L4 Food Legislation & Risk-based Inspection System in Hong Kong 2024 PDF

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Document Details

AmpleLouvreMuseum9166

Uploaded by AmpleLouvreMuseum9166

CUHK

2024

Gordon Cheung

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food safety food legislation risk-based inspection public health

Summary

This lecture provides an overview of food legislation and risk-based inspection systems in Hong Kong. It covers various aspects of food laws, including ordinances, subsidiary legislation, and recent amendments. The importance of food safety, quality, and international standards is highlighted. The lecture also discusses the responsibilities and processes related to food safety control in Hong Kong.

Full Transcript

Lecture 4 Food Legislation & Risk-based Inspection System in Hong Kong FNSC5430/LSCI6843 Food Toxicology and Safety Gordon Cheung B.Sc.(Hons.), Pg.D. Diet., M.Phil., Cert. Chi. Med., R.D.(UK) Content Introduction of Food...

Lecture 4 Food Legislation & Risk-based Inspection System in Hong Kong FNSC5430/LSCI6843 Food Toxicology and Safety Gordon Cheung B.Sc.(Hons.), Pg.D. Diet., M.Phil., Cert. Chi. Med., R.D.(UK) Content Introduction of Food Laws Food Laws in Hong Kong Public Health and Municipal Services Ordinance (Cap. 132) Main Ordinance and Subsidiary Legislation The Food Safety Ordinance (Cap. 612) Recent Amendments of Local Food Laws Licensing Related to Food Business Introduction “ law is a system of rules and guidelines which are enforced through social institutions to govern behavior” Robertson, Crimes against humanity, 90. Reasons for Food Laws Food safety/security : on public health point of view provision of safe and wholesome food Food quality : prevention inferior / fraudulent foods into market Economic development :Ensuring food safety and quality also promotes international trade, also a means to generate growth and reduce poverty Food trade places considerable obligation on both importing and exporting countries to strengthen their food control systems Food Law and Regulations The development of relevant and enforceable food laws and regulations is an essential component of a modern food control system Many countries have inadequate food legislation and this will impact on the effectiveness of all food control activities carried out in the country Food law has traditionally consisted of legal definitions of unsafe food, and the prescription of enforcement tools for removing unsafe food from commerce and punishing responsible parties after the fact Food Law and Regulations It has generally not provided food control agencies with a clear mandate and authority to prevent food safety problems. The result has been food safety programmes that are reactive and enforcement-oriented rather than preventive and holistic in their approach to reducing the risk of foodborne illness To the extent possible, modern food laws not only contain the necessary legal powers and prescriptions to ensure food safety, but also allow the competent food authority or authorities to build preventive approaches into the system Food Law and Regulations In addition to legislation, governments need updated food standards In recent years, many highly prescriptive standards have been replaced by horizontal standards that address the broad issues involved in achieving food safety objectives While horizontal standards are a viable approach to delivering food safety goals, they require a food chain that is highly controlled and supplied with good data on food safety risks and risk management strategies and as such may not be feasible for many developing countries Food Law and Regulations Similarly, many standards on food quality issues have been cancelled and replaced by labelling requirements. In preparing food regulations and standards, countries should take full advantage of Codex standards and food safety lessons learned in other countries. Taking into account the experiences in other countries while tailoring the information, concepts and requirements to the national context is the only sure way to develop a modern regulatory framework Satisfy national needs Meet the demands of the (Sanitary and Phytosanitary Measures) SPS Agreement and trading partners Food Law and Regulations Food legislation should include the following aspects: It must provide a high level of health protection It should include clear definitions to increase consistency and legal security It should be based on high quality, transparent, and independent scientific advice following risk assessment, risk management and risk communication It should include provision for the use of precaution and the adoption of provisional measures where an unacceptable level of risk to health has been identified and where full risk assessment could not be performed It should include provisions for the right of consumers to have access to accurate and sufficient information Food Law and Regulations Food legislation should include the following aspects: (Cont’d) It should provide for tracing of food products and for their recall in case of problems It should include clear provisions indicating that primary responsibility for food safety and quality rests with producers and processors It should include obligation to ensure that only safe and fairly presented food is placed on the market It should also recognise the country's international obligations particularly in relation to trade It should ensure transparency in the development of food law and access to information Laws of Hong Kong Basic Law Principal Ordinances and Subsidiary Legislations Common Law Statute Law Ordinance (over 650) Sets out the objective of the legislation, the relevant authority and the priniciples Subsidiary Legislation (over 1200) Any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any Ordinance (under delegated authority) and having legislative effect Sets out details Food Safety Laws in Hong Kong Most are/or used to be based on corresponding English laws May not catch up with the development in the society, technology Current trend To adopt internationally recognized food standard, e.g. Codex Main Objectives Ensure food safety Prevent adulteration of food Prescribe food standards Enhance consumer information Codex Alimentarius Commission Established to develop food standards under the joint FAO/WHO Foods Standards Programme The mandate of Codex is to establish international food standards to protect the health of consumer to ensure fair practices in the food trade Legal & Regulatory Aspects of the Food Industry In Hong Kong, Food and Environmental Hygiene Department delivers its services on food safety control through: Environmental Branch Centre for Food Safety Two main ordinances: Part V (Food and Drugs) of the Public Health and Municipal Services Ordinance ( Cap. 132 ) Food Safety Ordinance (Cap. 612) Legal & Regulatory Aspects of the Food Industry Food and Environmental Hygiene Department of the Government of the Hong Kong Special Administrative Region: Responsible for implementing territory-wide policies of food safety control and enforcing the food legislation Part of its duties is to exercise the power provided under Section 62(1) of the Public Health and Municipal Services Ordinance to take food samples at points of entry to the territory for various kinds of tests, including microbiological examinations and chemical analyses Legal & Regulatory Aspects of the Food Industry There are also departmental guidelines and code of practices issued by the for the food traders/ food handlers to follow such as: Microbiological guidelines for Ready-to-eat Food Food Recall Guidelines Code of Practice-import and sale of live marine fish for human consumption Code of Practice on Keeping records relating to Food Code of Practice on Food Safety Order Legal & Regulatory Aspects of the Food Industry The basic food law in Hong Kong is laid down in Part V of the Public Health and Municipal Services Ordinance (Cap. 132) The main provisions cover : General protection for food purchasers Offences in connection with sale of unfit food and adulterated food Composition and labelling of food, food hygiene, seizure and destruction of unfit food. Controls in specific areas are provided in subsidiary legislation under the Ordinance Definition of Food “Food" (食物) includes- Does not include- a. Drink a. Live animals or live birds, other than live aquatic products b. Ice b. Water, other than- c. Chewing gum and other products (i) aerated water of a like nature and use (ii) distilled water d. Smokeless tobacco products (iii) water from natural springs, either in its natural state or with added e. Articles and substances used as mineral substances ingredients in the preparation of (iv) water placed in a sealed container for sale for human consumption food or drink or of such products, c. Fodder or feeding stuffs for animals, birds or aquatic products or d. 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); Public Health and Municipal Services Ordinance (Cap. 132) Some food-related provisions: Sec. 50: Offences in connection with preparation and sale of adulterated food Sec.51: Adulteration , etc. of milk Sec. 51A: Adulteration of meat Sec. 52: General protection for purchasers of food Sec. 54: Offences in connection with sale , etc. of unfit food Sec. 55: Regulations as to composition of food Public Health and Municipal Services Ordinance (Cap. 132) Some food-related provisions: Sec.56: Regulations as to food and drugs hygiene Sec.59:Examination and seizure and marking or destruction of food Sec.61:False labelling and advertisement of food Sec.62:Power to take samples Sec.68:Power to examine food in course of transit, etc. Sec. 69: Restriction on movement of imported food Cap. 132 - Authority to Make Regulation Section 52 – General protection for purchasers of food 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. Cap. 132 - Authority to Make Regulation Section 54 – Offences in connection with the sale, etc. of unfit food 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. 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. Cap. 132 - Authority to Make Regulation Section 55 – The Authority may make regulation related to – Addition or extraction of substance to food Import or use of material for preparation or preservation of food Labelling, marketing, advertising of food Cap. 132 - Authority to Make Regulation Section 56 – Regulations as to food and drugs hygiene Sale of food for human consumption Manufacture, preparation, transport, storage, packaging, marking … of food Cap. 132 - Authority to Make Regulation Section 61 – False labelling and advertisement of food 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. Cap. 132 - Authority to Make Regulation Section 62 – Power to take samples 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. Cap. 132 - Authority to Make Regulation Section 69 – Restriction on movement of imported food 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. Cap. 132 - Authority to Make Regulation Section 78B – Additional powers in relation to food The Authority 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 such activity in accordance with conditions specified in the order, for the period specified in the order Cap. 132 - Authority to Make Regulation Section 78B – Additional powers in relation to food In determining whether there are reasonable grounds, the Authority may, in so far as is practicable and reasonable, take into account all factors relevant to the circumstances of the case that the Authority 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. Public Health and Municipal Services Ordinance (Cap. 132) – Subsidiary Legislation Selected Subsidiary Food Legislations : Colouring Matters in Food Regulations (Cap.132H) Dried Milk Regulations (Cap.132R) Sweeteners in Food Regulations(Cap.132U) Food Adulteration(Metallic Contamination) Regulations (Cap.132V) Food and Drugs (Composition and Labelling) Regulations (Cap.132W) Food Business Regulation(Cap.132X) Frozen Confections Regulation (Cap.132AC) Public Health and Municipal Services Ordinance (Cap. 132) – Subsidiary Legislation Selected Subsidiary Food Legislations : Harmful Substances in Food Regulations (Cap.132AF) Imported Game, Meat, Poultry and Eggs Regulations(Cap.132AK) Milk Regulation (Cap.132AQ) Mineral Oil in Food Regulations(Cap.132AR) Pesticide Residues in Food Regulation (Cap. 132CM) Preservatives in Food Regulations(Cap.132BD) Slaughterhouses Regulations(Cap.132BU) Colouring Matter in Food Regulations (Cap.132H) Regulation 3 - Restriction on use of colouring matter other than permitted colouring matter Regulation 4 - Prohibit use of food colour in meat/game/poultry/fish/fruit/vegetables in a raw and unprocessed state Regulation 5 - Restriction on sale or advertisement of colouring matter other than permitted colouring matter 1st Schedule – Permitted colouring matter 2nd Schedule - Labelling of colouring matter and colouring and flavouring compounds Dried Milk Regulations (Cap.132R) Regulation 4 - Composition and description of dried milk Dried milk of each description specified in the first column of the First Schedule shall contain a percentage of milk fat within the limits specified in relation thereto in the second column of that Schedule and shall contain not more than 5.0% of moisture, and no person shall sell any dried milk which does not comply with this regulation Regulation 5 - Labelling of containers of dried milk in accordance with Schedule 1 Schedule 1 - Composition and description of dried milk Dried full cream milk: Not less than 26% milk fat Dried partly skimmed milk: Less than 26% and not less than 1.5% milk fat Dried skimmed milk: Less than 1.5% milk fat Schedule 2 - Labelling of containers of dried milk Sweeteners in Food Regulations Regulation 3 - Restriction on sale and use of sweeteners Schedule – Permitted Sweeteners (positive listing) Permitted Sweeteners specified in the Schedule 6. Saccharin (and Sodium, Potassium, Calcium Salts) 1. Acesulfame Potassium 7. Sucralose 2. Alitame 8. Thaumatin 3. Aspartame 9. Neotame (w.e.f. 1.8.2010) 4. Aspartame-acesulfame Salt 10. Stevoil Glycosides (w.e.f. 1.8.2010) 5. Cyclamic Acid (and Sodium, Potassium, Calcium Salts) Food Adulteration (Metallic Contamination) Regulations Regulation 3 - Prohibition of sale etc. of food containing metals except where naturally present up to certain limits Schedule 1 - Maximum permitted concentration of certain metals naturally present in specified foods Schedule 2 - Maximum permitted concentration of certain metals present in specified foods Food and Drugs (Composition and Labelling) Regulations (Cap 132W) Regulation 2 - Interpretation Regulation 5 - Offences and penalties Schedule 1 - Part IA – Good Manufacturing Practice Part I – Composition of food and drugs other than milk and milk products Part II – Composition of milk and milk products Part III – Additives in certain milk products Schedule 2 - Marking and labelling of foods and drugs Schedule 3 - Marking and labelling of prepackaged foods Food name, ingredients list, expiry date, name and address of manufacturer/distributor, instruction of use and weight/volume Schedule 4 - Items exempt from Schedule 3 Food Business Regulation (Cap 132X) Regulation 4 Interpretation of food business Regulation 5 Cleanliness and repair of food premises Regulation 10 Protection of food from risk of contamination Regulation 11 Storage of open food Regulation 13 Restriction on use of open spaces Regulation 15 Cleanliness and repair of food rooms Regulation 28 Prohibition against the collection of shell fish in certain areas Regulation 29 Prohibition of the sale, etc. of articles specified in Schedule 1 Food Business Regulation (Cap 132X) Regulation 30 Restriction on the sale, etc. of articles specified in Schedule 2 Regulation 31 Licensing of food business Regulation 33 Conditions for issue of licence Regulation 33A Addition requirement for issue of license for siu mei and lo mei shops Regulation 33C Provisional licence Regulation 34 Restriction on alteration of premises or fittings after grant of license Schedule 1 Prohibited Foods ( e.g. Yu Sang, meat from unapproved source) Schedule 2 Restricted Foods (21 restricted food items e.g. frozen confections) Frozen Confections Regulation Regulation 5 – Permits to sell frozen confections Regulation 6 - Bacteriological standard of frozen confections for sale No person shall sell, or offer or expose for sale, any frozen confection which contains more than 50000 bacteria per gram or more than 100 coliform organisms per gram Regulation 7 - Restriction on sale, etc. of imported frozen confections Regulation 10 - Frozen confections other than soft ice cream to be kept below -2 oC Regulation 17 - Frozen confections not to be manufactured except under licence Harmful Substances in Food Regulations Regulation 3 - Prohibition of import and sale of food containing certain substances in excessive concentrations Regulation 3A - Prohibition of import and sale of fish, meat and milk containing prohibited substances Schedule 1: Maximum concentration of certain substances present in specified foods e.g. melamine in dairy products (1mg/kg) and other food (w.e.f. 22.9.2008) Schedule 2 : Prohibited substances Dienoestrol ((E,E)-4,4'-(diethylideneethylene) diphenol) including salts and esters thereof Diethylstilboestrol ((E)-B-diethylstilbene-4,4'-diol) including salts and esters thereof Hexoestrol (meso-4,4'-(1,2-diethylethylene) diphenol) including salts and esters thereof Avoparcin Clenbuterol Chloramphenicol Salbutamol Imported Game, Meat and Poultry Regulations Regulation 4 - Restriction on the import of certain meat, meat products and poultry Regulation 5 - Procedure for export, destruction or disposal of game, meat, poultry or prohibited meat imported in contravention of Regulation 4 Regulation 6 - Prohibition of re-import where notice given under Regulation 5(1) Milk Regulation Regulation 5 - Permits to sell milk and milk products Regulation 5A - Restriction on sale, etc. of imported milk and milk beverage Regulation 6 - Prohibition sale of milk and milk beverage in certain cases Raw milk : Bacteria not more than 2 X 105 per ml Coliform organism absent in 0.001 ml Pasteurized milk: Bacteria not more than 3 X 104 per ml Coliform organisms absent in 0.1 ml Sterilized milk: Colony count less than 10 Regulation 13 - Milk or milk beverage to be kept below 10 oC pending sale Milk Regulation Regulation 14 - Business of milk factory not to be carried out except by licence Schedule 1: Methods of heat-treatment Pasteurization : Heat up to not less than 63oC but not more than 66oC for at least 30 minutes and than cool down to 10oC e.g. Holder method Heat up to 72 oC for not less than 15 seconds and than cool down to 10oC e.g. High temperature short time method Sterilization: Homogenized the milk and then heat up to not less than 100oC for at least 25 minutes Heat up the milk to not less than 132oC for at least 1 second e.g Ultra High Temperature Method Preservatives in Food Regulations Regulation 3 - Restriction in relation to the sale, etc. of food containing preservative or antioxidant Schedule 1: Part I – Articles of food which may contain preservative and the nature and proportion of preservative in each case Part II – Articles of food which may contain added antioxidants and description and proportion of antioxidants which may be added in each case Part III- (Alternative form in which the preservative may be used) Slaughterhouses Regulation Regulation 21 - Examination and disposal of carcass, dressed carcass and offal Regulation 22 - Authorized officer to mark dressed carcass and offal fit for human consumption Regulation 23 - Prohibit the removal of unmarked carcass Schedule 5 : Marks to be applied to dressed carcasses and offal of slaughtered food animals Pesticide Residues in Food Regulation (Cap. 132CM) Came into operation on 1 August 2014 The Regulation aims to enhance regulatory control of pesticide residues in food to protect public health The standards for pesticide residues in food developed by the Codex Alimentarius Commission (Codex) form the backbone of the regulatory framework The Regulation specifies in its Schedule 1 a list of maximum residue limits (MRLs)/extraneous maximum residue limits (EMRLs) for certain pesticide-food pairs Common Offences Prosecution taken in the course of investigation of food poisoning cases Contraventions of Food Business Regulation Maximum Penalties S.5 (1) Dirty Premises $10,000 & 3 months’ imprisonment S.5 (3) Cockroach infestation $10,000 & 3 months’ imprisonment S.6 Dirty equipment $10,000 & 3 months’ imprisonment S.10(B) Wrapping food with newspaper $10,000 & 3 months’ imprisonment S.11 (1) Exposure of open food $10,000 & 3 months’ imprisonment S.13 (1) Storage of utensils in yard $10,000 & 3 months’ imprisonment S.30 (1) Illegal sale of restricted food $50,000 & 6 months’ imprisonment Common Offences Prosecution taken during routine work of Food Surveillance and Certification Section Contraventions of Food Business Regulation Maximum Penalties Imported Game, Meat & Reg.4 Illegal import of meat $50,000 & 6 months’ Poultry Regulations imprisonment Preservatives in Food Reg.3 Sale of food containing $50,000 & 6 months’ Regulations preservative exceeding imprisonment approved concentration Food & Drug (Composition Reg.5 Non-compliance with labelling $50,000 & 6 months’ & Labelling) Regulation (1) requirements of prepackaged imprisonment food PHMSO S.52 (1) Sale of food not of the nature, $10,000 & 3 months’ substance or quality demanded imprisonment The Food Safety Ordinance (Cap. 612) The Ordinance also requires food traders to maintain records of the movements of food with reference to their mode of operation The Food Safety Ordinance (Cap. 612) In full operation on 1 February 2012 Provides new food safety measures to food business operators including farmers, fishermen, hawkers and market stall lessees selling food Introduces a food tracing mechanism to help the Government trace the source of the food more effectively and take prompt action when dealing with food incidents The Food Safety Ordinance (Cap. 612) To food traders A registration scheme for food importers and food distributors Requirement of keeping proper records of the movements of food to enhance food traceability To the authorities Make regulations for tightening import control on specific food types Make orders to prohibit the import and supply of problem food Make order to the recall of the problem food Registration of Food Importer/Food Distributor Registration of Food Importer/Food Distributor Registration of Food Importer/Food Distributor Record-keeping Requirement Relating to Food Keep transaction records of the business from which it acquired the food and the business to which it supplied the food Also includes person captures local aquatic products and in the course of business, supplies them in Hong Kong is required to keep the capture record The requirement to keep records of supplies of food does not apply to retail supplies to ultimate consumers Information Included in the Record Required information can be found on receipts, invoices, or other records they routinely keep Length of Record Keeping & Penalty Penalty A maximum fine of $10,000 and imprisonment for 3 months Food Safety Ordinance (Cap. 612) Statutory power for the Director of Food and Environmental Hygiene to make a food safety order (The Order) under section 30 of the Ordinance Cap.612 If the Director has reasonable grounds to believe that the making of the order is necessary to prevent or reduce a possibility of danger to public health or to mitigate any adverse consequence of a danger to public health Food Safety Ordinance (Cap. 612) – Food Safety Order The Order may: Prohibit the import of any food Prohibit the supply of any food Direct that any food supplied be recalled Directed that any food be impounded, isolated, destroyed or otherwise disposed of Prohibit the carrying on of an activity in relation to any food or permit the carrying on of such activity in accordance with conditions. Recent Food Law Amendments Amendment Regulations came into force on 23 August 2008 under Harmful Substances in Food Regulation (Cap. 132AF) (setting melamine level in specified food products) Amendment Regulation came into force on 1 December 2008 under Colouring Matter in Food Regulation (Cap. 132H) (deleted Red 2G from approved list) Food and Drugs (Composition and Labelling) (Amendment: Requirements for Nutrition Labelling and Nutrition Claim) Regulation 2008 Amendment Regulation came into force on 1 July 2010 under Preservatives in Food Regulation (Cap. 132BD) Amendment Ordinance came into force on 1 July 2010 Statute Law (Miscellaneous Provision) Ordinance 2008 (amendment to the Chinese rendition of “Use by” date on labels of prepackaged foods) Amendment Regulation came into force on 1 August 2010 under Sweeteners in Food regulation (Cap. 132U) (adding Neotame and Steviol Glycosides to the List of Permitted Sweeteners) Amendment Ordinance came into force on 1 August 2011 under the Public Health and Municipal Services (Amendment) Ordinance 2009 (Cap. 132 ) (to introduce new food safety control measures for the better protection of public health) Recent Food Law Amendments Amendment Regulation came into force on 1 March 2012 under Harmful Substances in Food Regulations (Cap.132AF) (to extend the prohibition on the presence of substances specified in its Second Schedule in food to dried milk, condensed milk and reconstituted milk. Such substances include three exogenous estrogens) Amendment Regulation came into force on 24 March 2014 under Food and Drugs (Composition and Labelling) Regulation (Cap.132W) (introduces reduced fees for applications and renewal applications for small volume exemption from Nutrition Labelling submitted by electronic means from $345 and $335 to $265 and $250 respectively) Amendment to the Imported Game, Meat and Poultry Regulations (w.e.f. 5.12.2015) (To implement control on importation of egg) Amendment (No. 2) Regulation on nutrition composition and nutrition labelling of infant formula came into operation on 13 December 2015 under Food and Drugs (Composition and Labelling) Regulations (Cap. 132W). Amendment (No. 2) Regulation on follow-up formulae and prepackaged food for infants and young children came into operation on 13 June 2016 under Food and Drugs (Composition and Labelling) Regulations (Cap. 132W). (To comprises requirements on nutritional composition of infant formulae and nutrition labelling of infant formulae, follow-up formulae and prepackaged food for infants and young children) Licensing Operators of the following food business required to obtain a license from FEHD before operation: 1. Restaurant 8. Milk factory 2. Food factory 9. Cold store 3. Fresh provision shop 10. Slaughterhouse 4. Bakery 11. Composite Food Shop (w.e.f. 1.8.2010) 5. Factory canteen 6. Siu mei and lo mei shop 7. Frozen confections factory Licensing Sale of the following restricted foods required a permit issued by FEHD: 1. Frozen confections 2. Milk and milk beverage 3. Non-bottled drinks 4. Chinese herb tea 5. Cut fruits 6. Sushi and sashimi 7. Oyster and meat intended for eaten in raw state 8. Food sold by coin operated vending machines, etc. People intend to sell alcoholic drinks need to apply for a liquor license before operation. Provisional Licence Facilitate early commencement of food business Premises in compliance with prime health, fire and building safety requirements with certification from authorized person Provisional license is valid for 6 months Licensee must comply all outstanding licensing requirements before obtaining a official/full license

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