Upwey Le’s Vietnamese restaurant director Hong Phuc Tran convicted of breaching food safety act

A serious complaint from a customer with a severe food allergy has landed an Upwey Vietnamese restaurant owner in hot water. And the investigation escalated when conditions didn’t improve.

Le's Vietnamese in Upwey. Picture: Google Maps

An anaphylactic reaction to gluten that hospitalised a diner has landed the owner of an Upwey Vietnamese restaurant in court.

Le’s Vietnamese Restaurant director Hong Phuc Tran was found guilty and convicted of falsely labelling and selling food, which had an allergen, between April 27 and May 16 in 2019, at the Ringwood Magistrates’ Court on August 19, 2020.

The Main St proprietor was fined $9500 as part of an aggregate order, and ordered to pay $8000 in costs.

Yarra Ranges communities director Jane Price said the council launched an investigation into the restaurant following a complaint regarding an anaphylactic reaction that required hospitalisation in 2019.

“Our investigation found numerous concerns relating to allergy-related management at the business,” Ms Price said.

“After multiple attempts at providing information and resources to the business to help address the matter, council escalated the issue to prosecution.”

She said correctly labelling allergens and avoiding cross-contamination was one of the most important parts of running a safe food business.

Australian and New Zealand food standards list foods and substances that require mandatory labelling.

Cafes and restaurants are also required by law to label allergens on menus or provide to customers on request.

“For many people with anaphylaxis and severe allergies, being served food incorrectly can have severe, sometimes deadly, consequences,” Ms Price said.

“The Code also states that food businesses must take reasonable measures to ensure they do not compromise the safety or suitability of food.”

She said reasonable measures include alerting customers of the potential food allergen or keeping preparation areas and equipment separate and clean to stop cross contamination.

“While council has the option of enforcement action – which ranges from an official warning to court proceedings – education is always our first priority, to help build strong relationships with local businesses and help them navigate their responsibilities when handling food,” Ms Price said.

Leader attempted to contact Mr Tran for comment.

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