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Food Business Regulation

Section 4

Interpretation of food business


4(1) In this Regulation, unless the context otherwise requires, the expression "food business" (食物業) means, subject to the succeeding provisions of this section, any trade or business for the purpose of which any person engages in the handling of food or food is sold by means of a vending machine.

4(2)

The said expression does not include any agricultural activity, any canteen in any naval, military or air force establishment or provided in any school or work place (other than a factory canteen referred to in section 31) for the use exclusively of the pupils of the school and the persons employed in the work place, respectively, any club or (except so far as the handling of food may be involved in the course of a retail business or in the course of supplying food for immediate consumption) so much of any trade or business as consists of the handling of food at, in or upon-
 
(a) any dock or wharf; or
(b) except in the case of any business involving the transport of meat, whether cooked or uncooked, any premises or place occupied by a carrier of foods for the purposes of his trade as such a carrier; or
(c) any slaughterhouse; or
(d) any premises or place occupied by a wholesaler of raw vegetables and used exclusively for the purpose of his trade or business as such a wholesaler; or
(e) any premises which-
 
(i) are used exclusively for the storage of food manufactured and packed by the occupier thereof; and
(ii) are situated outside the curtilage of the premises used for the manufacture or packing of that food; and

(iii)

are not used for the storage of any open food; or
(f) any warehouse, other than a warehouse in which articles of food are stored under refrigeration.

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Section 5

Cleanliness and repair of food premises


5(1) Every person who carries on any food business shall at all times cause the walls, floors, doors, windows, ceiling, woodwork and all other parts of the structure of any food premises used by him in the course of such food business to be kept clean and free from noxious matters and to be kept in such good order, repair and condition as to-
 
(a) enable them to be effectively cleaned; and

(b)

prevent, so far as is reasonably practicable, infestation by rats, mice and insects and the entry of birds.
   
5(3) No person engaged in any food business shall knowingly suffer or permit-
 
(a) in any food premises, the presence of rats, mice or insects; or
(b) in any food room, the presence of live birds or animals.

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Section 10

Protection of food from risk of contamination


10 Every person engaged in any food business shall, while so engaged, take all such steps as may be reasonably necessary to protect the food from risk of contamination or deterioration, and in particular, without prejudice to the generality of the foregoing, no person shall-
 
(a) so place, or cause, suffer or permit any other person so to place, any open food as to involve any risk of contamination; or
(b) wrap up or otherwise bring any open food into direct contact with any printed newspaper or other unclean paper or wrapping material.

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Section 11 Storage of open food

11(1) No person in the course of any food business shall store (including display for sale) or suffer or permit the storage of any open food other than uncooked perishable food, except in a suitable container so designed and constructed as to prevent, so far as is reasonably practicable, the access of dust, insects and vermin:
  Provided that nothing in this subsection shall be construed to prevent such reasonable exposure of food as may be necessary in the course of carrying on the business.

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Secton 13

Restriction on the use of open spaces


13(1) No person shall for the purpose of any food business use, or cause, suffer or permit to be used, any yard, alley, street, open space, roof top or open deck space for the preparation or storage of open food or for the washing, cleansing or storage of any equipment or utensil used in the preparation or service of food.

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Section 15 Cleanliness and repair of food rooms

15(1) The walls, floors, doors, ceilings, woodwork and all other parts of the structure of every food room shall be kept clean and shall be kept in such good order, repair and condition as to-
 
(a) enable them to be effectively cleaned; and
(b) prevent, so far as is reasonably practicable, any risk of infestation by rats, mice or insects or the entry of birds.

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Section 28

Prohibition against the collection of shell fish in certain areas


28 No person shall collect for sale for human consumption any shell fish in-
 
(a) the harbour; or
(b) the harbour in Aberdeen, being all those waters and foreshores bounded by a line drawn north from the westernmost extremity of the Island of Ap Lei Chau and a line drawn east from the southernmost extremity of that island.

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Section 29 Prohibition of the sale, etc. of articles specified in Schedule 1

29 No person shall sell, or offer or expose for sale, or possess for sale or for use in the preparation of any article of food for sale, any of the foods specified in Schedule 1.

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Section 30

Restriction on the sale, etc. of articles specified in Schedule 2


30(1) Save with the permission in writing of the Director, no person shall-
 
(a) sell or offer or expose for sale, or possess for sale or for use in the preparation of any article of food for sale, any of the foods specified in items 1 to 5 inclusive, items 9 to 14 inclusive and items 16 to 21 inclusive of Schedule 2:
Provided that this paragraph shall not apply to the hawking of live poultry in any place or area for the time being set aside by the Director pursuant to section 4(1)(a) of the Hawker Regulation (Cap 132 sub. leg.);
(b) sell or offer or expose for sale, or possess for sale any of the foods specified in items 6, 7, 8 and 15 of Schedule 2 unless such food is contained in an unopened hermetically sealed container; or
(c) possess for use in the preparation of any article of food for sale any of the foods specified in items 6, 7, 8 and 15 of Schedule 2 unless such food is, until the time it is about to be so used, contained in an unopened hermetically sealed container.

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Section 30D

Restriction on sale, etc. of chilled beef, mutton or pork


(1) No person shall sell, or offer or expose for sale, or possess for sale fresh beef, mutton or pork and chilled beef, mutton or pork at the same premises.
(2) No person shall sell, or offer or expose for sale, or possess for sale fresh beef, mutton or pork and chilled beef, mutton or pork at the same market stall.
(3) In subsection (1), "premises" (處所) means the premises on which the business of a fresh provision shop is carried on.
 
(L.N. 169 of 2006)

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Section 30E

Exception to restriction on sale, etc. of chilled beef, mutton or pork


Section 30D does not apply if—
 
(a) the chilled beef, mutton or pork concerned is pre-packaged;
(b) it has been packaged in a place other than in the premises or market stall referred to in that section; and
(c) the package is marked and labelled in the manner prescribed in Schedule 6.
(L.N. 169 of 2006)

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Section 30F

Further restrictions on trading of pre-packaged chilled beef, mutton or pork at retail level


Unless with reasonable excuse, no person having the possession for sale of any pre-packaged chilled beef, mutton or pork at any premises referred to in section 30D or market stall shall open, or in any other way tamper with, the package at the premises or market stall.
(L.N. 169 of 2006)


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Section 31

Licensing of food business


31(1) Subject to section 33C, except under and in accordance with a licence granted by the Director under this Regulation, no person shall carry on or cause, permit or suffer to be carried on any of the following food businesses-
 
(a) any food factory, not being a milk factory or a frozen confection factory; or
(b) any restaurant; or
(ba) any factory canteen; or
(c) any siu mei or lo mei shop; or
(d) any fresh provision shop; or
(e) any cold store.

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Section 31A

Power of Director to grant permission


(1) Notwithstanding section 30(1), in relation to the food specified in items 1(a) and 1(b) of Schedule 2, the Director may grant permission to a person to sell, or offer or expose for sale, or possess for sale at any premises the food specified in that item 1(a) or the food specified in that item 1(b) but not both at the same premises.
(2) Notwithstanding section 30(1), in relation to the food specified in items 1(a) and 1(b) of Schedule 2, the Director may grant permission to a person to sell, or offer or expose for sale, or possess for sale at any market stall the food specified in that item 1(a) or the food specified in that item 1(b) but not both at the same market stall.
(3) In subsection (1), "premises" (處所) means the premises on which the business of a fresh provision shop is carried on.
 
(L.N. 169 of 2006)

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Section 33

Conditions for issue of licence


33(1) No full licence shall be granted under section 31 unless the Director is satisfied, in relation to the premises in respect of which the application for such licence was made, that-
 
(a) the plan referred to in section 32 has been approved by the Director and the premises conform thereto;
(b) the means of ventilation provided, whether natural or mechanical or partly natural and partly mechanical, are sufficient in every part of the premises, other than any part used exclusively for storage purposes, to safeguard in that respect the maximum number of person likely to be in such part of the premises at any one time;
(c) sanitary fitments are provided to a standard not less than that required by the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg.):
  Provided that in the case of any premises to which such regulations do not apply, the Director may approve such lesser standard as, having regard to considerations of public health and the circumstances of the case, he may consider adequate;
(d) public mains water is laid on to the premises and that adequate tank storage suitably protected against access of dust and mosquitoes is provided:
  Provided that where the Director is satisfied that public mains water cannot reasonably be laid on, for all or any purpose, the Director may in his discretion approve such other water supply as, having regard to consideration of public health, he considers adequate;
(e) no food room contains any soil fitment or latrine fitment or communicates directly with a room or other place which contains a soil fitment or latrine fitment;
(f) the floors and internal surfaces of the walls of every food room to a height of not less than 2 m are surfaced with smooth light coloured non-absorbent material and the junctions between the walls and floors are coved;
(g) the ceilings of every food room are rendered impervious to dust;
(h) in the opinion of the Director, the facilities for cleansing equipment and utensils used in the preparation, service or consumption of food on the premises are adequate having regard to the nature of the food business to be carried on;
(i) except where adequate provision is made elsewhere, suitable and sufficient cupboard or locker accommodation is provided for clothing and footwear not worn during working hours of all persons engaged in the handling of food on or about the premises:
  Provided that-
 
(i) this requirement shall not apply to food premises upon which no open food is handled; and
(ii) this requirement may be waived or modified by the Director by notice in writing;
(j) in the case of any restaurant (other than a restaurant selling only light refreshments) in respect of which-
 
(i) a licence was granted before 1 February 1974; and
(ii) since that date, no alteration has been made to the space allocated to the kitchen, the preparation of food or the seating accommodation,
the space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in proportion to the space allocated to the seating accommodation than that prescribed in Schedule 4;
(ja) in the case of any restaurant (other than a restaurant selling only light refreshments) in respect of which a licence was not granted before 1 February 1974, the space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in area, or in proportion to the gross floor area, than that prescribed in Part I of Schedule 5;
(k) in the case of any light refreshment restaurant, in respect of which-
 
(i) a licence was granted before 1 February 1974; and
(ii) since that date, no alteration has been made to the space allocated to the kitchen, the preparation of food or the usable floor space,
the total space allocated to the kitchen and the preparation in food and cleansing of utensils is not less in proportion to the usable floor space than that prescribed in Schedule 4;
(ka) in the case of any light refreshment restaurant in respect of which a licence was not granted before 1 February 1974, the total space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in area, or in proportion to the gross floor area, than that prescribed in Part II of Schedule 5;
(kb) in the case of any factory canteen, the total space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in area, or in proportion to the gross floor area, than that prescribed in Part III of Schedule 5;
(l) the surface of every article of furniture referred to in section 17 is capable of being lit to a standard of not less than 90 lux, and the top plates of every stove and cooking range are capable of being lit to a standard of not less than 65 lux, either by natural or artificial lighting or partly by natural and partly by artificial lighting; and
(m) any heating equipment or air conditioning plant provided is properly installed and, having regard to the nature of the premises, is not likely to be dangerous.

33(2)

Where the premises in respect of which such application is made are a vessel, the provisions of subsection (1) shall apply subject to such modification as is appropriate.

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Section 33A Additional requirement for issue of licence for siu mei and lo mei shops

33A No licence shall be granted by the Director in respect of a siu mei or lo mei shop unless the Director is satisfied that the premises in respect of which the application is made are not being used for the sale of fresh meat.

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Section 33C

Provisional licence


33C(1) The Director may on application grant a provisional licence permitting the carrying on of any food business mentioned in section 31(1) where the applicant satisfies the Director-
 
(a) that the conditions mentioned in sections 33(1)(b) to (i), (ja), (ka), (kb) and (m) and 33A have been complied with; and
(b) that any requirements issued by the Director of Fire Services have been complied with.
33C(2) The Director shall not consider an application for a provisional licence unless the applicant has applied to the Director for a full licence for the carrying on of any food business mentioned in section 31(1) in respect of the same premises.
33C(3) A provisional licence shall be valid for a period of 6 months from and including the date of its issue.
33C(4) A provisional licence may be renewed on one occasion, and only on one occasion at the absolute discretion of the Director.
33C(5) A provisional licence that is renewed under subsection (4) shall be valid for a period of 6 months from and including the date of its renewal or such lesser period as may be specified in the provisional licence.
33C(6) The fee for the grant or renewal of a provisional licence shall be half of the prescribed fee for a full licence.
33C(7) If a full licence is granted before the expiry of a provisional licence, any refund of part of the fee paid in respect of the provisional licence will be made on a pro-rata basis. Any fraction of $1 in the refund shall count as $1.

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Section 34 Restriction on alteration of premises or fittings after grant of licence

34

After the grant or renewal of any licence under this Regulation, except with the written permission of the Director, no licensee shall, in respect of the premises in relation to which such licence was granted, cause or permit-
 
(a) any alteration or addition which would result in material deviation from the plan approved under section 32; or
(b) any alteration in respect of any matter specified in section 33; or
(c) in relation to any heating equipment, any alteration of any part of such equipment or any change in the type of fuel used therein.

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Schedule 1

PROHIBITED FOODS


Item

Description of food

1.

The following Chinese dishes-
Yu Sang (魚生).

2.

Fresh, chilled or frozen meat of animals which have not been slaughtered in a Government slaughterhouse or in a slaughterhouse approved by the Director except where such meat was lawfully imported into Hong Kong in accordance with the Imported Game, Meat and Poultry Regulations (Cap 132 sub. leg.). (78 of 1999 s. 7; L.N. 220 of 2001)

3.

Shell fish which has been collected in contravention of section 28 of this Regulation. (78 of 1999 s. 7)

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Schedule 2

RESTRICTED FOODS


Item

Description of food

1.

(a) Fresh meat

  (b) Chilled meat other than pre-packaged chilled beef, mutton or pork
  (c) Pre-packaged chilled beef, mutton or pork
  (d) Frozen meat (L.N. 169 of 2006)

2.

Fresh, chilled or frozen game (L.N. 220 of 2001)

3.

Fresh, chilled, frozen or live fish, excluding live fish on a fish farm (L.N. 220 of 2001)

4.

(a) Live water birds, excluding live water birds on a poultry farm or in a wholesale market

 

(b) Other live poultry, excluding live poultry on a poultry farm or in a wholesale market

 

(c) Fresh, chilled or frozen poultry carcass (L.N. 171 of 1998; L.N. 220 of 2001)

5.

Fresh, chilled or frozen shell fish, excluding shell fish specified in Schedule 1 (L.N. 220 of 2001)

6.

Imported cooked or dried meat or imported meat which has been otherwise treated or prepared

7.

Imported intestines or other parts of any animal which are prepared in the form of sausage casings

8.

Imported pies, sausages or other prepared or manufactured articles of food which contain any meat or cooked or dried meat other than fat

9.

Milk or any milk beverage, being milk or a milk beverage to which the Milk Regulation (Cap 132 sub. leg.) apply, other than sterilized milk or milk beverage approved under section 4(2) thereof (78 of 1999 s. 7)

10.

(a) Soft ice cream

 

(b) Other frozen confections

11.

Chinese herb tea

12.

Non-bottled drinks

13.

Siu Mei (燒味) or Lo Mei (鹵味)

14.

Cut fruit

15.

Leung Fan (涼粉)

16.

Man Tau Lo (饅頭籮)

17.

Food sold by means of a vending machine

18.

Sashimi (L.N. 407 of 1996)

19.

Sushi (L.N. 407 of 1996)

20.

Oyster to be eaten in raw state (L.N. 407 of 1996)

21.

Meat to be eaten in raw state (L.N. 1 of 1999)

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Schedule 6

Marking and labelling of pre-packaged chilled beef, mutton or pork


1

Name or designation

Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with the name or designation of the food.

2 Indication of "slaughtering" and "use by" dates
(1)
Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with the "slaughtering date" and the "use by" date.
(2)
The "slaughtering date" shall be indicated by the words "slaughtering date" in English lettering and by Chinese characters "屠宰日期" followed by the date on which the animal was slaughtered.
(3)
The "use by" date shall be indicated by—
 
(a) the words "use by" in English lettering and by Chinese characters "此日期或之前食用" followed by the date up to and including which the pre-packaged chilled beef, mutton or pork, if properly stored, is recommended for use; and
(b) a statement of conditions for storage which need to be observed if the pre-packaged chilled beef, mutton or pork is to retain its quality attributes until that date.
(4) The "slaughtering date" and the "use by" date shall be shown either in Arabic numerals or in both the English and Chinese languages and, subject to subsection (6), shall be expressed in terms of a day, a month and a year.
(5) The "slaughtering date" and the "use by" date may appear on the labelling of the pre-packaged chilled beef, mutton or pork separately from the words immediately preceding the date, if those words are followed by a reference to the place where the date appears.
(6) Where the "slaughtering date" and the "use by" date are shown in Arabic numerals—
 
(a) the day shall be indicated by the words "DD", "dd", "D" or "d" in English lettering and by Chinese character "日";
(b) the month shall be indicated by the words "MM", "mm", "M" or "m" in English lettering and by Chinese character "月"; and
(c) the year shall be indicated by the words "YY", "yy", "Y" or "y" in English lettering and by Chinese character "年",
and the day, month and year can appear in any order.

and the day, month and year can appear in any order.

3 Name and address of slaughtering plant

Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with the business name and the full address of the slaughtering plant.

4 Net weight
(1) Pre-packaged chilled beef, mutton or pork shall be legibly marked or labelled with its net weight.
(2) The net weight shall, so far as is practicable, be indicated in accordance with the Weights and Measures Ordinance (Cap 68) or with the International System of Units set out in the First Schedule to the Metrication Ordinance (Cap 214).
5 Appropriate language

The marking and labelling for the purposes of sections 1, 2(1), 3 and 4 shall be in the English language or Chinese language or in both languages, but if both languages are used for any such marking or labelling, the name or designation of the food under section 1 shall be shown in both languages.

(Schedule 6 added L.N. 169 of 2006)

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Note : Please browse http://www.legislation.gov.hk/blis_export.nsf/home.htm for details of the food law in Chapter 132.

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2007 copyright logo | Important notices Last Revision Date : 08-10-2007