Cap 612 - FOOD SAFETY ORDINANCE 1

Chapter: 612 FOOD SAFETY ORDINANCE Gazette Number Version Date

Long title E.R. 2 of 2014 10/04/2014


An Ordinance to establish a registration scheme for food importers and food distributors; to require the keeping of
records by persons who acquire, capture, import or supply food; to enable food import controls to be imposed; to
re-enact Part VA of the Public Health and Municipal Services Ordinance; to make consequential and related
amendments to that Ordinance and another Ordinance and to provide for incidental and connected matters.


[The Ordinance (except Part 3 and

Division 1 of Part 2) } 1 August 2011 L.N. 60 of 2011
Part 3 and Division 1 of Part 2
}

1 February 2012 L.N. 60 of 2011]


(Enacting provision omitted—E.R. 2 of 2014)


(Originally 5 of 2011)

Part: 1 Preliminary L.N. 60 of 2011 01/08/2011




Section: 1 Short title E.R. 2 of 2014 10/04/2014


(1) This Ordinance may be cited as the Food Safety Ordinance.
(2)-(3) (Omitted as spent—E.R. 2 of 2014)

(Amended E.R. 2 of 2014)

Section: 2 Interpretation L.N. 60 of 2011 01/08/2011


(1) In this Ordinance—
“air transhipment cargo” (航空轉運貨物) has the meaning given by section 2 of the Import and Export Ordinance

(Cap 60);
“animal” (動物) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance

(Cap 132);
“aquatic product” (水產) means fish, shellfish, amphibian or any other form of aquatic life other than a bird,

mammal or reptile;
“authorized officer” (獲授權人員), in relation to a provision of this Ordinance, means—

(a) a public officer authorized under section 39 in relation to that provision; or
(b) a public officer authorized under section 39 in relation to this Ordinance generally;

“Director” (署長) means the Director of Food and Environmental Hygiene;
“drink” (飲品) does not include water other than—

(a) aerated water;
(b) distilled water;
(c) water from natural springs, either in its natural state or with added mineral substances; and
(d) water that is placed in a sealed container and is intended for human consumption;

“export” (出口) means to take out or cause to be taken out of Hong Kong by air, land or water;
“food” (食物) includes—

(a) drink;
(b) ice;
(c) chewing gum and other products of a similar nature and use;
(d) smokeless tobacco products; and



Cap 612 - FOOD SAFETY ORDINANCE 2

(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 distribution business” (食物分銷業務) means a business the principal activity of which is the supply of
food in Hong Kong by wholesale;
Note: See also subsection (2).

“food distributor” (食物分銷商) means a person who carries on a food distribution business;
“food importation business” (食物進口業務) means a business that imports food (whether or not that is the

principal activity of the business);
“food importer” (食物進口商) means a person who carries on a food importation business;
“food safety order” (食物安全命令) means an order made under section 30 as varied from time to time under

section 30(5);
“food transport operator” (食物運輸商) means a person who transports food under a contract of carriage but at no

time has any proprietary interest in the food;
“function” (職能) includes duty;
“import” (進口) means to bring or cause to be brought into Hong Kong by air, land or water;
“local aquatic product” (本地水產) means an aquatic product captured from a local fishing vessel, whether in

Hong Kong waters or in other waters;
“local fishing vessel” (本地漁船) means a Class III vessel (within the meaning of the Merchant Shipping (Local

Vessels) (Certification and Licensing) Regulation (Cap 548 sub. leg. D)) that is licensed under that Regulation;
“premises” (處所) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance

(Cap 132);
“registered food distributor” (登記食物分銷商) means a person who is registered under Part 2 as a food

distributor;
“registered food importer” (登記食物進口商) means a person who is registered under Part 2 as a food importer;
“Secretary” (局長) means the Secretary for Food and Health;
“smokeless tobacco product” (無煙煙草產品) has the meaning given by section 2(1) of the Public Health and

Municipal Services Ordinance (Cap 132);
“supply” (供應), in relation to food, means—

(a) to sell the food;
(b) to offer, keep or exhibit the food for sale;
(c) to exchange or dispose of the food for consideration; or
(d) for commercial purposes, to give the food as a prize or to make a gift of the food;

“wholesale” (批發) means the supply of food to a person who obtains the food for the purpose of supplying or
causing to supply it to a third party in the course of business carried on by that person.
(2) In determining, for the purposes of the definition of “food distribution business” in subsection (1),

whether the principal activity of a business is the supply of food in Hong Kong by wholesale, regard must be had only
to those activities of the business that are related to the supply of food.

Section: 3 Food not intended for human consumption L.N. 60 of 2011 01/08/2011


(1) This Ordinance does not apply in relation to any food that is not intended for human consumption.
(2) For the purposes of this Ordinance—

(a) any food commonly used for human consumption is presumed, unless there is evidence to the contrary,
to be intended for human consumption;

(b) any substance capable of being used in the composition or preparation of any food commonly used for



Cap 612 - FOOD SAFETY ORDINANCE 3

human consumption that is found on any premises or in any vessel where that food is prepared is
presumed, unless there is evidence to the contrary, to be intended for human consumption.

(3) Without limiting subsection (1) or (2), this Ordinance does not apply in relation to the propagation or
promotion of growth of live aquatic products in captivity.

Part: 2 Registration of Food Importers and Distributors L.N. 60 of 2011 01/08/2011




Part:
Division:

2
1

Requirement to be Registered 5 of 2011; L.N.
60 of 2011

01/02/2012





Section: 4 Requirement for food importers to be registered 5 of 2011; L.N.
60 of 2011

01/02/2012



(1) A person must not carry on a food importation business unless the person is registered under this Part as a food
importer in respect of that business.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a fine
at level 5 and to imprisonment for 6 months.

(3) Subsection (1) does not apply if—
(a) the person is specified in column 4 of Schedule 1;
(b) the person is exempted, or is in a class of persons that is exempted, under section 6 in respect of the

business;
(c) food is imported solely for the purpose of export, and—

(i) the food is air transhipment cargo; or
(ii) during the period between import and export, the food remains in the vessel, vehicle or aircraft in

which it was imported; or
(d) food is imported solely in the course of business of a food transport operator.


Section: 5 Requirement for food distributors to be registered 5 of 2011; L.N.

60 of 2011
01/02/2012



(1) A person must not carry on a food distribution business unless the person is registered under this Part as a food
distributor in respect of that business.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a fine
at level 5 and to imprisonment for 6 months.

(3) Subsection (1) does not apply if—
(a) the person is specified in column 4 of Schedule 1;
(b) the person is exempted, or is in a class of persons that is exempted, under section 6 in respect of the

business; or
(c) the person is registered under this Part as a food importer in respect of the business.


Section: 6 Exemptions by Director 5 of 2011; L.N.

60 of 2011
01/02/2012



(1) The Director may in writing exempt a person from the requirement to be registered under this Part in respect of a
business.

(2) An exemption under subsection (1) may be granted subject to any conditions the Director considers appropriate.
(3) The Director may withdraw an exemption granted under subsection (1) on the ground that the conditions of the

exemption have not been complied with.
(4) The Director may, by notice published in the Gazette, exempt a class of persons from the requirement to be

registered under this Part in respect of a class of businesses.




Cap 612 - FOOD SAFETY ORDINANCE 4

Part:
Division:

2
2

Registration L.N. 60 of 2011 01/08/2011





Section: 7 Application for registration L.N. 60 of 2011 01/08/2011


(1) A person may apply to the Director to be registered under this Part in respect of a business—
(a) as a food importer; or
(b) as a food distributor.

(2) For a partnership, a partner authorized by the partnership may apply for registration on behalf of the
partnership and, if registration is granted, it is to be expressed to be granted to that person on behalf of the partnership.

(3) An application for registration—
(a) must be in the form specified by the Director;
(b) must identify the main food categories and food classifications, as set out in Schedule 2, of all food to

be imported by the business (for a food importer) or supplied by wholesale by the business (for a food
distributor);

(c) must include or be accompanied by any documents or information reasonably required by the Director
for the purpose of considering the application; and

(d) must be made in the manner specified by the Director.
(4) The Director may refuse to consider an application that does not comply with subsection (3).


Section: 8 Determination of application for registration L.N. 60 of 2011 01/08/2011


(1) The Director must decide whether to grant or refuse an application for registration under this Part.
(2) The Director may refuse an application if—

(a) the Director is satisfied that the applicant has repeatedly contravened this Ordinance in the period of 12
months immediately preceding the day on which the application was made;

(b) the applicant was previously registered under this Part in respect of the business and that registration
was revoked in the period of 12 months immediately preceding the day on which the application was
made; or

(c) in the case of an application on behalf of a partnership, the registration under this Part of any partner
on behalf of the partnership in respect of the business was revoked in the period of 12 months
immediately preceding the day on which the application was made.

(3) The Director must give written notice to the applicant of the Director’s decision on the application.
(4) If the Director refuses an application, the notice must include the reasons for refusal.


Section: 9 Registration L.N. 60 of 2011 01/08/2011


(1) If the Director grants an application for registration under this Part, the Director must register the applicant
on payment of the registration fee specified in Schedule 3.

(2) On registration, the Director must assign a registration number and inform the applicant of that number.
(3) Unless revoked earlier, registration has effect for a period of 3 years, and may be renewed in accordance

with this Part.
(4) Registration under this Part is non-transferable.


Section: 10 Conditions of registration L.N. 60 of 2011 01/08/2011


(1) The Director may impose any conditions on a person’s registration under this Part that the Director
considers appropriate.

(2) Conditions may be imposed under subsection (1) only at the time of registration or renewal of registration.
(3) A person who, without reasonable excuse, contravenes a condition of registration commits an offence and is

liable to a fine at level 3 and to imprisonment for 3 months.




Cap 612 - FOOD SAFETY ORDINANCE 5

Section: 11 Application for renewal of registration L.N. 60 of 2011 01/08/2011


(1) A registered food importer or registered food distributor may apply for renewal of registration under this
Part.

(2) An application for renewal of registration—
(a) must be in the form specified by the Director;
(b) must include or be accompanied by any documents or information reasonably required by the Director

for the purpose of considering the application; and
(c) must be made—

(i) no earlier than 4 months before the day on which the registration is due to expire; and
(ii) in the manner specified by the Director.

(3) The Director may refuse to consider an application that does not comply with subsection (2).
(4) If an application is made in accordance with this section but the Director has not made a decision on the

application before the day on which the registration is due to expire, the registration continues in effect until it is
renewed under section 13 or the Director gives notice to the applicant of the Director’s decision to refuse the
application.

Section: 12 Determination of application for renewal L.N. 60 of 2011 01/08/2011


(1) The Director must decide whether to grant or refuse an application for renewal of registration under this
Part.

(2) The Director may refuse an application if the Director is satisfied that the applicant has repeatedly
contravened this Ordinance in the period of 12 months immediately preceding the day on which the application was
made.

(3) The Director must give written notice to the applicant of the Director’s decision on the application.
(4) If the Director refuses an application, the notice must include the reasons for refusal.


Section: 13 Renewal of registration L.N. 60 of 2011 01/08/2011


(1) If the Director grants an application for renewal of registration under this Part, the Director must renew the
registration on payment of the renewal fee specified in Schedule 3.

(2) Renewal of registration—
(a) takes effect on the expiry of the current registration or at the time of renewal, whichever is later; and
(b) unless revoked earlier, has effect for a period of 3 years.

(3) Registration under this Part may be renewed more than once.

Section: 14 Revocation of registration L.N. 60 of 2011 01/08/2011


(1) The Director may revoke a person’s registration under this Part in respect of a business at the person’s
request.

(2) The Director may also revoke a person’s registration under this Part in respect of a business if the Director
is satisfied that—

(a) the person has repeatedly contravened this Ordinance in respect of that business in the previous 12
month period;

(b) in the case of a natural person, the person has died; or
(c) in the case of a business carried on by a corporation or partnership, the corporation has been wound up

or the partnership has been dissolved.
(3) The Director must not revoke a person’s registration under subsection (2)(a) unless the Director—

(a) gives written notice to the person of—
(i) the Director’s intention to revoke the registration; and
(ii) the grounds for revocation;

(b) permits the person to make written representations to the Director within the period specified in the
notice; and



Cap 612 - FOOD SAFETY ORDINANCE 6

(c) considers any representations made within that period by the person.
(4) If the Director revokes a person’s registration under subsection (2)(a), the Director must give written

notice to the person as soon as practicable, specifying—
(a) the reasons for the revocation; and
(b) the day on which the revocation takes effect.

(5) Revocation of registration takes effect—
(a) for revocation under subsection (1), on the day determined by the Director;
(b) for revocation under subsection (2), on the expiry of 30 days after the day on which the decision to

revoke the registration is made.

Part:
Division:

2
3

The Register L.N. 60 of 2011 01/08/2011





Section: 15 The register L.N. 60 of 2011 01/08/2011


(1) The Director must keep a register of registered food importers and registered food distributors.
(2) The register must contain, in relation to each registered food importer and registered food distributor—

(a) the name of the food importation business or food distribution business;
(b) the registration number;
(c) any change in the information referred to in paragraphs (a) and (b); and
(d) any other information the Director considers appropriate for the implementation of this Ordinance and

any change in that information.
(3) The register may be kept in a form the Director considers appropriate, including in a form other than a

documentary form as long as the information recorded under subsection (2) is capable of being reproduced in a legible
form.

(4) For the purpose of enabling members of the public to ascertain whether a person is registered under this
Part, the Director must make the register available for public inspection.

(5) At all reasonable times, a member of the public may—
(a) inspect the register without charge; and
(b) obtain a copy of an entry in or extract from the register on payment of the fee specified in Schedule 3.


Part:
Division:

2
4

Appeals in relation to Registration L.N. 60 of 2011 01/08/2011





Section: 16 Appeals to Municipal Services Appeals Board L.N. 60 of 2011 01/08/2011


(1) A person who is aggrieved by a decision of the Director under this Part may, within 28 days after becoming
aware of the decision, appeal to the Municipal Services Appeals Board against the decision.

(2) An appeal under this section does not suspend the decision unless the Director decides otherwise.

Part:
Division:

2
5

General L.N. 60 of 2011 01/08/2011





Section: 17 Updating of information L.N. 60 of 2011 01/08/2011


(1) A person who is a registered food importer or registered food distributor must give written notice to the
Director of any change in the information provided to the Director in, or in relation to, the person’s application for
registration or renewal of registration, within 30 days after the change occurs.

(2) A person commits an offence if the person—
(a) without reasonable excuse, fails to give notice to the Director under subsection (1);



Cap 612 - FOOD SAFETY ORDINANCE 7

(b) includes in a notice information that the person knows is false in a material particular; or
(c) recklessly includes in a notice information that is false in a material particular.

(3) A person who commits an offence under subsection (2) is liable to a fine at level 3 and to imprisonment for
3 months.

Section: 18 Obtaining information from certain Authorities L.N. 60 of 2011 01/08/2011


(1) The Director may request a specified Authority to provide any specified information held by the specified
Authority in relation to a specified authorization issued or granted by the specified Authority.

(2) A request under subsection (1) must be made in writing.
(3) A specified Authority must comply with a request of the Director under subsection (1).
(4) In this section—

“specified Authority” (指明當局), in relation to a specified authorization, means the person specified in column 3
of Schedule 1 opposite that authorization;

“specified authorization” (指明授權) means a licence, permit, permission or registration specified in column 2 of
Schedule 1;

“specified information” (指明資料) means information that a person to whom a specified authorization is issued
or granted would be required to provide to the Director in, or in relation to, an application for registration or
renewal of registration under this Part if the person were required to be so registered.


Section: 19 Obtaining information from persons who are not

registered
L.N. 60 of 2011 01/08/2011



(1) The Director may require a person who carries on a food importation business or a business that supplies
food in Hong Kong by wholesale but who is not registered under this Part in respect of that business to provide any
information that the person would be required to provide to the Director in, or in relation to, an application for
registration or renewal of registration under this Part if the person were required to be so registered.

(2) A requirement under subsection (1) must be made in writing.
(3) A person commits an offence if the person—

(a) without reasonable excuse, fails to comply with a requirement made under subsection (1); or
(b) in purported compliance with a requirement made under subsection (1)—

(i) provides information that the person knows is false in a material particular; or
(ii) recklessly provides information that is false in a material particular.

(4) A person who commits an offence under subsection (3) is liable to a fine at level 3 and to imprisonment for
3 months.

Section: 20 Providing false information in relation to registration or

renewal
L.N. 60 of 2011 01/08/2011



(1) A person commits an offence if in, or in relation to, an application for registration or renewal of registration
under this Part, the person—

(a) provides information or a document that the person knows is false in a material particular; or
(b) recklessly provides information or a document that is false in a material particular.

(2) A person who commits an offence under subsection (1) is liable to a fine at level 3 and to imprisonment for
3 months.

Part: 3 Keeping Records relating to Food 5 of 2011; L.N.

60 of 2011
01/02/2012







Cap 612 - FOOD SAFETY ORDINANCE 8

Part:
Division:

3
1

Acquisition and Capture Records 5 of 2011; L.N.
60 of 2011

01/02/2012





Section: 21 Record of local acquisition of food 5 of 2011; L.N.
60 of 2011

01/02/2012



(1) A person who, in the course of business, acquires food in Hong Kong must record the following information
about the acquisition of the food—
(a) the date the food was acquired;
(b) the name and contact details of the person from whom the food was acquired;
(c) the total quantity of the food;
(d) a description of the food.

(2) A record must be made under this section within 72 hours after the time the food was acquired.
(3) For the purposes of this section, food is acquired when the person acquiring it takes possession or control of the

food.
(4) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under

section 29.
(5) A person commits an offence if the person—

(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.

(6) A person who commits an offence under subsection (5) is liable to a fine at level 3 and to imprisonment for 3
months.


Section: 22 Record of acquisition of imported food 5 of 2011; L.N.

60 of 2011
01/02/2012



(1) A person who, in the course of business, imports food must record the following information about the
acquisition of the food—
(a) the date the food was acquired;
(b) the name and contact details of the person from whom the food was acquired;
(c) the place from where the food was imported;
(d) the total quantity of the food;
(e) a description of the food.

(2) A record must be made under this section at or before the time the food is imported.
(3) For the purposes of this section, food is acquired when the person acquiring it takes possession or control of the

food.
(4) This section does not apply—

(a) to a person who is exempted, or is in a class of persons that is exempted, under section 29;
(b) to an acquisition of food that is imported solely for the purpose of exporting it, if—

(i) the food is air transhipment cargo; or
(ii) during the period between import and export, the food remains in the vessel, vehicle or aircraft in

which it was imported; or
(c) to an acquisition of food that is imported solely in the course of business of a food transport operator.

(5) A person commits an offence if the person—
(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.

(6) A person who commits an offence under subsection (5) is liable to a fine at level 3 and to imprisonment for 3
months.





Cap 612 - FOOD SAFETY ORDINANCE 9

Section: 23 Capture of local aquatic products 5 of 2011; L.N.
60 of 2011

01/02/2012



(1) 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.

(2) A record must be made under this section at or before the time the supply takes place.
(3) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under

section 29.
(4) A person commits an offence if the person—

(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.

(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3
months.


Part:
Division:

3
2

Supply Records 5 of 2011; L.N.
60 of 2011

01/02/2012





Section: 24 Record of wholesale supply of food 5 of 2011; L.N.
60 of 2011

01/02/2012



(1) A person who, in the course of business, supplies food in Hong Kong by wholesale must record the following
information about the supply—
(a) the date the food was supplied;
(b) the name and contact details of the person to whom the food was supplied;
(c) the total quantity of the food;
(d) a description of the food.

(2) A record must be made under this section within 72 hours after the time the supply took place.
(3) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under

section 29.
(4) A person commits an offence if the person—

(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.

(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3
months.


Section: 25 Defence for retailers 5 of 2011; L.N.

60 of 2011
01/02/2012



(1) It is a defence for a person charged with an offence under section 24(4)(a) in relation to a supply of food to show
that—
(a) the person’s normal business is the supply of food by retail; and
(b) it was reasonable for the person to assume that the supply was not a wholesale supply.

(2) In this section—
“retail” (零售) means the supply of food to a person who obtains it other than for the purpose of wholesale.




Cap 612 - FOOD SAFETY ORDINANCE 10

Part:
Division:

3
3

Duration of Keeping Records and their Inspection 5 of 2011; L.N.
60 of 2011

01/02/2012





Section: 26 Duration of keeping records 5 of 2011; L.N.
60 of 2011

01/02/2012



(1) A person must keep a record made under this Part (other than a record relating to live aquatic products) for the
period specified in the following table—


Column 1 Column 2


Shelf-life of food Period for which record must be kept


3 months or less 3 months after the date the food was acquired, captured or supplied

Greater than 3 months 24 months after the date the food was acquired, captured or supplied

(2) A person must keep a record made under this Part relating to live aquatic products for a period of 3 months after

the date the products were acquired, captured or supplied.
(3) A person who, without reasonable excuse, fails to keep a record for the period specified in subsection (1) or (2)

commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months.
(4) In this section—
“shelf-life” (保質期), in relation to food, means the period during which the food maintains its microbiological

safety and sensory qualities at a specific storage temperature as determined by the supplier of the food.

Section: 27 Inspection of records 5 of 2011; L.N.

60 of 2011
01/02/2012



(1) A person must produce for inspection any record required to be kept by the person under this Part when required
to do so by the Director or an authorized officer.

(2) The Director or authorized officer may make a copy of or take an extract from a record produced by the person.
(3) The person must provide any assistance reasonably required by the Director or authorized officer to understand

or interpret a record produced by the person.
(4) A person who, without reasonable excuse, contravenes subsection (1) or (3) commits an offence and is liable to a

fine at level 3 and to imprisonment for 3 months.

Section: 28 Use and disclosure of records by Director 5 of 2011; L.N.

60 of 2011
01/02/2012



(1) The Director may use a record produced under section 27, or any information contained in the record, for the
purpose of exercising powers or performing functions under this Ordinance.

(2) The Director may disclose to the public any information contained in a record produced under section 27 if the
Director is satisfied that public disclosure of the information is necessary for the protection of public health.


Part:
Division:

3
4

Exemptions 5 of 2011; L.N.
60 of 2011

01/02/2012





Section: 29 Exemptions by Director 5 of 2011; L.N.
60 of 2011

01/02/2012



(1) The Director may in writing exempt a person from the requirement to keep a record under this Part.
(2) An exemption under subsection (1) may be granted subject to any conditions the Director considers appropriate.



Cap 612 - FOOD SAFETY ORDINANCE 11

(3) The Director may withdraw an exemption granted under subsection (1) on the ground that the conditions of the
exemption have not been complied with.

(4) The Director may, by notice published in the Gazette, exempt a class of persons from the requirement to keep a
record under this Part.


Part: 4 Food Safety Orders L.N. 60 of 2011 01/08/2011




Section: 30 Food safety orders L.N. 60 of 2011 01/08/2011


(1) The Director may make an order to do any one or more of the following—
(a) prohibit the import of any food for the period specified in the order;
(b) prohibit the supply of any food for the period specified in the order;
(c) direct that any food supplied be recalled and specify the manner in which, and the period within which,

the recall is to be conducted;
(d) direct that any food be impounded, isolated, destroyed or otherwise disposed of and specify the manner

in which, and the period within which, the impounding, isolation, destruction or disposal is to be
conducted;

(e) prohibit the carrying on of an activity in relation to any food, or permit the carrying on of any such
activity in accordance with conditions specified in the order, for the period specified in the order.

(2) The Director may only make a food safety order if the Director has reasonable grounds at the time of
making the order to believe that the making of the order is necessary—

(a) to prevent or reduce a possibility of danger to public health; or
(b) to mitigate any adverse consequence of a danger to public health.

(3) In determining whether there are reasonable grounds under subsection (2), the Director may, in so far as is
practicable and reasonable, take into account all factors relevant to the circumstances of the case that the Director
considers appropriate, including but not limited to the following—

(a) information obtained from any importer or supplier of the food;
(b) information, reports or testing results obtained from a public analyst;
(c) information (including reports, alerts, warnings and advisories) obtained from any international food or

health authority or the food or health authority of any place;
(d) the time required for obtaining reports or testing results from a public analyst;
(e) characteristics of any hazard in the food, the level of the hazard in the food, consumption pattern of the

food and the exposure of the general public and vulnerable groups to the food;
(f) any statutory requirement relating to the food;
(g) information on the source and extent of the hazard, in particular on whether the hazard exists

throughout or in any part of the manufacture or supply chain or is limited to a particular batch of food.
(4) A food safety order must specify—

(a) the person, persons or class of persons intended to be bound by the order;
(b) particulars of the food that is the subject of the order;
(c) the reason for making the order and the principal factors that led to the making of the order;
(d) the prohibition or action required, as the case may be, and conditions (if any) under the order;
(e) the period referred to in subsection (1)(a), (b), (c), (d) or (e), as the case may be; and
(f) the provision under which the order is made and the consequences of a contravention of any term of

the order.
(5) The Director may, in the same manner as a food safety order was made, vary or revoke the order, and

section 31 applies, with the necessary modifications, in relation to the variation or revocation of a food safety order
under this subsection as it applies in relation to a food safety order.

(6) A food safety order is not subsidiary legislation.
(7) In this section—

“hazard” (危害) means a biological, chemical or physical agent in, or condition of, food with the potential to cause
an adverse health effect;

“public analyst” (政府分析員) has the meaning given by section 2(1) of the Public Health and Municipal Services
Ordinance (Cap 132).



Cap 612 - FOOD SAFETY ORDINANCE 12


Section: 31 Manner of making food safety orders, service and

publication
L.N. 60 of 2011 01/08/2011



(1) A food safety order must be in writing and may be addressed to—
(a) a particular person or particular persons;
(b) a class of persons; or
(c) all persons.

(2) A food safety order addressed to a particular person or particular persons—
(a) must be served on that person, or each of those persons; and
(b) takes effect in relation to a person when it is served on that person.

(3) A food safety order addressed to a class of persons or all persons—
(a) must be published in the Gazette; and
(b) takes effect at the time specified in the order.

(4) A food safety order is binding on the person or persons to whom it is addressed.

Section: 32 Contravention of food safety orders L.N. 60 of 2011 01/08/2011


(1) A person bound by a food safety order who contravenes a term of the order commits an offence and is liable
to a fine at level 6 and to imprisonment for 12 months.

(2) It is not a defence for the person to show that the food concerned is the subject of a licence, permit or any
other form of authorization issued or granted under this or any other Ordinance.

Section: 33 Actions taken in relation to food safety orders and

provision of samples
L.N. 60 of 2011 01/08/2011



(1) The Director may serve on a person bound by a food safety order a notice requiring the person (at the time
or times, or within the period, specified in the notice) to—

(a) inform the Director of the actions taken by the person in relation to the order; or
(b) provide to the Director samples of the food that is the subject of the order, in the quantity specified in

the notice, for analysis, or for bacteriological or other examination.
(2) If a sample of food is provided to the Director in compliance with a notice under subsection (1)(b), the

Director must pay to the person appearing to have the lawful custody of the food the market price of the sample or, if
the market price is unknown or not readily ascertainable, a reasonable price.

(3) A person on whom a notice has been served under subsection (1) commits an offence if the person—
(a) fails to comply with the notice; or
(b) in purported compliance with the notice—

(i) provides information that the person knows is false in a material particular; or
(ii) recklessly provides information that is false in a material particular.

(4) A person who commits an offence under subsection (3) is liable to a fine at level 3 and to imprisonment for
3 months.

Section: 34 Power to obtain information or copies of documents L.N. 60 of 2011 01/08/2011


(1) If the Director has reasonable grounds to believe that a person possesses any information or document that
may assist the Director in deciding whether to make, vary or revoke a food safety order, the Director may serve on the
person a notice requiring the person to—

(a) provide the information specified in the notice within the period specified in the notice; or
(b) produce the document specified in the notice at the time and place specified in the notice and permit an

authorized officer to make copies of the document at that time and place.
(2) A person on whom a notice has been served under subsection (1) commits an offence if the person—

(a) fails to comply with the notice; or
(b) in purported compliance with the notice—



Cap 612 - FOOD SAFETY ORDINANCE 13

(i) provides information or produces a document that the person knows is false in a material
particular; or

(ii) recklessly provides information or produces a document that is false in a material particular.
(3) A person who commits an offence under subsection (2) is liable to a fine at level 3 and to imprisonment for

3 months.

Section: 35 Appeals to Municipal Services Appeals Board L.N. 60 of 2011 01/08/2011


(1) A person bound by a food safety order who is aggrieved by the order may, within 28 days after becoming
bound by the order, appeal to the Municipal Services Appeals Board against the order as originally made.

(2) A person bound by a food safety order who is aggrieved by a variation of the order under section 30(5)
may, within 28 days after becoming bound by the variation, appeal to the Municipal Services Appeals Board against
the order as so varied.

(3) In the case of an appeal against a food safety order addressed as referred to in section 31(1)(b) or (c), if the
Municipal Services Appeals Board Ordinance (Cap 220) authorizes or requires any document to be served or any
notice to be given to the persons bound by the order, the document may be served or the notice may be given by—

(a) publication in the Gazette; or
(b) any other means specified by the Chairman of the Municipal Services Appeals Board by notice in

writing signed by the Chairman.
(4) An appeal under this section does not suspend the food safety order unless the Director decides otherwise.



Section: 36 Compensation L.N. 60 of 2011 01/08/2011


(1) A person bound by a food safety order may apply for an amount of compensation, recoverable as a civil
debt due from the Government, that is just and equitable in all the circumstances of the case, for any loss of a kind set
out in subsection (3).

(2) The person is entitled to compensation only if the person proves that—
(a) the Director did not have reasonable grounds to make the order at the time of making the order or to

vary the order at the time of a variation of the order; and
(b) the person has suffered the relevant loss.

(3) The losses referred to in subsection (1) are the following losses arising as a direct result of compliance with
the food safety order or as a direct result of the exercise of a power under section 37(1) in relation to the food safety
order—

(a) total or partial loss of the food that is the subject of the order and that—
(i) has been destroyed or otherwise disposed of;
(ii) is no longer fit for human consumption; or
(iii) is depreciated in value;

(b) costs or expenditure actually and directly incurred.
(4) The amount of compensation recoverable—

(a) in relation to a loss of a kind set out in subsection (3)(a), must not exceed the market value of the food
immediately before the time of making the food safety order or immediately before the time of the
variation, as the case may be; and

(b) in relation to a loss of a kind set out in subsection (3)(b), must not exceed the actual amount of the
costs or expenditure incurred.

(5) An application under subsection (1) may be made—
(a) to the Small Claims Tribunal, for claims up to the maximum jurisdiction of the Tribunal; or
(b) to the District Court, irrespective of the amount claimed.


Section: 37 Seizure, marking or destruction of food L.N. 60 of 2011 01/08/2011


(1) If it appears to an authorized officer that a term of a food safety order has been contravened by a person
bound by the order in respect of any food, the officer may—

(a) seize and remove from the person any of the food or any package in which it is contained;



Cap 612 - FOOD SAFETY ORDINANCE 14

(b) affix to any of the food that is in the person’s possession a mark, seal or other designation; or
(c) destroy or otherwise dispose of any of the food that is in the person’s possession or cause it to be

destroyed or otherwise disposed of.
(2) The Director may, in a court of competent jurisdiction, recover from a person referred to in subsection (1)

any reasonable costs incurred under subsection (1)(a), (b) or (c) as if those costs were a debt due to the Director from
that person.

(3) Before an authorized officer destroys or otherwise disposes of any food or causes any food to be destroyed
or otherwise disposed of under subsection (1)(c), the authorized officer must record a description and other details that
are sufficient to identify the food.

(4) The Director must keep a record made under subsection (3) for a period of not less than 12 months.
(5) If a court convicts a person of an offence under this Part, the court may order that any one or more of the

following is forfeited—
(a) any food to which the conviction relates;
(b) any similar food found on the person’s premises or in the person’s possession at the time of the

commission of the offence or of the seizure of the food to which the conviction relates;
(c) any package in which food referred to in paragraph (a) or (b) is contained.

(6) Any food or package forfeited under subsection (5) may be disposed of in the manner specified by the
Director.

Section: 38 Offence to tamper with mark, seal or other designation L.N. 60 of 2011 01/08/2011


(1) A person commits an offence if the person, with intent to deceive another person, removes, alters or
obliterates a mark, seal or other designation affixed under section 37(1)(b).

(2) A person who commits an offence under subsection (1) is liable to a fine at level 5 and to imprisonment for
6 months.

Part: 5 Administration and Enforcement L.N. 60 of 2011 01/08/2011




Part:
Division:

5
1

Administration L.N. 60 of 2011 01/08/2011





Section: 39 Authorization of public officers L.N. 60 of 2011 01/08/2011


(1) The Director may authorize a public officer to be an authorized officer for the purposes of this Ordinance.
(2) An authorization—

(a) must be in writing; and
(b) may be given in relation to specified provisions of this Ordinance or in relation to this Ordinance

generally.

Section: 40 Delegation by Director L.N. 60 of 2011 01/08/2011


The Director may in writing delegate any function or power of the Director under this Ordinance to a public
officer or class of public officers.

Section: 41 Confidentiality L.N. 60 of 2011 01/08/2011


(1) Except as provided by subsection (2), a public officer must not disclose or give to another person any
information concerning a trade, business or manufacturing secret that has come to the knowledge of, or into the
possession of, the public officer in the course of the public officer’s exercise of powers or performance of functions
under this Ordinance.

(2) A public officer may disclose or give to another person information referred to in subsection (1)—



Cap 612 - FOOD SAFETY ORDINANCE 15

(a) in the public officer’s exercise of powers or performance of functions under this Ordinance;
(b) under an order of a court under subsection (3); or
(c) with the consent in writing of all persons who appear to the public officer, after reasonable inquiry, to

be interested in the confidentiality of the information.
(3) If in any proceedings a court considers that the justice of the case so requires, the court may order the

disclosure of information referred to in subsection (1).
(4) A public officer who contravenes subsection (1) commits an offence and is liable to a fine at level 5 and to

imprisonment for 6 months.
(5) It is a defence for a public officer charged with an offence under this section to show that at the time of the

alleged offence the defendant—
(a) believed that there was lawful authority for the defendant to disclose or give the information to the

other person and the defendant had no reasonable cause to believe otherwise; or
(b) did not know and had no reasonable cause to believe that the information disclosed or given was

information referred to in subsection (1).

Section: 42 Protection of public officers L.N. 60 of 2011 01/08/2011


(1) A public officer is not personally liable for anything done or omitted to be done by the public officer in
good faith in the exercise of a power or performance of a function or purported exercise of a power or purported
performance of a function under this Ordinance.

(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or
omission.

Part:
Division:

5
2

Codes of Practice L.N. 60 of 2011 01/08/2011





Section: 43 Codes of practice L.N. 60 of 2011 01/08/2011


(1) The Director may issue any code of practice that in the Director’s opinion is suitable for providing
practical guidance in respect of this Ordinance.

(2) If a code of practice is issued under subsection (1), the Director must, by notice published in the Gazette—
(a) identify the code;
(b) specify the date on which the code is to take effect; and
(c) specify for which of the provisions of this Ordinance the code is issued.

(3) The Director may from time to time revise the whole or any part of a code of practice issued under
subsection (1).

(4) Subsection (2) applies, with the necessary modifications, in relation to any revision made under subsection
(3) as it applies in relation to the issue of a code of practice.

(5) The Director may at any time revoke a code of practice issued under subsection (1).
(6) If a code of practice is revoked under subsection (5), the Director must, by notice published in the Gazette

—
(a) identify the code; and
(b) specify the date on which the revocation is to take effect.


Section: 44 Use of codes of practice in legal proceedings L.N. 60 of 2011 01/08/2011


(1) A failure by a person to observe a provision of a code of practice does not of itself render the person liable
to any civil or criminal proceedings.

(2) However, if in any legal proceedings the court is satisfied that a provision of a code of practice is relevant
to determining a matter that is in issue in the proceedings—

(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened, or did not contravene, the provision may be relied on by any party

to the proceedings as tending to establish or negate that matter.



Cap 612 - FOOD SAFETY ORDINANCE 16

(3) In any legal proceedings, a code of practice that appears to the court to be the subject of a notice under
section 43 is to be taken to be the subject of that notice in the absence of evidence to the contrary.

(4) In this section—
“code of practice” (實務守則) means a code of practice issued under section 43 as revised from time to time under

section 43(3);
“court” (法院) means—

(a) a court as defined by section 3 of the Interpretation and General Clauses Ordinance (Cap 1);
(b) a magistrate; or
(c) the Municipal Services Appeals Board;

“legal proceedings” (法律程序) includes proceedings of the Municipal Services Appeals Board on an appeal under
this Ordinance.


Part:
Division:

5
3

Enforcement L.N. 60 of 2011 01/08/2011





Section: 45 Power to obtain information L.N. 60 of 2011 01/08/2011


(1) This section applies if the Director—
(a) has reasonable grounds to suspect that a provision of this Ordinance has been contravened; and
(b) has reasonable grounds to believe that a person has information or a document relating to the

contravention.
(2) The Director may serve on the person a notice requiring the person—

(a) to provide, within the period specified in the notice, information of a kind specified in the notice; or
(b) to produce, at the time and place specified in the notice, any document in the person’s possession or

control of a kind specified in the notice.
(3) Without limiting subsection (2), the kinds of information or documents that may be specified in a notice

under that subsection include—
(a) information or documents indicating whether or not a person is a food importer or food distributor;
(b) information or documents relating to any transaction relating to food;
(c) information or documents relating to—

(i) any information contained, or required to be contained, in an application for registration or
renewal of registration under Part 2;

(ii) any documents accompanying, or required to accompany, such an application; or
(iii) any other information or documents provided, or required to be provided, in relation to such an

application.
(4) A person on whom a notice has been served under subsection (2) commits an offence if the person—

(a) without reasonable excuse, fails to comply with the notice; or
(b) in purported compliance with the notice—

(i) provides information or produces a document that the person knows is false in a material
particular; or

(ii) recklessly provides information or produces a document that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for

3 months.

Section: 46 General power of entry L.N. 60 of 2011 01/08/2011


(1) An authorized officer may enter any premises or vessel used for business purposes at any time during which
business is carried on, for the purpose of—

(a) the enforcement of this Ordinance; or
(b) the exercise of any power or the performance of any function of the authorized officer or the Director

under this Ordinance.
(2) On entry, the authorized officer must produce evidence of his or her written authorization under section 39,



Cap 612 - FOOD SAFETY ORDINANCE 17

if so required.

Section: 47 Entry under warrant L.N. 60 of 2011 01/08/2011


(1) A magistrate may, by warrant, authorize an authorized officer to enter, by force if necessary, any premises
or vessel referred to in section 46(1) for a purpose referred to in that section if the magistrate is satisfied on sworn
information in writing that—

(a) admission to the premises or vessel has been refused or refusal is apprehended; and
(b) there is reasonable ground for entry to the premises or vessel for a purpose referred to in section 46(1).

(2) A warrant must be in the form specified in Schedule 4.
(3) A warrant continues in force until the purpose for which the entry is necessary has been satisfied.


Section: 48 Assistance for authorized officers on entry L.N. 60 of 2011 01/08/2011


An authorized officer entering premises or a vessel under section 46 or 47 may be accompanied by any persons
the authorized officer considers necessary.

Section: 49 Power of arrest in certain cases L.N. 60 of 2011 01/08/2011


(1) If an authorized officer reasonably suspects that a person has committed or is committing an offence under
an enactment specified in Schedule 5, the authorized officer may arrest the person without a warrant.

(2) If a person forcibly resists the attempt of an authorized officer to arrest him or her or attempts to evade
arrest, the authorized officer may use all reasonable means necessary to make the arrest.

(3) If an authorized officer arrests a person under this section, the authorized officer must immediately take the
person to the nearest police station or hand the person over to the custody of a police officer, to be dealt with in
accordance with the Police Force Ordinance (Cap 232).

Section: 50 Disposal of certain property L.N. 60 of 2011 01/08/2011


(1) If the Director or an authorized officer comes into possession of any property under this Ordinance, section
102 of the Criminal Procedure Ordinance (Cap 221) applies as if—

(a) the Director or authorized officer were the police within the meaning of that section; and
(b) the property were property that had come into the possession of the police in connection with an

offence.
(2) Subsection (1) does not apply if the manner of disposal of the property is provided for by another provision

of this Ordinance.

Part:
Division:

5
4

Offences L.N. 60 of 2011 01/08/2011





Section: 51 Offences committed by bodies corporate L.N. 60 of 2011 01/08/2011


(1) If an offence under this Ordinance by a body corporate is proved to have been committed with the consent
or connivance of an officer of the body corporate, the officer also commits the offence and is liable to be proceeded
against and punished accordingly.

(2) In this section—
“officer” (人員), of a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body corporate;
(b) a person purporting to act in the capacity of a person referred to in paragraph (a); or
(c) if the affairs of the body corporate are managed by its members, a member of the body corporate who

is concerned in the management of the body corporate.




Cap 612 - FOOD SAFETY ORDINANCE 18

Section: 52 Liability of employers and principals L.N. 60 of 2011 01/08/2011


(1) An act done or omission made by an employee in the course of employment is to be treated for the purposes
of this Ordinance as done or made by the employer, as well as by the employee.

(2) An act done or omission made by an agent of another person with the authority (whether express or implied
and whether precedent or subsequent) of that other person is to be treated for the purposes of this Ordinance as done or
made by that other person, as well as by the agent.

(3) In a proceeding for an offence under section 4, 5, 21(5)(a), 22(5)(a), 23(4)(a), 24(4)(a), 26(3) or 32(1)
brought against a person in respect of an act or omission alleged to have been done or made by an employee or agent
of the person, the person is liable to be convicted of and be punished for that offence unless the person establishes the
defence described in subsection (4).

(4) If a proceeding is brought against a person by virtue of subsection (3), it is a defence for the person to show
that the person exercised all due diligence to prevent the employee or agent from—

(a) doing the act or making the omission; or
(b) doing an act or making an omission of that description in the course of the employee’s employment

or the agent’s authority.

Section: 53 Defence for employees L.N. 60 of 2011 01/08/2011


It is a defence for an employee charged with an offence under this Ordinance to show that—
(a) the act or omission of the employee was done or made in the course of the employee’s employment

and under instructions given by the employer in the course of that employment; and
(b) the employee was not, at the relevant time, in a position to make or influence a decision regarding that

act or omission.

Section: 54 Obstruction of persons performing official functions etc. L.N. 60 of 2011 01/08/2011


(1) A person who wilfully obstructs, resists or uses abusive language to a person who is performing functions
under this Ordinance, or under an order made or warrant issued under this Ordinance, commits an offence and is liable
to a fine at level 4 and to imprisonment for 6 months.

(2) Subsection (1) does not apply if the conduct constitutes an offence against another provision of this
Ordinance.

Section: 55 Proceedings against several persons L.N. 60 of 2011 01/08/2011


(1) If proceedings under this Ordinance are competent against several persons in respect of their joint act or
default, any one or more of them may be proceeded against without proceeding against the others.

(2) If an offence consists of a failure to comply with a notice served by a public officer under this Ordinance
and a similar notice was served on several persons in respect of the same matter—

(a) any one or more of the persons may be proceeded against without proceeding against the others; and
(b) if more than one person is proceeded against, the court may treat them as if they were joint offenders.


Section: 56 Time limit for prosecutions L.N. 60 of 2011 01/08/2011


Despite section 26 of the Magistrates Ordinance (Cap 227), a complaint may be made or an information laid in
respect of an offence under this Ordinance within 6 months after the offence is discovered by, or comes to the notice
of, the Director.

Part: 6 General L.N. 60 of 2011 01/08/2011






Cap 612 - FOOD SAFETY ORDINANCE 19

Section: 57 Method of giving or serving notice L.N. 60 of 2011 01/08/2011


The Director may give a notice or other document to a person, or serve a notice or other document on a person,
under this Ordinance—

(a) by delivering it to the person;
(b) by sending it by registered post addressed to the last known place of business or residence of the

person; or
(c) by leaving it with an adult occupier of that place or posting it in a prominent position at that place.


Section: 58 Amendment of Schedules L.N. 60 of 2011 01/08/2011


(1) The Secretary may, by notice published in the Gazette, amend Schedule 1, 3 or 4.
(2) The Director may, by notice published in the Gazette, amend Schedule 2.
(3) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 5.


Section: 59 Regulations L.N. 60 of 2011 01/08/2011


(1) The Secretary may make regulations—
(a) providing for any matters that are necessary for giving full effect to the purposes and provisions of this

Ordinance;
(b) prohibiting, restricting or regulating the importation of food of a specified class; and
(c) generally for the better carrying out of the purposes and provisions of this Ordinance.

(2) Regulations made under subsection (1) may—
(a) make different provisions for different circumstances and provide for a particular case or class of

cases;
(b) be made so as to apply only in the circumstances prescribed by the regulations;
(c) specify forms for the purposes of the regulations; and
(d) prescribe offences for contraventions of the regulations, punishable by a fine, imprisonment or both.

(3) The maximum fine that may be prescribed for an offence is level 6 and the maximum imprisonment is 6
months. In addition, in the case of a continuing offence, a further fine not exceeding $1500 for each day during which
the offence continues may be prescribed.

(4) Regulations made under subsection (1) may—
(a) empower a health officer to—

(i) permit the importation of food of a specified class subject to any conditions the health officer
may specify;

(ii) require imported food of a specified class to be submitted or made available for inspection by a
health inspector;

(iii) impose any conditions or issue any directions with regard to imported food of a specified class as
may appear to the health officer desirable for the purpose of ensuring that the food is sound,
wholesome or fit for human consumption; and

(b) prohibit the contravention of any condition, requirement or direction referred to in paragraph (a).
(5) In this section—

“health inspector” (衞生督察) has the meaning given by section 2(1) of the Public Health and Municipal Services
Ordinance (Cap 132);

“health officer” (衞生主任) has the meaning given by section 2(1) of the Public Health and Municipal Services
Ordinance (Cap 132).


Section: 60 Transitional provision—registration before

commencement of Division 1 of Part 2
L.N. 60 of 2011 01/08/2011



Despite section 9(3), if a food importer or food distributor is registered under Part 2 before the date on which
Division 1 of that Part commences, the registration has effect, unless revoked earlier, for the period ending 3 years
after that date.



Cap 612 - FOOD SAFETY ORDINANCE 20


Section: 61 Transitional provision—orders under section 78B of the

Public Health and Municipal Services Ordinance
L.N. 60 of 2011 01/08/2011



An order in force under section 78B of the Public Health and Municipal Services Ordinance (Cap 132)
immediately before the date on which section 68 of this Ordinance commences remains in force on and after that date
in accordance with its terms as if it were a food safety order and may be varied or revoked accordingly.

Section: 62 Transitional provision—record keeping requirements L.N. 60 of 2011 01/08/2011


(1) Section 21 applies to food that is acquired on or after the date on which that section commences.
(2) Section 22 applies to food that is imported on or after the date on which that section commences whether

the food was acquired before, on or after that date.
(3) Section 23 applies to local aquatic products that are supplied on or after the date on which that section

commences whether the local aquatic products were captured before, on or after that date.
(4) Section 24 applies to food that is supplied by wholesale on or after the date on which that section

commences.

Section: 63 Transitional provision—ice-making factories L.N. 60 of 2011 01/08/2011


During the period of 6 months beginning on the date on which section 64(2) commences, a person does not
commit an offence under section 35 of the Food Business Regulation (Cap 132 sub. leg. X) for a contravention of
section 31(1) of that Regulation only because the person carries on, or causes, permits or suffers to be carried on, a
business that manufactures or prepares ice, otherwise than under and in accordance with a licence granted under that
Regulation.

Part: 7 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Part:
Division:

7
1

(Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014





Section: 64 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 65 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 66 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 67 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 68 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 69 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014






Cap 612 - FOOD SAFETY ORDINANCE 21

Section: 70 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 71 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 72 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 73 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Part:
Division:

7
2

(Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014





Section: 74 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Schedule: 1 Persons not Required to be Registered under Part 2 E.R. 2 of 2014 10/04/2014


[sections 4, 5, 18 & 58]


Column 1 Column 2 Column 3 Column 4






Item





Authorization





Authority

Person not
required to be

registered under
Part 2


1. A permission under

section 30 of the
Food Business
Regulation (Cap
132 sub. leg. X)

Director of Food
and Environmental
Hygiene

The holder of the
permission


2. A licence under Part

IV of the Food
Business Regulation
(Cap 132 sub. leg.
X)

Director of Food
and Environmental
Hygiene

The licensee


3. A licence under Part

3 of the Frozen
Confections
Regulation (Cap
132 sub. leg. AC)

Director of Food
and Environmental
Hygiene


The licensee


4. A licence under Part

2 of the Hawker
Regulation (Cap
132 sub. leg. AI)

Director of Food
and Environmental
Hygiene

The licensee


5. A licence under Part Director of Food The licensee



Cap 612 - FOOD SAFETY ORDINANCE 22

3 of the Milk
Regulation (Cap
132 sub. leg. AQ)

and Environmental
Hygiene


6. A licence under the

Offensive Trades
Regulation (Cap
132 sub. leg. AX)

Director of Food
and Environmental
Hygiene

The licensee


7. A licence under Part

II of the
Slaughterhouses
Regulation (Cap
132 sub. leg. BU)

Director of Food
and Environmental
Hygiene

The licensee


8. Registration as a

stockholder of a
reserved commodity
under regulation 13
of the Reserved
Commodities
(Control of Imports,
Exports and Reserve
Stocks) Regulations
(Cap 296 sub. leg.
A)

Director-General of
Trade and Industry

The registered
stockholder


9. A licence under

section 8 or a permit
under section 14 of
the Marine Fish
Culture Ordinance
(Cap 353)

Director of
Agriculture,
Fisheries and
Conservation

The licensee or
permittee


10. A licence under the

Merchant Shipping
(Local Vessels)
(Certification and
Licensing)
Regulation (Cap
548 sub. leg. D) in
respect of a Class
III vessel (within the
meaning of that
Regulation)

Director of Marine The certificated
owner (within the
meaning of the
Merchant Shipping
(Local Vessels)
(Certification and
Licensing)
Regulation (Cap
548 sub. leg. D))
of the vessel

(Amended E.R. 1 of 2013; E.R. 2 of 2014)

Schedule: 2 Main Food Categories and Food Classifications L.N. 60 of 2011 01/08/2011


[sections 7 & 58]

Column 1 Column 2 Column 3


Item Main food category Food classification





Cap 612 - FOOD SAFETY ORDINANCE 23

1. Cereal and grain products (other
than bakery products and snack
food)

(a) Cereals, rice, wheat
(b) Pasta, noodles
(c) Flour, starch, substitute flour
(d) Breakfast cereal and other cereal products


2. Fruit and vegetables (other than
snack food, juices and Chinese
herbs)

(a) Fruit
(b) Fruit products
(c) Vegetables, including mushrooms, fungi and seaweed
(d) Vegetable products, including mushroom, fungi and

seaweed products
(e) Nuts and seeds
(f) Nut and seed products
(g) Beans
(h) Bean products


3. Sashimi, sushi and ready-to-eat
raw oysters

(a) Sashimi
(b) Sushi
(c) Ready-to-eat raw oysters


4. Aquatic products (other than snack
food, sashimi and ready-to-eat
raw oysters)

(a) Wild-caught coral reef fish (live and unprocessed)
(b) Other marine fish (live and unprocessed)
(c) Freshwater fish (live and unprocessed)
(d) Crustaceans, molluscs (live and unprocessed)
(e) Puffer fish (processed and unprocessed)
(f) Other edible aquatic products (live and unprocessed)
(g) Dried seafood
(h) Other processed aquatic products


5. Meat and meat products, (other
than snack food and sashimi)

(a) Frozen, chilled, fresh game (unprocessed)
(b) Frozen, chilled, fresh meat (unprocessed)
(c) Frozen, chilled, fresh poultry (unprocessed)
(d) Processed game products
(e) Processed meat products
(f) Processed poultry products


6. Eggs and egg products (a) Chicken eggs
(b) Duck eggs, goose eggs, quail eggs and other poultry

eggs
(c) Egg products


7. Milk and dairy products (other
than infant/follow-up/growing-up
formula)

(a) Milk and milk beverages
(b) Cream, cheese, butter
(c) Condensed milk, evaporated milk, filled milk products
(d) Dried milk
(e) Other dairy products


8. Frozen confections Ice cream, popsicles, frozen yogurt and others


9. Fat and oil (a) Animal fat and oil, vegetable fat and oil, other fat and
oil

(b) Salad dressing


10. Beverages (other than milk and
dairy products)

(a) Soft drink and other carbonated drinks
(b) Fresh fruit and vegetable juice, fruit and vegetable

juice drink



Cap 612 - FOOD SAFETY ORDINANCE 24

(c) Coffee beans, tea leaves, instant drink mixes
(d) Bottled water and edible ice
(e) Other non-alcoholic beverages
(f) Beer and ales
(g) Other alcoholic beverages


11. Sugars and sweets (a) Sugars, frostings, toppings, dessert sauces
(b) Sweeteners
(c) Honey, molasses, syrups
(d) Jams/preserves, jellies
(e) Candy, chocolate, chewing gum


12. Dim sum, Chinese pastry, mixed
dishes, desserts, bakery products
and snack food (other than candy,
chocolate and chewing gum)

(a) Dim sum, Chinese pastry
(b) Mixed dishes
(c) Desserts, bakery products
(d) Snack food (puffer fish products)
(e) Snack food (others)


13. Salts, condiments and sauces, herbs
and spices

(a) Vinegar, gravy, savoury sauces, including soya sauces,
oyster sauces

(b) Salts, condiments
(c) Herbs and spices


14. Chinese herbs and their products (a) Chinese herbs
(b) Chinese herb products


15. Infant/follow-up/growing-up
formula and baby food

(a) Infant/follow-up/growing-up formula (for babies up to
36 months)

(b) Other baby food


16. Miscellaneous Miscellaneous



Schedule: 3 Fees L.N. 60 of 2011 01/08/2011


[sections 9, 13, 15 & 58]

Column 1 Column 2 Column 3 Column 4


Item Section Description Fee


1. 9(1) Fee for registration under Part 2 $195


2. 13(1) Fee for renewal of registration under Part 2 $180


3. 15(5)(b) Fee for copy of entry in or extract from
register

$1 per page (copies
made on both sides
of a sheet count as 2
pages)







Cap 612 - FOOD SAFETY ORDINANCE 25

Schedule: 4 Form of Warrant L.N. 60 of 2011 01/08/2011


[sections 47 & 58]


FOOD SAFETY ORDINANCE


(Cap 612)


(section 47(2))


Warrant to enter [premises/vessel*]


WHEREAS [insert name of applicant] has applied to me, [insert name of magistrate], a magistrate, to authorize
[him/her*] to enter [insert description of premises or vessel], and I am satisfied by information on oath that there is
reasonable ground for entry to [those premises/that vessel*] and that [insert ground on which warrant is issued].


Now, therefore, I authorize [insert name of applicant] to enter [those premises/that vessel*], by force if

necessary, with any assistants [he/she*] may require, and there execute [his/her*] duties under the Food Safety
Ordinance.



Dated:





(Signed) ........................................
Magistrate

* Strike out as applicable.

Schedule: 5 Arrestable Offences L.N. 60 of 2011 01/08/2011


[sections 49 & 58]

Section 4
Section 5
Section 54
Any regulation made under section 59