fined $9000 after he delivered a dim sim surrounded with live cockroaches.
The man pleaded guilty in Sunshine Magistrates’ Court on Wednesday to four breaches of the Food Safety Code after legal action brought by the Maribyrnong City Council.
