NUTTY ABOUT ALLERGIES E R I C A S E L L A E N V I R O N M E N T A L H E A L T H O F F I C E R
PRESENTATION OVERVIEW 1. P R E M I S E S H I S T O R Y 2. S U M M A R Y O F I N C I D E N T 3. C O M P L A I N T I N V E S T I G A T I O N S 4. O F F E N C E A N D E V I D E N C E G A T H E R E D 5. O U T C O M E 6. C H A L L E N G E S 7. L E A R N I N G S
On the 5 February 2016 the City of Subiaco represented by McLeods Barristers and Solicitors successfully prosecuted Haymaker Pty Limited under Section 16 (2) of the Food Act 2008 A person must not cause food intended for sale to be falsely described if the person ought reasonably know that a consumer of the food who relies on the description is likely to suffer physical harm.
PREMISES HISTORY Haymaker Pty Ltd applied for a Certificate of Registration on the 25 July 2014 as Subidoo. Two inspections resulted in minor non-compliances. Based on interactions with the head chef and sous chef, both believed to have a satisfactory level of food safety knowledge.
INCIDENT Written complaint was received on 14 February 2015. Dined at local restaurant Subidoo on 6 February 2015. Family asked staff if dips contained nuts. Confirmed by staff dips did not contain nuts. Natasha suffered symptoms such as face swelling and difficulty breathing. Was admitted into emergency and treated for anaphylaxis.
WESTERN SUBURBS NEWSPAPER
FACEBOOK URBANSPOON TRIP ADVISOR
INVESTIGATION 1. Premises assessment on the 16 February 2015 2. Conducted an interview on the 18 February 2015 with Natasha. 3. Second premises assessment on the 7 March 2015
FIRST VISIT - 16 FEBRUARY 2015 HEAD CHEF AND SHIFT MANAGER ADVISED Beetroot dip served contained cashews Pumpkin dip served contained walnuts. Dips were garnished with dukkha which contains nuts. Customer did declare her allergy. Staff confirmed dish was nut free.
PREMISES ASSESSMENT IDENTIFIED High potential for cross contamination in kitchen. Customer menu did not include food allergies. Front of House and Back of House staff do not communicate with each other.
INTERVIEW 18 FEBRUARY 2015 Natasha suffers from a nut allergy. Natasha has an anaphylaxis action plan. Food consumed that day was homemade Confirmed suffering an allergic reaction at Subidoo Her nut allergy was disclosed to staff. Staff advised the entrée did not contain nuts. Symptoms included difficulty breathing, onset of vomiting and tongue tingling.
SECOND VISIT 7 MARCH 2015 HEAD CHEF AND SOUS CHEF ADVISED Sous chef was asked by the shift manager twice if dips contained nuts. Confirmed both times there were no nuts in the dip. Unable to confirm exact ingredients in pumpkin dip. Sous chef does have food safety training.
PREMISES ASSESSMENT IDENTIFIED High potential for cross contamination in kitchen remained. Customers refused service if allergy risks could not be managed. Customer menu includes a food allergy warning. Front of House and Back of House communicate recipe changes. Staff training manual was being developed.
OFFENCE Haymaker Pty Ltd was believed to have committed an offence under Section 16 (2) of the Food Act 2008. Both the shift manager and sous chef advised two Authorised Officers that they did falsely describe food which the consumer relied on.
ADDITIONAL OFFENCES CONSIDERED Food Act 2008 Section 20 (1) Food Standards Code Standard 1.2.3, section 4 (2) Food Standards Code Standard 3.2.2, section 3 (1)
OUTCOME
CHALLENGES There was no precedent in Western Australia. Reluctance from McLeods to prosecute for allergy incident. Limited experience with allergy complaints.
LEARNINGS WHAT I WOULD HAVE DONE DIFFERENTLY? Contacted Department of Health after first visit. Receive a copy of Natasha s food allergies from her general practitioner. Include photos to depict the lack of allergy awareness throughout the premises. Receive a copy of the beetroot dip recipe.
WHAT CAN WE DO? Ask more questions during routine food inspections. Utilise resources we have to promote food allergy awareness amongst the community. IT BEGAN WITH Updating our food safety assessment checklist. Requested I m Alert training to include a food allergy module.
FOOD ALLERGY KIT
CITY OF SUBIACO WEBSITE UPDATE SOCIAL MEDIA POSTS
AUTUMN FOOD FOR THOUGHT NEWSLETTER MAY MONTHLY NEWSLETTER
QUESTIONS?