Owners of Cherry Blossom at Morphett Vale convicted after multiple food safety breaches
The owners said they had been “overwhelmed by emotional distress” after inspectors found rice left out overnight and fried chicken in open containers. The magistrate was unmoved.
South
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Cooked rice was left on benches at unsafe temperatures overnight and vegetables left in open containers at a southern sushi restaurant franchise, a court has heard.
Xiao Liang, 61, and Yunhua Song, 51 – husband and wife owners of Cherry Blossom Sushi Bar at Southgate Shopping Centre in Morphett Vale – were on Friday convicted of six counts of failing to comply with a requirement of the food standards code at Christies Beach Magistrates Court.
Both pleaded guilty to their offences.
According to court documents, Onkaparinga Council inspectors found food items uncovered both in storage and on benches when they visited the restaurant on July 3, 2019.
They also found rice being kept at room temperature and an employee was unsure about cooking and cooling methods at the restaurant.
The worker told inspectors she had only been taught how to roll sushi and had not been given any food safety training, according to the statement of agreed facts.
Inspectors returned to Cherry Blossom Sushi Bar on July 10 and found a number of issues had been fixed.
But when they visited again on July 19 they found eight tubs of rice at the rear of the business – seven of which were more than 21 degrees and one 16 degrees.
Song told inspectors the rice had been cooked about 8pm the night before and was set to be made into sushi rolls that morning.
They should have been cooled to 5 degrees within six hours.
During their visits, inspectors also found uncovered vegetables in a fridge, and fried chicken and pumpkin in open containers on a bench while food was not being prepared.
Liang and Song also failed to provide easily accessible hand washing facilities and had dirty drawers containing cooking utensils.
Mitigation documents tendered by the pair’s lawyer, Gordon Cheng, said the couple had been “overwhelmed by emotional distress” after Song’s brother was diagnosed with multiple system atrophy in June last year.
Mr Cheng said a conviction should not be recorded because of the couple’s “clear record” and “substantial actions” to remedy their food safety breaches.
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He said they had been “very stressed, depressed and remorseful” since the incident.
Magistrate Bob Harrap accepted the couple were “hardworking people” who had “attended to and rectified” issues previously raised by food safety inspectors.
He said the family health problem “explains, not excuses” the offences.
Mr Harrap dismissed the request to not record a conviction because of the need to “send a message … that strict compliance is essential”.
Liang and Song have been fined $7200 and will have to pay $1548 in costs to Onkaparinga Council.