Repeated failure to declare allergens costs company $69,000

Failing to declare allergens in cakes has cost a Sydney cake manufacturing business and its director $48,000 in fines plus $21,000 in professional costs.

Sunfield Australia and its director, Vivien Sun, were prosecuted under the Food Act 2003 for producing and selling cakes containing nuts and eggs that were not declared on the label.

In 2006, the company was fined for failing to declare walnuts in its product. In March 2010, the company was found to be selling cakes containing undeclared nuts. Despite a formal recall, the NSW Food Authority found a number of cakes bearing incorrect labels on sale after the recall.

In August 2010, the company sold cakes containing undeclared eggs, resulting in a child suffering an allergic reaction. Again, cakes with incorrect labels were found on sale after a recall.

The company claimed not to have realised the seriousness of its actions; the Magistrate rejected this claim, stating that, by August 2010, it should have been well aware of its labelling obligations. In addition, the Magistrate said the company’s delay in implementing the recall after the child’s allergic reaction was particularly egregious.

“Most concerning in this matter is the fact that the company and its director were on notice of the problems with their labelling following earlier investigations by the Authority,” said NSW Food Authority CEO Polly Bennett.

“The importance of that label cannot be underestimated; for some people it can literally be a matter of life and death. Just as the wider community does, the NSW Food Authority expects manufacturers to respect their customers, respect the law and meet their responsibilities.”