Response by and reply to Brendan Garrett - Thu, Feb 18, 2016 at ...

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From: Thanasis Raptis Date: Thu, Feb 18, 2016 at 10:57 PM Subject: Fwd: TO EVERYONE IT CONCERNS - SDP REPORT 2 To: [email protected] Cc: Chris Ritsikos , Joseph Genco , Brendan Garrett , Robert Gaskell , Luke Hamblin , [email protected], [email protected], [email protected], Kristal Maynard , Mel Beyer , Philip Misso , [email protected], [email protected], [email protected], contact , [email protected], "C. Kandiliotis & Co" , Bruce McNab , "[email protected]" , "[email protected]" , [email protected], [email protected], [email protected], [email protected]

Brendan,

Your response is unacceptable and therefore unanswered questions in my previous email require a a data demonstrable, formal, clear and concise reasoning as below;

1. Food Safety laws affect every Victorian’s Health and Safety. In Victoria, all food businesses must comply with the Food Act 1984, which oversees Food Safety. The Act also requires food premises to comply with the Australia New Zealand Food Standards Code.

2. As per statement in the above paragraph, it is given that the Food Act 1984 and ANZFSC are mutually connected. It cannot be any other way.

3. Under Australia New Zealand Food Standards Code.

http://www.foodstandards.gov.au/code/Pages/default.aspx

http://www.foodstandards.gov.au/publications/pages/safefoodaustralia2nd519.aspx

4. Safe Food Australia - A Guide to the Food Safety Standards

3.1 This guide was prepared to help with the interpretation of the three mandatory food safety standards: Standard 3.1.1, Interpretation and Application, Standard 3.2.2 Food Safety Practices and General Requirements and Standard 3.2.3 Food Premises and Equipment.

It was prepared primarily for use by government agencies responsible for enforcing the standards. Businesses may also find it offers guidance that will help them to comply with the standards.

5. Under Chapter 3:Food Safety standards-PART 3.1 Preliminary

The first standard is the 3.1.1, with ONLY ONE OBJECTIVE:

HOW to INTERPRET and APPLY all MANDATORY Food Safety Standards to ENSURE that ONLY SAFE and SUITABLE food is sold in Australia.

Every standard is set on the premise that “if food business complied with will ensure food does not become unsafe or unsuitable

Risk does not apply here. We target ZERO risk. Risk implies UNCERTAINTY. Uncertainty is when an UNEXPECTED event , happens.

Food business does not EXIST, based on Uncertainty. It is based on adopted world wide best practices/ proven methodologies and sciences that ENSURE ADHERENCE / COMPLIANCE to standards.

Australias Government vision is ONLY safe food to be sold in Australia.

There is no room for legal Jargons here. Its either Complies or Does not Comply.

Reply to your reference to “the Act”.

‘Act’ is defined in Standard 1.1.1 as meaning the Act under the authority of which the Code is applied.

So you apply the Australia New Zealand Food Standards Code, under the Food Act 1984

To help understand the above and following your vague instructions.

Given the history outlined to you to now and the SDP reports in your possession of November 2015 and February 2016 can you guide me as to how to evaluate, identify and quantify the risks involved with respect to food preparation under a non-compliant kitchen canopy, given Robert Gaskell - Environmental Health Officer | Health and Wellbeing, has already conducted his audit, from which I’ve yet to receive his report, reference the following formal reporting sequence;

 Division 5—Assessment and audit of food premises as per “19H Assessment and audit requirements for food”.



Premises subject the declaration under section 19C.

 Therefore as per19JA, Deficiencies identified in food safety assessment by food safety auditor, can be dealt with and Blu Nite be provided as per 19L, a Certificate of Compliance following audit which ensures that food prepared, sold or otherwise handled at the food premises is safe and suitable.

Brendan, in your role - Team Leader Health and Wellbeing | City Communities | Melbourne City Council, can you currently provide the associated ‘Certificate of Compliance’ following the audit outcome as reported to you by Robert Gaskell?

Brendan can you now further advise what Blu Nite needs to do as to the various side effects reported by staff related to nausea, running noses, digestion issues, tiredness, lethargic behaviour and dizziness which were pre-existent reference our Chef, Paul Kytrokas. Can you provide a written confirmation that these concerns are outside your jurisdiction and if they are, to whom do I refer them?

These concerns additionally require a formal response from you stating that they are are beyond your jurisdiction. or not, referencing to Food Safety Australia.

These symptoms have an effect over an extended period of time and cannot be evidenced over a short time interval, inspection, therefore, subject to all of the events put in front of you and the Wellbeing of Communities;

It is expected that you formally state if an investigation needs to be initiated to examine these HVAC / extraction concerns following established protocols as per the relevant regulations?

Kind regards,

Thanasis Raptis

From: Brendan Garrett Date: Wed, Feb 17, 2016 at 5:22 PM Subject: RE: TO EVERYONE IT CONCERNS - SDP REPORT 2 To: Thanasis Raptis Cc: Robert Gaskell Dear Mr Raptis, The premises are registered with Council allowing you to operate a food business and prepare and sell food. It is your responsibility as the registered proprietor to ensure you are complying with the Food Standards Code in the operation of the business. If you have identified a food safety risk in your operations, it is your responsibility to eliminate or control that risk. Furthermore, it is your responsibility to ensure that the food you sell is safe. Brendan Garrett | Team Leader Health and Wellbeing | City Communities City of Melbourne | Council House, 200 Little Collins Street Melbourne 3000 | GPO Box 1603 Melbourne 3001 T: 03 9658 8803 | F: 03 9658 8830 | E: [email protected] | www.melbourne.vic.gov.au | www.melbourne.vic.gov.au/whatson We value: Integrity | Courage | Accountability | Respect | Excellence

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