CHRIS THOMSON
RELATED STORY LINK: KOSHER FOOD CENTRE CONVICTED FOR SECOND TIME
A large supplier of kosher food to Perth’s Jewish community has been slapped with the biggest health fine since new food laws came into force 14 months ago.
Kosher Food Centre owner Bernard Bettane says the $49,000 penalty is unfair because much of it is based on unrealistic labelling requirements for several of his imported items.
“(The fine) is heavy for sure,” Mr Bettane lamented.
“The cost involved with allowing the product to be analysed (so it can be properly labelled) is very expensive.”
LABELLING LAWS
Mr Bettane said food labelling laws had reduced the ability of his Menora shop to supply kosher products to the Jewish community.
He said many non-Jews who bought his various non-gluten and non-dairy products could also be inconvenienced.
However, a Department of Health representative said that labelling laws had not changed significantly since 2001.
“The same food laws apply to food businesses regardless of origin or ethnicity, and exist to protect the public health and safety of the community,” the official said.
“There are other mechanisms available to enforcement agencies to resolve issues of non-compliance with food laws, and prosecution is usually only reserved for ongoing and significant offences.”
Mr Bettane has been convicted not only of the labelling offences, but also of a raft of hygiene-related ones following City of Stirling health inspections in September 2009 and July this year.
The $49,000 fine was imposed just a month after the previous record penalty – a $45,000 fine dished to Real Flavour of India owner Sushil Kumar.
At the time, Mr Kumar claimed state food laws discriminated against traditional Indian cooking methods.
RABBI
Mr Bettane explained that in the USA segments of the non-Jewish market bought kosher food because it was perceived as less liable to tampering.
This is because, as in WA and everywhere else, the production of kosher food is supervised by a rabbi.
Mr Bettane said that in the 20 years he had been running the shop no customer had ever brought a health complaint to his attention.
He said he baked his own bread and bakeries were messy places.
LAWYER
Stirling health inspectors yesterday revisited the shop and were met by Mr Bettane and his lawyer.
Mr Bettane told oneperth.com.au the lawyer was there to document the inspectors’ observations and conclusions.
He added that – aside from some minor exceptions which would be fixed soon – the shop now complied with the Food Act.
Since the Act came into force on September 23 last year, errant food vendors have been fined a combined $282,108.
Photo: Esther of Wandering Gourmet.
… he lost my business soon after the other shop opened.
I took meat back to him on more than one occasion …
KK
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Wholesale edits. The rest was defamatory.
Ed
Ok guys, the man has been fined heavily due to the lack of labelling and hygiene. Now it is time everyone in the Jewish community stopped rubbishing / attacking the proprietors and give them a chance to rebuild. In life, we all make mistakes and this is indeed a heavy one for Mr. Bettane.
The Jewish community is large enough to accommodate another kosher retail establishment and this should be encouraged by the authority (KAWA) to ensure competitive pricing and also an alternate venue in the event something goes wrong. I for one would like to purchase kosher food but the pricing is just a …
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Last few words cut for legal reasons.
Ed
It appears that “Kosher Food Centre” is now trading as “Koshermart”. The sign in front of the shop has been changed.
To see some more media coverage for Mr Bettane, check out Saturday’s West Australian.
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… which followed up the oneperth.com.au story four weeks too late, vapidly and in not nearly as much depth, yet somehow managed to score page three prominence in their main paper of the week.
Ed
I am not worried about the labeling of the imported food but I will not excuse unclean premises as was written in the notice from the shire. I owned a food outlet and annually received a letter of commendation for cleanliness of my premises. There can be no excuse for promoting sales in an unclean outlet
Local Shopper, I agree. Contrary to what Mr Bettane was quoted as saying, many of us have complained directly to him over many years regarding numerous aspects of food hygiene and safety. Looking at the conviction notice, he appears to have been slapped with fines on two separate occasions in recent months …
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Last assertion edited out for legal reasons.
Ed
“Mr Bettane said that in the 20 years he had been running the shop no customer had ever brought a health complaint to his attention”
… Customers are complaining all the time to him … I’m happy that he finally got hit with the fine. I hope he changes his ways.
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Edited down significantly for legal reasons.
Ed
… I WILL NEVER BUY THERE AGAIN. I WAS … VERY UPSET BY WHAT HAS … BEEN FOUND OUT REGARDING THE UNSANITARY CONDITIONS.
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Edited down for legal reasons.
Ed
I agree with “Kosher Man”. The landlord is a synagogue and they should have been more responsible than to encourage this monopoly situation to continue for so long.
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The plot thickens. Hence my rider on the previous reply.
Ed
I am embarassed and ashamed to be part of a Jewish community where a monopoly has been allowed to exist unhindered for 20 years. I understand the Landlord where Mr Bettane has his premises charges a very low rent and has locked in Bettane for an extended period of time. How can anyone actually compete when the main proprietor of kosher food in Perth is not paying commercial rents. It’s like Telstra, leave as a monopoly and you get crappy service, change the rules of the game and service gets better.
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Yes, monopolies are no good. But to be fair, if the rental arrangement is between two private parties, the rent charged is nobody’s business but the landlord’s and Mr Bettane’s.
Ed
The list of firms chased down by the Health Department seems to include Hungry Jack’s, Mrs Mac’s and McDonald’s. As much as we might disparage the quality of their food, I believe these companies all have rigorous standards, which shows that the Department can basically make a case for anything and fine anyone they want to.
I also think the kosher customer base accepts the reality that the foods coming in from overseas have met high standards with approvals from various overseas authorities. The customers need to be able to eat affordable food in the exercise of their religious rights.
The local authorities are possibly interfering with the implied contract that exists with the customers, as well as trampling on their constitutional right to freedom of religion.
The real irony of course is that these high food standards have their origin in the kosher laws. I suspect the Health Department lacks any understanding of this history.
This has been seriously “hushed up” within the Jewish community. Outside of the community, the public will be even less aware and whilst kosher consumers have little choice, others do.
Goods produced in these premises are supplied to numerous non-kosher businesses around Perth. Packaged bagels are sold at growers markets and deli stores but at least in these instances, the manufacturer is identified on the bags. What about the hotels and cafes in Perth, where people are being served these goods without a chance of realising the … conditions they have been produced in. A busy cafe at a very well known children’s playground serves these bagels to … Mothers and small children, I bet that the owner of this cafe and its customers have no idea.
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Edited down slightly for legality.
Ed
Firstly, if we are talking from a Jewish perspective here, perhaps we need to consider whether spitting venom at a fellow is as bad as anything Mr Bettane is being accused of. How ridiculous must this look to people outside the community to watch us tear another apart.
Secondly, yes there are issues, but if the community refuses to support all the other people who have tried to establish kosher outlets in Perth, then again, perhaps we need to look inward and stop whining about things we are ourselves contributing to by our own apathy.
I do agree that KAWA needs to step in and I do agree that the fines etc were warranted and things need to change immediately. I just dont see how the majority of the comments here are in any way productive or helpful, rather, just an anonymous way to vent. How about actually going and talking to Mr Bettane instead of anonymously slagging him off?
Don’t pay any attention to the gossip you hear about this matter. Don’t dwell on media reporting which is sometimes unbalanced. Just focus on the facts. Go to:
http://www.public.health.wa.gov.au/2/1035/2/publication_of_names_of_offenders_list.pm
Click on the PDF file pertaining to this case and read the conviction notice yourself!
Ed, may I please change my name to “A Former Customer”?
Your reporting is not totally accurate! Some of the issues relate to labelling requirements but I suggest you check the City of Stirling Conviction Report which clearly gives a different picture.
In this report the following HEALTH ISSUES are addressed:
a) The design and construction of the food premises did not comply with Schedule 4. Reg 7(1)(a)(i)
b) The premises was not in a clean and sanitary condition Reg 7(1)(a)(iii)
c) Failed to keep the premises in a
good state of repair
d) The appliances were not in a clean and sanitary condition
e) The appliances were not maintained in a good state of repair
f) The proprietor did not ensure that all food is adequately protected at all times.
g) 4 separate counts of selling food that was labelled in a manner
contravening Part VIII of the Health
h) Food not protected from the likelihood of contamination
Cleanliness of premises / Cleanliness of equipment Not maintained in a good state of repair
i) Three separate counts of food not labelled correctly $30,000 global fine + $1 427.70 costs
What surprises me is the fact that your article did NOT address the major issues pertaining to health but rather concentrated on labelling issues which are common throughout the retail industry.
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TNT,
The report is accurate.
Of course oneperth.com.au was aware of your list and this was covered in the article – though not in the fulsome way you have covered it here.
When reporting such matters there is always a fine line between detail, brevity and balance.
The article did mention a ‘raft of hygiene-related offences’ arising from two city inspections.
Mr Bettane was also asked if his shop now came up to scratch, health wise – and the answer to that question was published.
Above all, we aimed to provide a fair report.
Re the labelling focus, it is a significant issue which has been raised by other commenters – though in a format that is not legally printable.
Mr Bettane’s comments about labeling were reported alongside the Department of Health’s perspective.
The types of health breaches mentioned by you, while multiple (as reported) and not good, are a dime a dozen.
Mr Bettane has just been slapped with the largest food fine in recent history at least, and ameliorative action is being monitored by the council. It is oneperth.com.au’s job to bring the situation to the public’s attention – not to crucify Mr Bettane.
Ed
“Mr Bettane has never received a health complaint from a consumer”… I have voiced concern over …
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Comment edited down for legal reasons.
Ed
Not to mention the health implications – should we wait till someone gets seriously ill …
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Edited down for legal reasons.
Ed
No one says anything to Mr Bettane … And no one is talking openly about this as we need our only supplier. This shouldn’t have to mean we have to put up with … food that does not comply with the law.
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Edited down for legal reasons.
Ed
Mr Bettane has never received a health complaint from a consumer as the Kosher consumer in WA is extremely limited to shopping at one of two outlets owned by Mr Bettane … Mr Bettane charges in excess of $4.00 for a loaf of bread … The Rabbis of this small community should get together and work toward making it easier to keep kosher and not harder, they should attempt to bring prices down, surely this falls on their shoulders or on the shoulders of a committee that they organise. KAWA the kashrut authority seems to be a joke.
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Comment edited down for legal reasons.
Ed