Our Fruit Box owner found guilty of three Food Act charges
A juice company owner found guilty of breaching the Food Act held up two middle fingers to the court as the judge delivered her decision.
Our Fruit Box (OFB) owner Riiria Jade Tatana was charged with failure to provide information to the Ministry for Primary Industries as set out in recall notices, failure to comply with a notice of direction, and failure to register the food business as required.
OFB sold raw fruit juice across the East Coast and in Hawke’s Bay.
On April 4, 2024, the Ministry for Primary Industries issued a Chief Executive Privileged Statement under Section 289 of the Act, warning consumers about OFB raw fruit juices and recalling the product.
At the time, New Zealand Food Safety deputy director-general Vincent Arbuckle said OFB was not registered under the Food Act, so consumers could not be certain that risks were properly identified and managed.
Tatana appeared via audiovisual link in Gisborne District Court on Wednesday, when Judge Sacha Nepe delivered her decision of guilty on all three charges.
Sentencing has been reserved until the end of October. The maximum penalty is a fine of up to $50,000 per charge.
Tatana told Judge Nepe the charges needed to be “stood down”. Her audio was muted shortly afterwards, and Judge Nepe continued to list the charges and evidence.
The Crown witnesses were MPI officers and previous customers.
Tatana spent much of the judge’s reading of the evidence holding up documents, one of which had “thief” handwritten next to the name of MPI’s principal food compliance officer at the time of the offences.
She appeared to continue speaking during Judge Nepe’s reading of her decision while muted.
Tatana began by holding her middle finger to her nose, then moving it to her chin. She held up two fingers to the screen when Crown Solicitor Riki Donnelly, appearing for MPI, stood up.
Judge Nepe said the elements of the case, in her view, were proven beyond reasonable doubt.
She said Tatana’s evidence also proved the charges beyond reasonable doubt.
Tatana had admitted selling the juice and her intent to continue selling it, arguing that only God, not the Crown, had jurisdiction over her and her business.
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