Routley’s Bakery pleads guilty to breach of Food Act over teen’s allergic reaction

A popular Geelong bakery has fronted court, after providing a lunchpack to a severely allergic teen that landed him in hospital during a trip to the Eureka Skydeck.

Following the teen’s allergic reaction, Routley's Bakery has implemented a raft of measures to ensure an oversight like the muffin doesn’t happen again. Pictured: Routley’s High Street, Belmont, store.

A prominent Geelong bakery has fronted court after a 15-year-old boy had an allergic reaction at the Eureka Skydeck.

Routley’s Pty Ltd, which trades as Routley’s Bakery, appeared in Geelong Magistrates Court on Friday and pleaded guilty to a single breach of the Food Act.

The company was convicted and fined $10,000, along with $10,000 in costs and compensation to the victim’s family of $1172.

The court heard that on November 30 last year, a 15 year old boy who was severely allergic to egg was raced to hospital after taking a bite out of a muffin.

Year nine students from Murray High School in Albury were on a school camp to Melbourne and Geelong.

The Eureka Skydeck, where the incident occurred.

The family-run bakery had been hired to provide lunch packs for the students for one day, as the Murray High cohort visited the Eureka Skydeck.

Luke, not his real name, had been provided his own lunch, sealed and clearly marked ‘no egg’.

It was the sole lunch from the 66-pack order that was allergy specific.

Unfortunately, when preparing the lunch, a muffin, which was separately packaged but did list egg as an ingredient, was left in.

Immediately after taking a bite of the muffin, Luke begun having a reaction; his throat and mouth began to tingle, hives broke out across his skin and he had difficulty breathing.

Two epi-pens were administered before the ambulance arrived to take him to hospital, where he stayed overnight.

The City of Greater Geelong begun investigating the incident after receiving an anaphylaxis referral.

The court heard investigators were told Routley’s staff had focused on making sure Luke’s sandwich was not contaminated, and “no employee had thought to remove the muffin”.

In a victim impact statement prosecutor Louisa Dicker read out to the court, Luke’s mother described the “devastating” impact.

She wrote she was “terrified” upon hearing about her son’s reaction, having felt she had “done everything possible” to make the trip as safe as possible.

The court heard she had raised the importance of the issue on multiple occasions, but it became the “worst case scenario”.

“No matter how many steps I took to protect him … others in the community put him at risk,” she wrote.

Luke himself had developed a “new fear of dying” and had become withdrawn and reluctant to eat at times.

“He’s only 16 years old, he shouldn’t live in fear of death,” his mother wrote.

Routley’s lawyer, Peta Smith, told the court the Routley family were “cognisant” of the serious offence and its traumatic impact.

The court heard since the incident, Routley’s had implemented measures to prevent it happening again, including signage and training.

It was an isolated incident, the court heard, given Routley’s spotless 77-year existence – a “long history of safe operation in the food industry”.

Ms Smith further submitted that the school did not adequately convey the “sensitivity and severity” of Luke’s allergy, but that “simply there was an anaphylactic child”.

Magistrate Franz Holzer said while he accepted Routley’s were a “good corporate citizen”, it was ultimately the company was responsible for the food.

“It’s my view, that ultimately whatever goes in that food package is Routley’s responsibility and they should have taken greater care,” Mr Holzer said.

Originally published as Routley’s Bakery pleads guilty to breach of Food Act over teen’s allergic reaction