Sweeteners in Food Regulations
(Cap. 132, sections 55 and 143)
[1 January 1970]
(Format changes—E.R. 4 of 2019)
These regulations may be cited as the Sweeteners in Food Regulations.
In these regulations, unless the context otherwise requires—
air transhipment cargo (航空轉運貨物) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5) air transit cargo (航空過境貨物) means any article in transit that is both imported and consigned for export in an aircraft; (29 of 2000 s. 5) article in transit (過境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5) carbohydrate (碳水化合物) means a substance containing only carbon, hydrogen and oxygen, in which the hydrogen and oxygen occur in the same proportion as they do in water; cargo transhipment area of Hong Kong International Airport (機場貨物轉運區) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5) sell (售賣) includes expose or offer for sale or have in possession for sale; sugar (糖) means any soluble carbohydrate sweetening matter; (L.N. 61 of 2010) sweetener (甜味劑) means any chemical compound which is sweet to the taste, but does not include any sugars or other carbohydrates or polyhydric alcohols. (L.N. 225 of 2003; L.N. 61 of 2010)No person shall sell, consign, deliver or import any sweetener for human consumption which is not specified in the Schedule.
No person shall sell, consign or deliver or import any food intended for human consumption containing any sweetener which is not specified in the Schedule.
Regulation 3 does not apply in relation to the import of any sweetener or food referred to in that regulation that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such sweetener or food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3— (L.N. 225 of 2003)
the sweetener or food is deemed to be imported at the time of such removal; and
the person who brought the sweetener or food, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the sweetener or food at the time of its removal,
and, except to that extent, that regulation has effect as if this paragraph had not been enacted.
In proceedings against a person for an offence under regulation 4, being proceedings—
in relation to the import of any sweetener or food referred to in regulation 3 that is air transit cargo or air transhipment cargo; and
in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the sweetener or food was removed from the cargo transhipment area of Hong Kong International Airport,
it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring.
Where in any proceedings the defence provided by paragraph (2) involves an allegation that the commission of the offence was due to—
the act or default of another person; or
reliance on information given by another person,
the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of—
the person who committed the act or default or gave the information; and
the act, default or information,
of which he is aware at the time he serves the notice.
A person is not entitled to rely on the defence provided by paragraph (2) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—
the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
whether he had any reason to disbelieve the information.
Any person who contravenes any of the provisions of regulation 3 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 6 months.
Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences, and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, a prosecution for an offence under these regulations may be brought in the name of the Director of Food and Environmental Hygiene.
Acesulfame Potassium
Alitame
Aspartame
Aspartame-acesulfame Salt
Cyclamic Acid (and Sodium, Potassium, Calcium Salts)
Saccharin (and Sodium, Potassium, Calcium Salts)
Sucralose
Thaumatin
Neotame (L.N. 61 of 2010)
Steviol Glycosides (L.N. 61 of 2010)
(Schedule replaced L.N. 225 of 2003)