No
person shall add any substance to food, use any
substance as an ingredient in the preparation of
food, abstract any constituent from food, or subject
food to any other process or treatment, so as (in
any such case) to render the food injurious to health,
with intent that the food shall be sold for human
consumption in that state.
50(3)
Subject
to the provisions of this section, no person shall-
(a)
sell
for human consumption, offer, expose or advertise
for sale for human consumption, or have in
his possession for the purpose of such sale,
any food rendered injurious to health by any
operation described in subsection (1).
No
person shall add any water or colouring matter,
or any dried or condensed milk or liquid reconstituted
therefrom, to milk intended for sale for human consumption.
51(2)
No
person shall add any separated milk, or mixture
of cream and separated milk, to unseparated milk
intended for sale for human consumption.
51(3)
No
person shall sell or offer or expose for sale,
or have in his possession for the purpose of sale,
for human consumption any milk to which any addition
has been made in contravention of the provisions
of subsection (1) or (2).
51(4)
No
person shall sell, offer or expose for sale, or
advertise, under the designation of milk any liquid
in the making of which any separated milk, or any
dried or condensed milk, has been used.
No
person shall, by injection or any other means,
introduce or cause the introduction of any water
or other liquid into the tissues of the carcass,
meat or offal of any animal, bird or reptile sold
for human consumption or offered, exposed or intended
for sale for human consumption.
51A(2)
No
person shall sell for human consumption or offer
or expose for sale or have in his possession for
the purpose of sale for human consumption, any carcass,
meat or offal of any animal, bird or reptile into
the tissue of which there has been introduced by
injection or any other means anything specified
in subsection (1).
51A(3)
No
person shall have in his possession whilst on, or
bring onto or permit to be brought onto, any premises
in which any carcass, meat or offal of any animal,
bird or reptile intended for human consumption is
kept or stored or is sold or is offered or exposed
for sale, any instrument designed or adapted for
the introduction into the tissues of the carcass,
meat or offal of any animal, bird or reptile of
anything specified in subsection (1).
51A(4)
Any
person who contravenes any of the provisions of
subsection (1), (2) or (3) shall be guilty of an
offence.
51A(5)
Where-
(a)
any
offence is committed under subsection (4);
or
(b)
any
instrument specified in subsection (3) is
found,
on
any premises on which there is carried on
any business in the course of which the carcass,
meat or offal of any animal, bird or reptile
intended for human consumption is kept or
stored or is sold or is offered or exposed
for sale, then, in addition to any other person
who may be guilty of an offence under subsection
(4), and whether or not any other person is
convicted for such offence, the person who
carries on such business and the manager of
the business shall each be guilty of an offence
whether or not the persons last mentioned
were aware of the commission of an offence
under subsection (4) or of the presence of
any instrument specified in subsection (3)
on those premises.
If
any person sells to the prejudice of a purchaser
any food or drug which is not of the nature, or
not of the substance, or not of the quality, of
the food or drug demanded by the purchaser, he shall
be guilty of an offence.
Subject
to the provisions of this section, any person who-
(a)
sells
or offers or exposes for sale, or has in his
possession for the purpose of sale or preparation
for sale; or
(b)
deposits
with, or consigns to, any person for the purpose
of sale or of preparation for sale,
any
food intended for, but unfit for, human consumption,
or any drug intended for use by man but unfit
for that purpose, shall be guilty of an offence.
54(2)
Subject
as aforesaid, where any food or drug in respect
of which an offence under subsection (1)(a) has
been committed was sold to the offender by some
other person, that person also shall be guilty of
an offence.
The
appropriate authority may, so far as appears to
him to be necessary or expedient in the interests
of the public health, or otherwise for the protection
of the public, make regulations for any of the following
purposes-
(a)
for
requiring, prohibiting or regulating the addition
or extraction of any specified substance,
or any substance of any specified class, to
food intended for sale for human consumption
or to any drug intended for sale for use by
man or any class of such food or drug, or
the use of any substance as an ingredient
in the preparation or preservation of any
such food or drug, and generally, for regulating
or prescribing the composition of such food
or drug or the bacteriological or chemical
standard thereof;
(b)
(Repealed
80 of 1997 s. 2)
(c)
for
prohibiting, restricting or regulating the
importation or the use of any specified materials,
or of materials of any specified class, in
the manufacture of apparatus or utensils designed
for use in the preparation or preservation
of food for human consumption or drugs for
use by man and the sale or importation for
sale of apparatus or utensils designed for
such use and containing any specified materials,
or materials of any specified class;
(d)
for
imposing requirements as to, and otherwise
regulating, the labelling, marking or advertising
of food intended for sale for human consumption
or drugs intended for sale for use by man,
and the descriptions which may be applied
to such food or drugs;
(e)
for
prescribing or providing for methods of analysis
for the purpose of ascertaining the presence
in, or absence from, any food or drug of any
specified substance, or the quantity of any
such substance which is present in any food
or drug.
(f)
(Repealed
80 of 1997 s. 2)
55(1A)
The
appropriate authority may, so far as appears to
him to be necessary or expedient in the interests
of public health, or otherwise for the protection
of the public, make regulations for prohibiting,
restricting or regulating the importation or manufacture,
or the sale, possession for sale, offer or exposure
for sale, or consignment or delivery of-
(a)
food
or drugs or ingredients of food or drugs which
do not comply with regulations made under
subsection (1)(a), or in relation to which
an offence under such regulations has been
committed or would have been committed if
any relevant act or omission had taken place
in Hong Kong; or
(b)
any
food or drugs (including food or drugs referred
to in paragraph (a)) which, in his opinion,
are or may be prejudicial to the public health.
55(1B)
The
appropriate authority may make regulations for fees
to be paid in respect of any analysis or bacteriological
or other examination of food or drugs by a public
analyst.
55(2)
In
the exercise of his functions under subsection (1)
in relation to the composition of food, the appropriate
authority shall have regard to the desirability
of restricting, so far as practicable, the use of
substances of no nutritional value as foods.
55(3)
Regulations
made under subsection (1A) or (1B) may provide in
respect of any provision thereof that the appropriate
authority may amend that provision by notice in
the Gazette.
55(4)
Regulations
made under subsection (1A) may-
(a)
empower
a health officer to-
(i)
permit
the importation subject to such conditions
as he may specify of such food as may
be prescribed;
(ii)
require
any imported food as may be prescribed
to be submitted or made available for
inspection by a health inspector;
(iii)
impose
any conditions or issue any directions
with regard to such imported food as
may appear to him desirable for the
purpose of ensuring that such food is
sound, wholesome or fit for human consumption;
and
(b)
prohibit
the contravention of or non-compliance with
any condition, requirement or direction referred
to in paragraph (a).
55(5)
In this section any reference to "appropriate
authority" is to be construed according to subsection
(6).
55(6)
The
appropriate authority for the purposes of-
(a)
subsection
(1), in relation to-
(i)
food,
is the Director of Food and Environmental
Hygiene; and
(ii)
drugs,
is the Director of Health;
(b)
subsections
(1A) and (1B), in relation to-
(i)
food,
is the Secretary for the Environment
and Food; and
(ii)
drugs,
is the Secretary for Health and Welfare;
(c)
subsection
(2), is the Director of Food and Environmental
Hygiene; and
(d)
subsection
(3), in relation to-
(i)
regulations
made by the Secretary for the Environment
and Food, is the Director of Food and
Environmental Hygiene; and
(ii)
regulations
made by the Secretary for Health and
Welfare, is the Director of Health.
Without
prejudice to the provisions of section 55, the Authority
may make regulations for securing the observance
of sanitary and cleanly conditions and practices
and wholesome methods in connection with-
(a)
the
sale of food for human consumption or drugs
for use by man;
(b)
the
manufacture, preparation, transport, storage,
packaging; marking, exposure for sale, service
or delivery of food intended for sale or sold
for human consumption and drugs intended for
sale or sold for use by man, and ice, or otherwise
for the protection of the public health in
connection with any such matters.
56(2)
Without
prejudice to the generality of the provisions of
subsection (1), regulations made under this section
may make provision-
(a)
for
prohibiting, restricting or regulating the
sale, or storage, possession or exposure for
sale, of any specified food or drug, either
generally or in any specified district, area
or place or by any specified person or class
of persons;
(b)
for
imposing requirements as to the construction,
layout, drainage, equipment, maintenance,
cleanliness, ventilation and extraction of
fumes or heat, lighting, water-supply and
use of premises in, at or from which food
for human consumption or drugs for use by
man are sold or offered, exposed, stored,
prepared or manufactured for sale (including
any parts of such premises in which apparatus
and utensils are cleansed or in which waste
is disposed of or stored);
(ba)
for
imposing requirements as to the precautions
to be taken against fire in any such premises;
(c)
for
imposing requirements as to the provision,
maintenance and cleanliness of sanitary and
washing facilities in connection with such
premises, the disposal of waste and the maintenance
and cleanliness of apparatus, equipment, furnishings
and utensils used in such premises, and in
particular for imposing requirements that
every sanitary convenience situated in such
premises shall be supplied with water through
a suitable flushing appliance;
(d)
for
prohibiting or restricting spitting on premises
where food for human consumption or drugs
for use by man are sold, or offered, exposed,
stored, prepared or manufactured for sale
(including any parts of such premises in which
apparatus and utensils are cleansed);
(e)
for
imposing requirements as to the clothing to
be worn by persons engaged to work in such
premises;
(f)
for
requiring the medical examination of persons
engaged in any such premises or class of premises
(including any parts of such premises in which
apparatus and utensils are cleansed), the
immunization of such persons against any specified
diseases and the prohibition of the employment
of any such person found to be suffering from
any specified disease;
(g)
for
requiring the marking, staining or treating
of meat intended for human consumption;
(h)
for
regulating generally the treatment and disposal
of any food which is unfit for human consumption
or any drug which is unfit for use by man
or any food or drug which does not comply
with any of the provisions of any regulation
made under section 55 relating to the composition
or standard of quality of food and drugs;
(i)
for
prohibiting or regulating the sale for human
consumption, or the possession, offer, exposure,
distribution or collection for sale for human
consumption, of shellfish.
56(3)
Regulations
made under this section may require or provide for
the registration or licensing of premises, businesses
or persons engaged in or connected with any of the
matters specified in subsection (1)(a) or (b).
56(3A)
Regulations
made under this section containing provisions-
(a)
requiring
the registration or licensing of premises,
businesses or persons; or
(b)
restricting
the sale, possession or use of specified foods,
may
empower a specified public officer, by notice
in the Gazette, to grant exemptions from such
provisions or any of them.
56(4)
Regulations
made under this section may make different provisions
in relation to different classes of business, and,
without prejudice to any other provisions of this
section, any such regulations imposing requirements
in respect of premises may impose on the occupier
of the premises to which such regulations apply
responsibility for compliance with those regulations.
56(5)
The
Authority may from time to time take such steps
as it may think fit for publishing codes of practice
in connection with matters which may be made the
subject of regulations under this section, for the
purpose of giving advice and guidance to persons
responsible for compliance with such regulations.
56(6)
A
failure on the part of any person to observe any
provisions of a code published under subsection
(5) shall not of itself render that person liable
to criminal proceedings of any kind but any such
failure may, in any proceedings whether civil or
criminal and including proceedings for an offence
under this Ordinance, be relied upon by any party
to the proceedings as tending to establish or to
negative any liability which is in question in those
proceedings.
Any
public officer authorized in writing in that behalf
by the Authority may-
(a)
examine
any food which is, or which appears to him
to be, intended for human consumption, or
any drug which is, or which appears to him
to be, intended for use by man; and
(b)
seize
and remove such food or drug or any package
in which the same was contained if it appears
to him that such food or drug is unfit for
human consumption or for use by man, as the
case may be, or that any of the provisions
of any regulation made under section 55 or
56 have been contravened in respect thereof;
and
(c)
where
he is of the opinion that a special procedure
is necessary for the examination of any such
food which has been imported, or where at
the request of the importer he has recourse
to such special procedure, direct the importer
or any other person in possession of the food
to provide all such facilities as may be required
for the examination of the food.
59(2)
If
it appears to any public officer authorized in writing
in that behalf by the Authority that any food or
drug, whether seized under the provisions of subsection
(1) or not, is unfit for human consumption or for
use by man, respectively, or that any of the provisions
of any regulations made under section 55 or 56 have
been contravened in respect of any such food or
drug, he may-
(a)
affix
to such food or drug a mark, seal or other
designation; or
(b)
destroy
or otherwise dispose of such food or drug
or cause the same to be destroyed or otherwise
disposed of.
59(3)
If
any person sells, offers or exposes for sale, or
deposits or consigns to any person for the purpose
of sale or preparation for sale, or otherwise uses,
any food or drug contrary to the purport of any
mark, seal or other designation affixed thereto
under the provisions of subsection (2), or removes,
alters or obliterates any such mark, seal or designation
with intent to deceive any person, he shall be guilty
of an offence.
59(5)
If
any person considers himself aggrieved by the seizure
and removal, or by the marking, sealing or otherwise
designating, or by the destruction or other disposal,
of any food or drug under the provisions of subsection
(1) or (2) he may, within 72 hours after the doing
of such act, complain to the court and the court
may confirm or disallow the act, either wholly or
in part, and shall, in the case of any act disallowed,
or disallowed in part, order the removal of such
mark, seal or other designation or the restoration
of the food or drug seized and removed, either as
to the whole or as to such part in respect of which
the act was disallowed, or, if the food or drug
in question, or any part thereof, has been destroyed
or otherwise disposed of, or is no longer fit for
human consumption or for use by man, as the case
may be, or is depreciated in value at the time of
making such order by reason of such act, order the
Authority, to pay by way of compensation such sum
of money, not exceeding the market value of such
food or drug at the time of the doing of such act,
as the court may, having regard to the circumstances
of the case, consider just.
59(6)
In
the case of any conviction for an offence under
section 54(1) or (2) or for an offence under any
of the provisions of any regulation made under section
55, the court may order that any food or drug to
which the conviction relates and any similar food
or drug found on the defendant's premises or in
his possession at the time of the commission of
the offence or of the seizure of the food or drug
in question, shall be forfeited, together with all
packages containing the same.
If
any person gives with any food or drug sold by him,
or displays with any food or drug exposed for sale
by him, a label, whether or not the same is attached
to or printed on the wrapper or container, which-
(a)
falsely
describes the food or drug; or
(b)
is
calculated to mislead as to its nature, substance
or quality,
he
shall be guilty of an offence, unless he proves
that he did not know, and could not with reasonable
diligence have ascertained, that the label
was of such a character as aforesaid.
Any
public officer authorized in writing in that behalf
by the Authority may take samples for analysis,
or for bacteriological or other examination, of
any food or drug, or of any substance capable of
being used in the preparation of any food or drug,
which appears to him to be intended for sale or
to have been sold for human consumption or for use
by man, as the case may be, or which is found by
him on or in any premises, stall, vehicle, vessel,
aircraft or place which he is authorized to enter
for the purposes of this Ordinance:
Provided
that-
(a)
such
officer shall pay or tender payment of the
market price of any such samples, or, if the
market price be unknown or not readily ascertainable,
a reasonable price, to the person appearing
to have the lawful custody of such food, drug
or substance; and
(b)
where
any such food, drug or substance is kept for
retail sale in unopened packages, no such
sample shall consist of less than the whole
of the contents of any one such package.
62(4)
Any
person who fails to comply with any demand or requisition
made under the provisions of this section shall
be guilty of an offence.
Subject
to the provisions of subsection (2), any public
officer authorized under the provisions of section
59(1), who has reason to suspect that any vehicle,
vessel or container contains any food which is intended
for human consumption or any drug which is intended
for use by man or any food or drug which is in the
course of delivery after sale for human consumption
or for use by man may examine the contents of such
vehicle, vessel or container and may for that purpose,
if necessary, detain the vehicle, vessel or container,
and, in the case of a vehicle or vessel in motion,
may call upon such vehicle or vessel to stop.
68(2)
Nothing
in this section shall authorize the detention of
any vehicle, vessel or container used by a carrier
of goods for the purposes of his trade as such a
carrier.
68(3)
Any
person, being a person in charge of a vehicle or
vessel which is called upon a stop under the provisions
of subsection (1), who fails to stop when so called
upon shall be guilty of an offence.
Without
prejudice to any power of examining food or drugs
conferred by this Part, the Authority or any public
officer authorized in writing in that behalf by
the Authority may give directions to the person
in possession of any food or drug imported with
a view to sale for human consumption or for use
by man, as the case may be, prohibiting or restricting
its removal or delivery-
(a)
during
any period, not exceeding 6 days (exclusive
of Saturdays, Sundays and public holidays),
which may be reasonably required for the examination
of such food or drugs; and
(b)
if
within that period the Authority or the officer
so requires, until that person has notified
the Authority or the officer of the name of
the person to whom, and the address to or
at which, he proposes to send or deliver such
food or drug.
69(2)
A
person who fails to comply with any direction given
under the provisions of subsection (1), or who,
in a notification thereunder, knowingly makes any
false statement, shall be guilty of an offence.
Last
review date: 08-10-2007