Sentencing — food safety — packaging — Food Act 2014, ss 12, 14 & 240(1) — NZFSA v Chico's Restaurant Ltd CRI-2007-059-1880 DC Queenstown, 16 June 2018 — NZFSA v McGregor's Wanaka Ltd CRI-2007- 002-00134 DC Alexandra, 1 August 2008 — MAP v Avondale RSA and Anor CRI-2012-090-006663, DC Waitakere, 22 January 20013 — Department of Labour v Hanham and Philp Contractors Ltd (2008) 6 NZELR 79 (HC) — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020. The defendant had pleaded guilty to a charge of breaching food safety. The defendant mislabeled its food products, therefore the consumers were not warned that the food contained milk products. Allergens such as milk products were required to be listed as ingredients in the packaging. In 2017, three children had anaphylactic reactions after consuming the mislabeled products. After being notified, Hellers put all current stock on hold and held an internal investigation. It also notified Ministry of Primary Industries of the incident. The defendant took steps to notify consumers. Restorative justice was held where two of the victims visited one of the defendant's processing facilities. The Judge decided that the appropriate starting point was $75,000. Since the incident, significant changes had been made to the processing checks to ensure that mislabeling did not happen again. The defendant came to the court having been remorseful and co-operative, and having made significant efforts to address the cause of the breach. They were of previous good character. As the defendant exhibited all the mitigating factors it was entitled to a 30 per cent reduction, as well as another reduction of 25 per cent for guilty plea. The overall end fine was $39,375. The defendant was also ordered to pay $5,000 to each of the victims for emotional harm reparation. Judgment Date: 29 January 2019.