In
this Regulation, unless the context otherwise requires,
the expression "food business" (食物業)
means, subject to the succeeding provisions of this
section, any trade or business for the purpose of
which any person engages in the handling of food
or food is sold by means of a vending machine.
4(2)
The
said expression does not include any agricultural
activity, any canteen in any naval, military or
air force establishment or provided in any school
or work place (other than a factory canteen referred
to in section 31) for the use exclusively of the
pupils of the school and the persons employed in
the work place, respectively, any club or (except
so far as the handling of food may be involved in
the course of a retail business or in the course
of supplying food for immediate consumption) so
much of any trade or business as consists of the
handling of food at, in or upon-
(a)
any
dock or wharf; or
(b)
except
in the case of any business involving the
transport of meat, whether cooked or uncooked,
any premises or place occupied by a carrier
of foods for the purposes of his trade as
such a carrier; or
(c)
any
slaughterhouse; or
(d)
any
premises or place occupied by a wholesaler
of raw vegetables and used exclusively for
the purpose of his trade or business as such
a wholesaler; or
(e)
any
premises which-
(i)
are
used exclusively for the storage of
food manufactured and packed by the
occupier thereof; and
(ii)
are
situated outside the curtilage of the
premises used for the manufacture or
packing of that food; and
(iii)
are
not used for the storage of any open
food; or
(f)
any
warehouse, other than a warehouse in which
articles of food are stored under refrigeration.
Every
person who carries on any food business shall at
all times cause the walls, floors, doors, windows,
ceiling, woodwork and all other parts of the structure
of any food premises used by him in the course of
such food business to be kept clean and free from
noxious matters and to be kept in such good order,
repair and condition as to-
(a)
enable
them to be effectively cleaned; and
(b)
prevent,
so far as is reasonably practicable, infestation
by rats, mice and insects and the entry of
birds.
5(3)
No
person engaged in any food business shall knowingly
suffer or permit-
(a)
in
any food premises, the presence of rats, mice
or insects; or
(b)
in
any food room, the presence of live birds
or animals.
Every
person engaged in any food business shall, while
so engaged, take all such steps as may be reasonably
necessary to protect the food from risk of contamination
or deterioration, and in particular, without prejudice
to the generality of the foregoing, no person shall-
(a)
so
place, or cause, suffer or permit any other
person so to place, any open food as to involve
any risk of contamination; or
(b)
wrap
up or otherwise bring any open food into direct
contact with any printed newspaper or other
unclean paper or wrapping material.
No
person in the course of any food business shall
store (including display for sale) or suffer or
permit the storage of any open food other than uncooked
perishable food, except in a suitable container
so designed and constructed as to prevent, so far
as is reasonably practicable, the access of dust,
insects and vermin:
Provided
that nothing in this subsection shall be construed
to prevent such reasonable exposure of food as may
be necessary in the course of carrying on the business.
No
person shall for the purpose of any food business
use, or cause, suffer or permit to be used, any
yard, alley, street, open space, roof top or open
deck space for the preparation or storage of open
food or for the washing, cleansing or storage of
any equipment or utensil used in the preparation
or service of food.
The
walls, floors, doors, ceilings, woodwork and all
other parts of the structure of every food room
shall be kept clean and shall be kept in such good
order, repair and condition as to-
(a)
enable
them to be effectively cleaned; and
(b)
prevent,
so far as is reasonably practicable, any risk
of infestation by rats, mice or insects or
the entry of birds.
No
person shall collect for sale for human consumption
any shell fish in-
(a)
the
harbour; or
(b)
the
harbour in Aberdeen, being all those waters
and foreshores bounded by a line drawn north
from the westernmost extremity of the Island
of Ap Lei Chau and a line drawn east from
the southernmost extremity of that island.
No
person shall sell, or offer or expose for sale,
or possess for sale or for use in the preparation
of any article of food for sale, any of the foods
specified in Schedule 1.
Save
with the permission in writing of the Director,
no person shall-
(a)
sell
or offer or expose for sale, or possess for
sale or for use in the preparation of any
article of food for sale, any of the foods
specified in items 1 to 5 inclusive, items
9 to 14 inclusive and items 16 to 21 inclusive
of Schedule 2:
Provided
that this paragraph shall not apply to the
hawking of live poultry in any place or area
for the time being set aside by the Director
pursuant to section 4(1)(a) of the Hawker
Regulation (Cap 132 sub. leg.);
(b)
sell
or offer or expose for sale, or possess for
sale any of the foods specified in items 6,
7, 8 and 15 of Schedule 2 unless such food
is contained in an unopened hermetically sealed
container; or
(c)
possess
for use in the preparation of any article
of food for sale any of the foods specified
in items 6, 7, 8 and 15 of Schedule 2 unless
such food is, until the time it is about to
be so used, contained in an unopened hermetically
sealed container.
No person shall sell, or offer or expose for sale, or possess for sale fresh beef, mutton or pork and chilled beef, mutton or pork at the same premises.
(2)
No person shall sell, or offer or expose for sale, or possess for sale fresh beef, mutton or pork and chilled beef, mutton or pork at the same market stall.
(3)
In subsection (1), “premises” (處所) means the premises on which the business of a fresh provision shop is carried on.
Unless with reasonable excuse, no person having the possession for sale of any pre-packaged chilled beef, mutton or pork at any premises referred to in section 30D or market stall shall open, or in any other way tamper with, the package at the premises or market stall.
Subject
to section 33C, except under and in accordance with
a licence granted by the Director under this Regulation,
no person shall carry on or cause, permit or suffer
to be carried on any of the following food businesses-
(a)
any
food factory, not being a milk factory or
a frozen confection factory; or
Notwithstanding section 30(1), in relation to the food specified in items 1(a) and 1(b) of Schedule 2, the Director may grant permission to a person to sell, or offer or expose for sale, or possess for sale at any premises the food specified in that item 1(a) or the food specified in that item 1(b) but not both at the same premises.
(2)
Notwithstanding section 30(1), in relation to the food specified in items 1(a) and 1(b) of Schedule 2, the Director may grant permission to a person to sell, or offer or expose for sale, or possess for sale at any market stall the food specified in that item 1(a) or the food specified in that item 1(b) but not both at the same market stall.
(3)
In subsection (1), “premises” (處所) means the premises on which the business of a fresh provision shop is carried on.
No
full licence shall be granted under section 31 unless
the Director is satisfied, in relation to the premises
in respect of which the application for such licence
was made, that-
(a)
the
plan referred to in section 32 has been approved
by the Director and the premises conform thereto;
(b)
the
means of ventilation provided, whether natural
or mechanical or partly natural and partly
mechanical, are sufficient in every part of
the premises, other than any part used exclusively
for storage purposes, to safeguard in that
respect the maximum number of person likely
to be in such part of the premises at any
one time;
(c)
sanitary
fitments are provided to a standard not less
than that required by the Building (Standards
of Sanitary Fitments, Plumbing, Drainage Works
and Latrines) Regulations (Cap 123 sub. leg.):
Provided
that in the case of any premises to which
such regulations do not apply, the Director
may approve such lesser standard as, having
regard to considerations of public health
and the circumstances of the case, he may
consider adequate;
(d)
public
mains water is laid on to the premises and
that adequate tank storage suitably protected
against access of dust and mosquitoes is provided:
Provided
that where the Director is satisfied that
public mains water cannot reasonably be laid
on, for all or any purpose, the Director may
in his discretion approve such other water
supply as, having regard to consideration
of public health, he considers adequate;
(e)
no
food room contains any soil fitment or latrine
fitment or communicates directly with a room
or other place which contains a soil fitment
or latrine fitment;
(f)
the
floors and internal surfaces of the walls
of every food room to a height of not less
than 2 m are surfaced with smooth light coloured
non-absorbent material and the junctions between
the walls and floors are coved;
(g)
the
ceilings of every food room are rendered impervious
to dust;
(h)
in
the opinion of the Director, the facilities
for cleansing equipment and utensils used
in the preparation, service or consumption
of food on the premises are adequate having
regard to the nature of the food business
to be carried on;
(i)
except
where adequate provision is made elsewhere,
suitable and sufficient cupboard or locker
accommodation is provided for clothing and
footwear not worn during working hours of
all persons engaged in the handling of food
on or about the premises:
Provided
that-
(i)
this
requirement shall not apply to food
premises upon which no open food is
handled; and
(ii)
this
requirement may be waived or modified
by the Director by notice in writing;
(j)
in
the case of any restaurant (other than a restaurant
selling only light refreshments) in respect
of which-
(i)
a
licence was granted before 1 February
1974; and
(ii)
since
that date, no alteration has been made
to the space allocated to the kitchen,
the preparation of food or the seating
accommodation,
the
space allocated to the kitchen and the
preparation of food and cleansing of
utensils is not less in proportion to
the space allocated to the seating accommodation
than that prescribed in Schedule 4;
(ja)
in
the case of any restaurant (other than a restaurant
selling only light refreshments) in respect
of which a licence was not granted before
1 February 1974, the space allocated to the
kitchen and the preparation of food and cleansing
of utensils is not less in area, or in proportion
to the gross floor area, than that prescribed
in Part I of Schedule 5;
(k)
in
the case of any light refreshment restaurant,
in respect of which-
(i)
a
licence was granted before 1 February
1974; and
(ii)
since
that date, no alteration has been made
to the space allocated to the kitchen,
the preparation of food or the usable
floor space,
the
total space allocated to the kitchen
and the preparation in food and cleansing
of utensils is not less in proportion
to the usable floor space than that
prescribed in Schedule 4;
(ka)
in
the case of any light refreshment restaurant
in respect of which a licence was not granted
before 1 February 1974, the total space allocated
to the kitchen and the preparation of food
and cleansing of utensils is not less in area,
or in proportion to the gross floor area,
than that prescribed in Part II of Schedule
5;
(kb)
in
the case of any factory canteen, the total
space allocated to the kitchen and the preparation
of food and cleansing of utensils is not less
in area, or in proportion to the gross floor
area, than that prescribed in Part III of
Schedule 5;
(l)
the
surface of every article of furniture referred
to in section 17 is capable of being lit to
a standard of not less than 90 lux, and the
top plates of every stove and cooking range
are capable of being lit to a standard of
not less than 65 lux, either by natural or
artificial lighting or partly by natural and
partly by artificial lighting; and
(m)
any
heating equipment or air conditioning plant
provided is properly installed and, having
regard to the nature of the premises, is not
likely to be dangerous.
33(2)
Where
the premises in respect of which such application
is made are a vessel, the provisions of subsection
(1) shall apply subject to such modification as
is appropriate.
No
licence shall be granted by the Director in respect
of a siu mei or lo mei shop unless the Director
is satisfied that the premises in respect of which
the application is made are not being used for the
sale of fresh meat.
The
Director may on application grant a provisional
licence permitting the carrying on of any food business
mentioned in section 31(1) where the applicant satisfies
the Director-
(a)
that
the conditions mentioned in sections 33(1)(b)
to (i), (ja), (ka), (kb) and (m) and 33A have
been complied with; and
(b)
that
any requirements issued by the Director of
Fire Services have been complied with.
33C(2)
The
Director shall not consider an application for a
provisional licence unless the applicant has applied
to the Director for a full licence for the carrying
on of any food business mentioned in section 31(1)
in respect of the same premises.
33C(3)
A
provisional licence shall be valid for a period
of 6 months from and including the date of its issue.
33C(4)
A
provisional licence may be renewed on one occasion,
and only on one occasion at the absolute discretion
of the Director.
33C(5)
A
provisional licence that is renewed under subsection
(4) shall be valid for a period of 6 months from
and including the date of its renewal or such lesser
period as may be specified in the provisional licence.
33C(6)
The
fee for the grant or renewal of a provisional licence
shall be half of the prescribed fee for a full licence.
33C(7)
If
a full licence is granted before the expiry of a
provisional licence, any refund of part of the fee
paid in respect of the provisional licence will
be made on a pro-rata basis. Any fraction of $1
in the refund shall count as $1.
After
the grant or renewal of any licence under this Regulation,
except with the written permission of the Director,
no licensee shall, in respect of the premises in
relation to which such licence was granted, cause
or permit-
(a)
any
alteration or addition which would result
in material deviation from the plan approved
under section 32; or
(b)
any
alteration in respect of any matter specified
in section 33; or
(c)
in
relation to any heating equipment, any alteration
of any part of such equipment or any change
in the type of fuel used therein.
Fresh, chilled or frozen meat of animals which have not been slaughtered in a Government slaughterhouse or in a slaughterhouse approved by the Director except where such meat was lawfully imported into Hong Kong in accordance with the Imported Game, Meat and Poultry Regulations (Cap 132 sub. leg.). (78 of 1999 s. 7; L.N. 220 of 2001)
3.
Shell fish which has been collected in contravention of section 28 of this Regulation. (78 of 1999 s. 7)
(b) Chilled meat other than pre-packaged chilled beef, mutton or pork
(c) Pre-packaged chilled beef, mutton or pork
(d) Frozen meat (L.N. 169 of 2006)
2.
Fresh, chilled or frozen game (L.N. 220 of 2001)
3.
Fresh, chilled, frozen or live fish, excluding live fish on a fish farm (L.N. 220 of 2001)
4.
(a) Live water birds, excluding live water birds on a poultry farm or in a wholesale market
(b) Other live poultry, excluding live poultry on a poultry farm or in a wholesale market
(c) Fresh, chilled or frozen poultry carcass (L.N. 171 of 1998; L.N. 220 of 2001)
5.
Fresh, chilled or frozen shell fish, excluding shell fish specified in Schedule 1 (L.N. 220 of 2001)
6.
Imported cooked or dried meat or imported meat which has been otherwise treated or prepared
7.
Imported intestines or other parts of any animal which are prepared in the form of sausage casings
8.
Imported pies, sausages or other prepared or manufactured articles of food which contain any meat or cooked or dried meat other than fat
9.
Milk or any milk beverage, being milk or a milk beverage to which the Milk Regulation (Cap 132 sub. leg.) apply, other than sterilized milk or milk beverage approved under section 4(2) thereof (78 of 1999 s. 7)
10.
(a) Soft ice cream
(b) Other frozen confections
11.
Chinese herb tea
12.
Non-bottled drinks
13.
Siu Mei (燒味) or Lo Mei (鹵味)
14.
Cut fruit
15.
Leung Fan (涼粉)
16.
Man Tau Lo (饅頭籮)
17.
Food sold by means of a vending machine
18.
Sashimi (L.N. 407 of 1996)
19.
Sushi (L.N. 407 of 1996)
20.
Oyster to be eaten in raw state (L.N. 407 of 1996)
Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with the name or designation of the food.
2
Indication of “slaughtering” and “use by” dates
(1)
Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with the “slaughtering date” and the “use by” date.
(2)
The “slaughtering date” shall be indicated by the words “slaughtering date” in English lettering and by Chinese characters “屠宰日期” followed by the date on which the animal was slaughtered.
(3)
The “use by” date shall be indicated by—
(a)
the words “use by” in English lettering and by Chinese characters “此日期或之前食用” followed by the date up to and including which the pre-packaged chilled beef, mutton or pork, if properly stored, is recommended for use; and
(b)
a statement of conditions for storage which need to be observed if the pre-packaged chilled beef, mutton or pork is to retain its quality attributes until that date.
(4)
The “slaughtering date” and the “use by” date shall be shown either in Arabic numerals or in both the English and Chinese languages and, subject to subsection (6), shall be expressed in terms of a day, a month and a year.
(5)
The “slaughtering date” and the “use by” date may appear on the labelling of the pre-packaged chilled beef, mutton or pork separately from the words immediately preceding the date, if those words are followed by a reference to the place where the date appears.
(6)
Where the “slaughtering date” and the “use by” date are shown in Arabic numerals—
(a)
the day shall be indicated by the words “DD”, “dd”, “D” or “d” in English lettering and by Chinese character “日”;
(b)
the month shall be indicated by the words “MM”, “mm”, “M” or “m” in English lettering and by Chinese character “月”; and
(c)
the year shall be indicated by the words “YY”, “yy”, “Y” or “y” in English lettering and by Chinese character “年”,
and the day, month and year can appear in any order.
and the day, month and year can appear in any order.
3
Name and address of slaughtering plant
Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with the business name and the full address of the slaughtering plant.
4
Net weight
(1)
Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with its net weight.
(2)
The net weight shall, so far as is practicable, be indicated in accordance with the Weights and Measures Ordinance (Cap 68) or with the International System of Units set out in the First Schedule to the Metrication Ordinance (Cap 214).
5
Appropriate language
The marking and labelling for the purposes of sections 1, 2(1), 3 and 4 shall be in the English language or Chinese language or in both languages, but if both languages are used for any such marking or labelling, the name or designation of the food under section 1 shall be shown in both languages.
Last
review date: 08-10-2007