«3.24 Food Related Laws and Regulations Exhibitors are requested to read through sections 3.24.1 to 3.24.16 of the Exhibitor's Manual and ensure ...»
3.24 Food Related Laws and Regulations
Exhibitors are requested to read through sections 3.24.1 to 3.24.16 of the Exhibitor's
Manual and ensure complete compliance with all the stated laws, regulations and
The exhibitor agrees to comply with all the laws, regulations and conditions mentioned in
section 3.24, and to exempt the Hong Kong Trade Development Council and Hong Kong
Convention and Exhibition Centre (Management) Limited from, and indemnify them
against all liabilities whatsoever incurred from any complaint lodged or proceedings instituted by any person arising from any offence committed under the laws and regulations by the exhibitor.
3.24.1 Onsite Inspection To ensure full compliance with the laws and regulations, the Organisers maintain the right to demand for immediate remedial action by Exhibitors upon request during the Fair period if the Organisers have any suspicion on any non-compliance of the laws and regulations mentioned in section 3.24. In the incidence that repeated verbal warnings are in vain, the Organisers may terminate the exhibitors' right to continue participating in the Fair with immediate effect. Officials from various government departments and authorities such as Food and Environmental Hygiene Department, Department of Health, Customs & Excise Department, Immigration Department, Chinese Medicine Council of Hong Kong, as well as the Consumer Council, may also conduct inspections onsite during the Fair period.
3.24.2 Food Laws of Hong Kong The Food and Environmental Hygiene Department (FEHD) of the Government of the Hong Kong Special Administrative Region (HKSAR) have set forth very strict rules and regulations relating to sale of food in Hong Kong. Any food, whether imported or locally produced, intended for sale in Hong Kong shall comply with the local food laws including but
not limited to the list below:
(1) Public Health and Municipal Services Ordinance (Cap. 132) (a) Part V — (Food and Drugs) of the Public Health and Municipal Services Ordinance (Cap. 132 of Laws of Hong Kong);
(b) Colouring Matter in Food Regulations (Cap.132H);
(c) Dried Milk Regulations (Cap.132R);
(d) Sweeteners in Food Regulations (Cap.132U);
(e) Food Adulteration (Metallic Contamination) Regulations (Cap.132V);
(f) Food and Drugs (Composition and Labelling) Regulations (Cap.132W);
(g) Food Business Regulation (Cap.132X);
(h) Frozen Confections Regulation (Cap.132AC);
(i) Harmful Substances in Food Regulations (Cap.132AF);
(j) Imported Game, Meat and Poultry Regulations (Cap.132AK);
(k) Milk Regulation (Cap.132AQ);
(l) Mineral Oil in Food Regulations (Cap.132AR);
(m) Preservatives in Food Regulation (Cap.132BD);
(n) Slaughterhouses Regulation (Cap.132BU); and (o) Smokeless Tobacco Products (Prohibition) Regulations (Cap.132BW).
Note that Pesticide Residues in Food Regulation (Cap.132CM) will come into force on 1 August 2014.
The full text of the Public Health and Municipal Services Ordinance and its subsidiary legislations can be downloaded at http://www.legislation.gov.hk/index.htm.
(2) Food Safety Ordinance (Cap. 612) The Food Safety Ordinance provides a tracing mechanism for food safety in Hong Kong, which comprises a registration scheme for food importers and distributors and a record-keeping scheme prescribed for all food importers and distributors in relation to movement of food.
According to the Ordinance, “Food” includes – (a) drink;
(c) chewing gum and other products of a similar nature and use;
(d) smokeless tobacco products; and (e) articles and substances used as ingredients in the preparation of food, but does not include – (f) live animals or live birds, other than live aquatic products;
(g) fodder or feeding stuffs for animals, birds or aquatic products; or (h) medicine as defined by section 2(1) of the Pharmacy and Poisons Ordinance (Cap.
138) or Chinese herbal medicine or proprietary Chinese medicine as defined by section 2(1) of the Chinese Medicine Ordinance (Cap. 549).
“Food importer” means a person who carries on a business which brings or causes to be brought any food into Hong Kong by air, land or sea.
“Food distributor” means a person who carries on a business of which the principal activity is wholesale supply of food in Hong Kong. This also includes in general food producers (like fish/vegetables farmers and fishermen) and food manufacturers who supply their products by wholesale.
The Ordinance requires any person who carries on a food importation/distribution business to register with Director of Food and Environmental Hygiene as a food importer/food distributor. Any person who does not register with FEHD as a food importer/distributor but carries on a food importation or distribution business commits an offence and is liable to a maximum fine of $50,000 and imprisonment for 6 months.
For details of the registration scheme, exhibitors should refer to the FEHD’s publication “A Guide to the Registration Scheme for Food Importers and Food Distributors” available at the website of Centre for Food Safety at www.cfs.gov.hk.
Record-keeping requirements The Ordinance requires any person who, in the course of business, imports, acquires or supplies by wholesale food in Hong Kong to keep transaction records of the business from which it acquired the food and the business to which it supplied the food. Any person who captures local aquatic products and in the course of business, supplies them in Hong Kong is also required to keep the capture records.
Failure to comply with the record-keeping requirement is an offence under the Ordinance and upon conviction a person is liable to a maximum fine of $10,000 and imprisonment for 3 months.
There is no stipulated format for the records of each transaction to be maintained but such records should cover the following information as required under Part 3 of the
Food Safety Ordinance:
(A) Record of local acquisition of food (Local acquisition record) A person who, in the course of business, acquires food in Hong Kong must record the following information about the acquisition – (a) the date the food was acquired;
(b) the name and contact details of the seller;
(c) the total quantity of the food;
(d) a description of the food.
The record must be made within 72 hours after the time the food was acquired.
(B) Record of acquisition of imported food (Import record) A person who, in the course of business, imports food acquired outside Hong Kong must record the following information about the acquisition – (a) the date the food was acquired;
(b) the name and contact details of the seller;
(c) the place from where the food was imported;
(d) the total quantity of the food;
(e) a description of the food.
The record must be made at or before the time the food is imported.
(C) Record of capture of local aquatic products (Capture record) A person who captures local aquatic products and who, in the course of business, supplies them in Hong Kong must record the following information about the capture – (a) the date or period of the capture;
(b) the common name of the local aquatic products;
(c) the total quantity of the local aquatic products;
(d) the area of the capture Exhibitors are required to fulfill their obligation in keeping records of their food products by following the Code of Practice on Keeping Records Relating to Food issued under section 43 of the Ordinance which can be downloaded from the website of Centre for Food Safety at www.cfs.gov.hk The full text of the Ordinance can be downloaded at http://www.legislation.gov.hk/index.htm and Guidelines on the operation of the Ordinance issued by the Centre for Food Safety can be downloaded from the website of Centre for Food Safety at www.cfs.gov.hk.
Exhibitors of the ICMCM must comply with all the laws and regulations relating to food.
Exhibitors are deemed to have notice of the latest Food Laws in Hong Kong and have complied with any amended Food Laws once the amended laws have been posted on the website of Centre for Food Safety at www.cfs.gov.hk.
3.24.3 Summary on Food Related Regulations The following is a summary of some of the regulations and conditions for Exhibitors’
(1) Selling and Dispensing Food or Beverages Any food or beverages for on-site sale should be seal-packaged. For all on-site retail sale, exhibitors should offer proper receipts to consumers. The receipts should clearly indicate the company name of the exhibitor, the transaction date and amount.
All exhibitors should note that no elaborate food preparation processes are allowed at the fairground. Exhibitors are NOT allowed to cook or reheat any food items for sale, unless the items are intended for free tasting without any retail transaction or an Exhibitor has obtained the necessary Temporary Food Factory Licences and food permits from the FEHD and displayed the same at an eye-catching location of the Exhibitor’s booth.
Exhibitors who wish to conduct retail sales of restricted items like milk, ice-cream and frozen confections should apply for the necessary food permits from the FEHD.
Exhibitors who will carry out on-site food processing activities must provide Hong Kong Trade Development Council (HKTDC) at least 30 days before the ICMCM notification in writing with the type of food items to be processed and whether the items are for free tasting or for sale. Where sale of on-site processed food will be conducted, the exhibitor is also required to provide HKTDC a copy of its Temporary Food Factory Licence at the same time.
[For inquiries, please contact FEHD at: (852) 2868 0000 or http://www.fehd.gov.hk/english/licensing/] (2) Fire Regulation No open fire is allowed at the fairground for any purpose.
[For inquiries, please contact HKTDC (852) 2240 4470].
(3) Food Labelling All pre-packaged food and beverages exhibited or offered at the ICMCM must comply with the Food and Drug (Composition and Labelling) Regulations (Cap.132W) to have the prescribed label and nutrition label written in Chinese, English or both.
[For inquiries, please contact Centre for Food Safety at (852) 2868 0000 or visit its website at www.cfs.gov.hk.] (4) Undesirable Medical Advertisements Ordinance Any exhibits, which include any kind of medicament, other curative or preventive substance or orally consumed products expect those customarily consumed as food or drink, and whether a proprietary medicine, a patent medicine, or purported natural remedy, must conform to the requirements under the Undesirable Medical Advertisements Ordinance (Cap. 231) on labelling and advertisements. Any labelling or advertisement should not contravene the provisions of the Ordinance. [For inquiries, please contact the Department of Health at (852) 2961 8989 or (852) 2961 8991 or visit its website at http://www.dh.gov.hk/.] (5) Registration of Proprietary Chinese Medicines According to Chinese Medicine Ordinance (Cap 549), all proprietary Chinese medicines must first be registered by the Chinese Medicines Board of the Chinese Medicine Council of Hong Kong before they can be imported, manufactured or sold in Hong Kong.
All proprietary Chinese medicines must also carry a prescribed label and be attached with package insert according to the provision of the Ordinance.
[For inquiries, please contact the Secretariat of the Chinese Medicine Council of Hong Kong at (852) 2121 1888 or http://www.cmchk.org.hk.] (6) Product Genuineness & Product Labelling Please note that the Organisers and Po Sau Tong Ginseng & Antler Association Hong Kong Limited, sponsor of the ICMCM, have the sole discretion to examine or test any ginseng, antler, dried seafood or Chinese soup ingredients which are suspected to be
(7) Retail Sales Activities for Overseas Exhibitors According to the provisions of the Immigration Ordinance (Cap. 115), all exhibitors who are not ordinary residents of Hong Kong will be required to obtain a “Temporary Work Visa” when they participate in a public fair in Hong Kong involving retail sales activities;
unless a local representative is employed to conduct retail sales activities and the handling of proceeds.
[For inquiries, please contact Immigration Department of the HKSAR at (852) 2824 6111, by fax (852) 2877 7711 or through the Internet http://www.immd.gov.hk/.] 3.24.4 Conditions on Selling and Dispensing Food or Beverages To comply with the provisions of the Food Safety Ordinance, all exhibitors intending to import or distribute food in the ICMCM are required to register with or obtain exemption from the FEHD. Application forms and Guidelines on the operation of the Ordinance can be obtained from the Center for Food Safety at 43/F., Queensway Government Offices, 66 Queensway, Hong Kong or downloaded at its website at: www.cfs.gov.hk.
[For inquiries, please contact Centre for Food Safety at: (852) 2868 0000 or www.cfs.gov.hk] In addition to the provisions of the Food Safety Ordinance, the following conditions on selling and dispensing food or beverages must be observed and complied with by all
Food Permits and Licences
1. All food and beverages exhibited at the ICMCM must be in hygienic condition of the highest standard and must be fit for human consumption. For the sake of public health, the Organisers maintain the right to demand for valid certificates on the food product quality issued by the relevant health and food safety authorities upon request during the Fair period. If the Organisers have any suspicion on any of the exhibits, given all the circumstantial supportive factors, it may call for immediate removal of the concerned items from display and from sale. In the incidence that repeated verbal warnings are in vain, the Organisers may terminate the exhibitors' right to continue participating in the Fair with immediate effect. Please ensure that there are no fake or unhygienic food products at the fairground.