The Administration has made the Pesticide Residues in Food Regulation (Cap. 132CM, "the Regulation"). The Legislative Council completed scrutiny of the Regulation in June 2012 and the Regulation has come into operation since 1 August 2014.

The Regulation specifies in Schedule 1 a list of MRLs/EMRLs for certain pesticide-food pairs, i.e. the maximum concentration of specified pesticide residues permitted in specified food commodities. The levels of pesticide residues present in food are not permitted to exceed the MRLs/EMRLs specified in Schedule 1. The formulation of Schedule 1 to the Regulation was based primarily on the available standards recommended by Codex Alimentarius Commission (Codex), supplemented by the available standards of the Mainland and other major food exporting regions to Hong Kong (including the United States and Thailand), taking into account comments received from stakeholders during public consultation. These standards had been scrutinised by conducting risk assessment to ensure that they are adequate to protect public health in Hong Kong. Taking into account the heavy reliance of Hong Kong on imported food, such an approach has struck a balance between protecting public health and maintaining stable supply of food in Hong Kong.

Will the lists of MRLs/EMRLs and the exempted pesticides be updated?

As new pesticides and new applications on crops keep emerging, we have been closely monitoring the latest international development and will update the lists of pesticide residue limits and exempted pesticides specified in the Regulation, as necessary and appropriate.

When adopting the relevant pesticide residue limits (MRLs/EMRLs) of Codex, the Mainland and other major food exporting regions to Hong Kong (including the United States and Thailand), the Centre for Food Safety (CFS) conducted risk assessment based on local food consumption pattern to scrutinise these standards in order to ensure that they are applicable to the local situation and are adequate to protect public health in Hong Kong. Taking into account the heavy reliance of Hong Kong on imported food, such an approach has struck a balance between protecting public health and maintaining stable supply of food in Hong Kong.

Will it be an offence under the Regulation if pesticide residues are detected in food at levels exceeding the prescribed MRLs/EMRLs?

It will be an offence under the Regulation if the laboratory test result shows that the level of pesticide residues in the food exceeds the prescribed pesticide residue limits.

For pesticide residues with no specified MRLs/EMRLs in Schedule 1, the Regulation stipulates that except for exempted pesticides, import or sale of food containing such pesticide residues is allowed if the consumption of the food concerned is not dangerous or prejudicial to health based on risk assessment conducted by CFS.

Risk assessment is a science-based method which has been well-recognised in the international arena. The adoption of risk assessment approach also makes our Regulation more flexible and practical.

The list of MRLs/EMRLs laid down in Schedule 1 to the Regulation was formulated based primarily on the available standards recommended by Codex, supplemented by the available standards of the Mainland and other major food exporting regions to Hong Kong (including the United States and Thailand), taking into account comments received from stakeholders during the public consultation. As such, the list should have covered most of the pesticide residue limits relevant to our major food supplying regions at that time.

Risk assessment is a science-based method which has been well-recognised in the international arena. The acceptability of the potential risks upon consumption of a food sample containing pesticide residues is judged on the basis of comparison of safety reference values (e.g., acceptable daily intakes (ADI) for long-term exposure, or acute reference dose (ARfD) for short-term exposure), with dietary exposure estimates as determined by appropriate exposure studies, i.e. on the outcome of risk assessment process. CFS conducts risk assessment on the detected level of pesticide residues in a food sample based on local food consumption pattern and the available safety reference values.

The Joint Food and Agriculture Organization (FAO)/World Health Organization (WHO) Meeting on Pesticide Residues (JMPR) is responsible for evaluating the toxicological and related data of the pesticide and estimating the safety reference values, including ADI and ARfD for humans. Besides JMPR, regulatory agencies worldwide may also conduct toxicological evaluation and establish safety reference values during pesticide registration.

CFS will conduct risk assessment when pesticide residues with no specified MRLs/EMRLs in Schedule 1 to the Regulation are detected in food. How long will it take to have the assessment result?

CFS will take into account a host of factors including safety reference values and local situation when conducting the risk assessment. The time required for risk assessment will depend on the unique situation of each case.

The definition of "food" in the Regulation is the same as that adopted in the Public Health and Municipal Services Ordinance(Cap. 132). "Food" ( 食物 ) includes -

1. drink;
2. ice;
3. chewing gum and other products of a similar nature and use;
4. smokeless tobacco products; and
5. articles and substances used as ingredients in the preparation of food,

6. live animals or live birds, other than live aquatic products;
7. fodder or feeding stuffs for animals, birds, or aquatic products; or
8. 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).

As such, the definition of "food" under the Regulation covers processed food products as well as alcoholic beverages, meat, seafood and food ingredients.

As for the so-called "health food" products, there is neither internationally accepted definition nor legal definition. They are regulated under relevant ordinances in Hong Kong in accordance with the nature of their ingredients. Products containing medicines or claimed to have medicinal effects are required to be registered as pharmaceutical products under the Pharmacy and Poisons Ordinance (Cap. 138). Products falling under the definitions of Chinese herbal medicine or proprietary Chinese medicine in the Chinese Medicine Ordinance (Cap. 549) are governed by that Ordinance. For products fulfilling the definition of "food" as stipulated in the Public Health and Municipal Services Ordinance (Cap. 132), they are governed by the Public Health and Municipal Services Ordinance (Cap. 132) and its subsidiary legislation including the Regulation.

Some of the common food items among Chinese people (e.g. lotus seed) may not be covered by the Codex food classification system. Are these food items regulated under the Regulation?

Under the Regulation, all substances which fall within the definition of "food" are regulated. CFS has prepared the "Guidelines on Food Classification for the Pesticide Residues in Food Regulation (Cap. 132CM)" to facilitate the trade in identifying the appropriate pesticide residue limits that are relevant to the food commodities concerned. CFS has also compared the foods commonly found in Hong Kong against the Codex food classification system and incorporated in the guidelines as many food items of special local interest but not found in the Codex list as practicable. For food items of special local interest but with no available MRLs (e.g. lotus seed), risk assessment is considered the appropriate approach to determine if there would be any associated food safety risks when pesticide residues are detected.

According to the Codex food classification system, "Tea, Green, Black" refers to tea leaves, not tea infusion or tea beverage. In other words, MRLs/EMRLs established for "Tea, Green, Black" would only be directly applicable to tea leaves.

What are the units for expressing MRL/EMRL? Are they applicable to the whole food commodity of concern, or just the edible portion?

MRL/EMRL is usually expressed as "mg per kg of food". We have adopted the recommendations of Codex as the basis to decide whether an MRL/EMRL is applicable to the edible portion or the whole food commodity, as well as whether the MRL/EMRL is applicable to the fat portion or the whole food commodity in the case of food products of animal origin.

Have pesticide residue limits for processed food or compounded food (e.g. fruit pulp, concentrated fruit juice, French fries, curry powder and barbecue sauce) been specified clearly in the Regulation? For processed food or compounded food with no readily available MRLs/EMRLs, how should the trade calculate the MRLs/EMRLs applicable to them?

In general, Codex's MRLs and EMRLs are established for primary food commodities (both plants and animals). Codex has also established MRLs and EMRLs for certain processed foods (e.g. raisins) on a case-by-case basis, taking into consideration the effect of processing on the pesticide residues concerned. For processed food or compounded food with no readily available MRLs/EMRLs, the detailed calculation method and relevant examples in determining applicable MRLs/EMRLs can be found in Chapter 2 of the "Pesticide Residues in Food Regulation (Cap. 132CM) - User Guidelines".

The Pesticides Ordinance regulates all types of pesticides in Hong Kong, including pesticides for general household purposes (such as naphthalene and mosquito coil) as well as agricultural pesticides. The Regulation aims at ensuring food safety. It focuses on regulating the amount of residues of agricultural pesticides in food, with emphasis on the use of pesticides during the production, storage, transport, distribution and processing of food. As the purposes and scope of the regulation are different, the definition of "pesticide" in the Regulation is therefore different from the one laid down in the Pesticides Ordinance.

The adoption of the definition of "pesticide" from Codex in the Regulation promotes harmonisation between local and international standards. This enables our trading partners to have a better understanding of the scope of our regulatory requirements and facilitate the setting of appropriate MRLs/EMRLs for relevant pesticides under the Regulation.

Under section 54 of the Public Health and Municipal Services Ordinance (Cap. 132), food for sale in Hong Kong, whether it is imported or locally produced, must be fit for human consumption. Food manufacturers should ensure that their products will not be contaminated by pesticides during the manufacturing process.

Section 70 of Cap. 132 stipulates contravention due to some other person and section 71 of Cap. 132 stipulates conditions under which warranty may be pleaded by the defendant as defence. These two sections of Cap. 132 would also be applicable to the offences under the Regulation. Provided that the conditions stipulated in these sections have been proved, the food trade may apply them as defences.

The legal requirement is that food for sale in Hong Kong is fit for human consumption. If members of the public grow crops for their own consumption and do not sell the food, they are not subject to control under the Regulation. However, to safeguard personal health, members of the public should observe good agricultural practices and follow the instructions on the package of the pesticides (including the pre-harvest interval) which they use when growing crops at home.

If CFS has sufficient evidence to prove that the pesticide residues in the food sold in a restaurant breaches the law, the persons concerned including the licensee of the restaurant or the food processing plant, the food supplier, etc. but not the pesticide supplier, will be prosecuted.

How would the Government assist the trade in complying with the Regulation?

The list of MRLs/EMRLs laid down Schedule 1 to the Regulation was formulated based primarily on the available standards recommended by Codex, supplemented by available standards of the Mainland and other major food exporting regions to Hong Kong, while taking into consideration comments received from stakeholders during the public consultation. As such, the trade should be generally familiar with the requirements.  

To allow sufficient time for the trade to comply with the Regulation, there was a two-year grace period prior to the commencement of the Regulation. During this period, CFS  had provided briefings, training and guidelines for different sectors to familiarise them with the Regulation.

Will there be any transitional arrangements for food products (especially for those processed foods with relatively long shelf-lives) that are manufactured before the commencement of the Regulation but imported to Hong Kong after the implementation date?

CFS had provided briefings, training and guidelines for different sectors to familiarise them with the Regulation prior to the commencement of the Regulation. Moreover, there was a two-year grace period so as to allow sufficient time for the trade to comply with the Regulation. The trade should also choose reputable food suppliers who can provide documentary proof on compliance with the Regulation. We therefore consider that it is not necessary to have transitional arrangements for certain food products.

After the commencement of the Regulation, all food, regardless of whether it is imported, its manufacture date and shelf-life, will be subject to the same regulatory control.

Section 70 of the Public Health and Municipal Services Ordinance (Cap. 132) stipulates contravention due to some other person and section 71 of Cap. 132 stipulates conditions under which warranty may be pleaded by the defendant as defence. These two sections of Cap. 132 would also be applicable to the offences under the Regulation. Provided that the conditions stipulated in these sections have been proved, the defendant may apply them as defences.

Under the Regulation, the importer(s)/wholesaler(s) of the food concerned may be prosecuted if the detected level of pesticide residues is found to exceed the specified MRL/EMRL. If a pesticide residue with no specified MRL/EMRL is detected, unless the pesticide is an exempted pesticide, import or sale of the food concerned will only be allowed if the consumption of the food is not dangerous or prejudicial to health. Otherwise, the importer(s)/wholesaler(s) of the food concerned may be prosecuted.
 
Since the list of MRLs/EMRLs laid down in Schedule 1 to the Regulation was formulated based primarily on the available standards recommended by Codex, supplemented by available standards of the Mainland and other major food exporting regions to Hong Kong (including the United States and Thailand), while taking into consideration comments received from stakeholders during the public consultation, the majority of food on sale in Hong Kong should have complied with the requirements of the Regulation.
 
Importers/wholesalers are advised to familiarise themselves with the requirements of the Regulation and to deal with reputable food suppliers who can provide documentary proof on compliance with the Regulation. Importers/wholesalers should also seek clarification from their suppliers when importing food to make sure that the food imported complies with the local legislation (including the Regulation), and keep the relevant transaction documents for record. Where feasible, importers/wholesalers should obtain a documentary proof for the food concerned from the supplier to prove that the food complies with the legislation in Hong Kong.

Section 70 of the Public Health and Municipal Services Ordinance (Cap. 132) stipulates contravention due to some other person and section 71 of Cap. 132 stipulates conditions under which warranty may be pleaded by the defendant as defence. These two sections of Cap. 132 would also be applicable to the offences under the Regulation. Provided that the conditions stipulated in these sections have been proved, the importer/ wholesaler may apply them as defences.

Retailers and vegetable traders should seek clarification from their suppliers to make sure that the food sold complies with the requirements of the local legislation, and keep the transaction documents for record.

Section 70 of the Public Health and Municipal Services Ordinance (Cap. 132) stipulates contravention due to some other person and section 71 of Cap. 132 stipulates conditions under which warranty may be pleaded by the defendant as defence. These two sections of Cap. 132 would also be applicable to the offences under the Regulation. Provided that the conditions stipulated in these sections have been proved, the retailers and vegetable traders may apply them as defences.

Local farmers should only use pesticides that have been registered in Hong Kong and in accordance with good agricultural practices, including the observation of label instructions and the pre-harvest interval. Please refer to AFCD website for more information:
http://www.afcd.gov.hk/english/agriculture/agr_useful/agr_useful_gap/agr_useful_gap.html.

The Government recommends the trade to adopt the control-at-source approach for ensuring food safety. Food traders should understand the origin of the food for sale and the use of pesticide on these food products, choose reputable food suppliers who can provide the necessary documentary evidence, conduct relevant laboratory testing according to their needs, and keep the relevant records. The Regulation covers some 360 pesticides whose residue levels have undergone risk assessment and are considered acceptable to be present in food. Since normally a limited number of pesticides would be applied to individual food crops, the number of residue limits applicable to individual food would be much smaller than the total number of pesticides covered by the Regulation.

The Government has conducted several workshops on pesticide residues testing to discuss the reference testing methods of the major national authorities and international organisations, other reference methods or technical criteria, as well as the related equipment and standard reference materials. The relevant information has already been uploaded onto the website of CFS.

Laboratories could develop testing methods based on the needs, actual requirements, equipment, resources available, and make reference to national or international technical criteria and reference testing method. The Government Laboratory will provide further information and discuss with the trade regarding testing as necessary.

Will the Government specify a limit of detection (LOD) for pesticide-food pairs for which no MRL/EMRL has been specified in the Regulation such that any detectable level of pesticide residues under the LOD would be considered not contravening the Regulation?

Where pesticide residues outside the list are found, unless the pesticide is an exempted pesticide, import or sale of the concerned food will only be allowed if the consumption of the food concerned is not dangerous or prejudicial to health based on risk assessment conducted by CFS. As the Regulation has adopted the risk assessment approach, it is considered not necessary to specify a LOD.

The Government Laboratory will continue to provide technical assistance to private laboratories to familiarise them with the Regulation.

We understand that there are currently a few private laboratories providing testing services for pesticide residues in food in Hong Kong, and at least four of them have been accredited under the voluntary accreditation scheme operated by Hong Kong Accreditation Service to provide such services. Since 2008, the Government Laboratory has outsourced the tests for pesticide residues in food to private laboratories. As such, private laboratories have gained considerable experience in conducting tests for pesticide residues in food.
 
The two-year grace period would allow sufficient time for operators of private laboratories to acquire the necessary facilities to enhance their testing capability. In the meantime, the Government Laboratory would continue to provide technical assistance to private laboratories. 

As most vegetables are imported from the Mainland, the Government Laboratory has also contacted relevant organisations in the Mainland to explore the possibility for them to provide testing services for food traders in Hong Kong. We understand that some laboratories in the Mainland can provide testing services for pesticide residues in food.
 
With the above measures, we are confident that private laboratories would have sufficient capability to meet the demand for testing pesticide residues in food arising from the Regulation.

The Government Laboratory would take reference from the Codex's recommendation on "Portion of Commodities to which Codex Maximum Residue Limits Apply and Which is Analysed" (Ref: Codex Alimentarius Vol. 2, Section 2.1). Codex MRLs are in most cases stated in terms of a specific whole raw agricultural commodity as it moves in international trade. For citrus fruits, the whole fruit will be analysed as the fruit is fully exposed to pesticides during the growing season and the entire fruit (not only the fruit pulp) may be consumed.
 
In some instances, a qualification is included that describes the part of the raw agricultural commodity to which the MRL applies, for example, almonds on a shell-free basis and beans without pods. In other instances, such qualifications are not provided.

The Government has provided education materials via various channels, including the website of CFS, the 24-hour telephone hotline (2868 0000) and other channels (such as the quarterly publication, namely, the Food Safety Bulletin), as well as organised health talks and roving exhibitions to enhance public understanding about the rationale of the use of pesticides in agricultural practices, ways to minimise the health risks due to pesticide residues in food, and the importance of maintaining a balanced diet so as to avoid excessive exposure to specific hazards including chemical ones. Good hygiene practices should be observed and fruits and vegetables should be thoroughly cleansed before consumption. We will continue food safety promotion work in these areas.

Starting from 1 November 2018, pesticide residues in “mungbean sprouts”, “soya bean sprouts” and “lotus tuber” have been included within the scope of Schedule 1 to the Regulation. What are the major changes involved in the new measure?

Pesticide residues in the three food commodities have been included within the scope of Schedule 1 to the Regulation for enhancing regulatory control of pesticide residues in food starting from 1 November 2018. CFS originally conducted risk assessment for all pesticide residues in these food commodities to determine if the consumption of the food concerned is not dangerous or prejudicial to health. After implementing the new measure, 65 MRLs/EMRLs for the food group “Leafy vegetables (including Brassica leafy vegetables)” are applicable to “mungbean sprouts” and “soya bean sprouts”, while 53 MRLs/EMRLs for the food group “Root and tuber vegetables” are applicable to “lotus tuber”.

CFS has been closely monitoring the latest development in Codex’s food classification. Codex added the three food commodities to its food classification in 2017 in which “mungbean sprouts” and “soya bean sprouts” were classified under the food group “Leafy vegetables (including Brassica leafy vegetables)”, and “lotus tuber” was classified under the food group “Root and tuber vegetables”. Given that they are commonly consumed locally, CFS included these three food commodities within the scope of Schedule 1 to the Regulation after taking into account the local situation.

In response to the new measure, CFS made corresponding amendments to the “Guidelines on Food Classification for the Pesticide Residues in Food Regulation (Cap. 132CM)”.

CFS notified relevant stakeholders before implementing the new measure, including to inform the trade by organising Technical Meeting and Trade Consultation Forum in August 2018 and to disseminate relevant information through CFS websites.

Moreover, CFS will take samples of the three food commodities at import, wholesale and retail levels for testing through routine Food Surveillance Programme after the implementation of new measure.