Cap. 132V 《食物攙雜(金屬雜質含量)規例》Food Adulteration (Metallic Contamination) Regulations

生效中

版本日期: 2025-09-05

Cap. 132U

Cap. 132W

Food Adulteration (Metallic Contamination) Regulations

(Cap. 132, section 55(1))

[27 May 1983]

(Format changes—E.R. 4 of 2019)

1. Citation

These regulations may be cited as the Food Adulteration (Metallic Contamination) Regulations.

2. Interpretation

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) 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) maximum level (上限)—see regulation 3; (L.N. 113 of 2018) metal (金屬) includes antimony, arsenic, boron and selenium; (L.N. 113 of 2018) sell (售賣) includes offer, or expose for sale or have in possession for the purpose of sale.

(L.N. 67 of 1985)

3. Food prohibited for sale, etc. if its metal content exceeds certain level

(1)

A person must not import, consign, deliver, manufacture or sell for human consumption any specified food or compounded food which contains a specified metal in excess of the maximum level.

(2)

For paragraph (1)—

(a)

the maximum level of each specified metal in each specified food is specified in Part 2 of the Schedule;

(b)

the maximum level of a specified metal in a specified food that has gone through a process of drying, dehydration or concentration is to be proportionally adjusted according to the change in the concentration of the metal in the food caused by the process.

(3)

For paragraph (1), the maximum level of a specified metal in each specified food applies to—

(a)

the edible portion of the food; or

(b)

if applicable, the portion of the food specified in, or the food in the form specified in, a note referred to in column 4 of Part 2 of the Schedule in relation to the food.

(4)

For paragraph (1), if all ingredients of a compounded food are specified food, the maximum level of a specified metal in the compounded food is the sum of the maximum level of the specified metal in each ingredient multiplied by the proportion, by weight, of the ingredient in the compounded food.

(5)

In this regulation—

compounded food (複合食品) means food containing 2 or more ingredients; ingredient (配料)—(a)means any substance which—(i)is used in the manufacture or preparation of food; and(ii)becomes part of the food as finished, even if in altered form; but(b)excludes any additive within the meaning of regulation 2(1) of the Food and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg. W); specified food (指明食物) means any food specified in column 2 of Part 2 of the Schedule; specified metal (指明金屬) means a metal specified in column 1 of Part 2 of the Schedule.

(L.N. 113 of 2018)

3AA. Food prohibited for sale, etc. if its metal level is dangerous or prejudicial to health

(1)

A person must not import, consign, deliver, manufacture or sell for human consumption any food containing any metal in an amount that is dangerous or prejudicial to health.

(2)

In determining whether an item of food contains a metal in an amount that is dangerous or prejudicial to health, regard must be had to—

(a)

the probable effect of that item on the health of a person consuming it; and

(b)

the probable cumulative effect of food the composition of which is substantially the same as that item on the health of a person consuming the food in ordinary quantities.

(L.N. 113 of 2018)

3A. Application to air transit or air transhipment cargo

(1)

Regulations 3 and 3AA do not apply in relation to the import of any food referred to in those regulations 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 food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulations 3 and 3AA— (L.N. 113 of 2018)

(a)

the food is deemed to be imported at the time of such removal; and

(b)

the person who brought the 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 food at the time of its removal,

and, except to that extent, those regulations have effect as if this paragraph had not been enacted. (L.N. 113 of 2018)

(2)

In proceedings against a person for an offence under regulation 5, being proceedings—

(a)

in relation to the import of any food referred to in regulation 3 or 3AA that is air transit cargo or air transhipment cargo; and (L.N. 113 of 2018)

(b)

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 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.

(3)

Where in any proceedings the defence provided by paragraph (2) involves an allegation that the commission of the offence was due to—

(a)

the act or default of another person; or

(b)

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—

(i)

the person who committed the act or default or gave the information; and

(ii)

the act, default or information,

of which he is aware at the time he serves the notice.

(4)

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—

(a)

the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)

whether he had any reason to disbelieve the information.

(29 of 2000 s. 5)

4. Amendment of Schedule

(L.N. 113 of 2018)

The Director of Food and Environmental Hygiene may, by notice published in the Gazette, amend the maximum levels specified in column 3 of Part 2 of the Schedule.

(L.N. 67 of 1985; L.N. 85 of 1990; 78 of 1999 s. 7; L.N. 113 of 2018)

5. Offences and penalties

Any person who contravenes regulation 3 or 3AA commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.

(L.N. 329 of 1987; L.N. 177 of 1996; L.N. 113 of 2018)

6. Name in which proceedings may be brought

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 prosecutions of criminal offences, prosecutions for an offence under any of the provisions of these regulations may be brought in the name of the Director of Food and Environmental Hygiene.

(L.N. 362 of 1997; 78 of 1999 s. 7)

7.

(Repealed L.N. 140 of 2025)

8. Grace period for importations, consignments, etc. from 5 September 2025 to 5 March 2027

During the period between 5 September 2025 and 5 March 2027 (both dates inclusive), if—

(a)

a person imports, consigns, delivers, manufactures or sells any specified food or compounded food for human consumption; and

(b)

had the person done so immediately before 5 September 2025, the person would not have contravened regulation 3 as in force immediately before that date,

the person does not contravene regulation 3.

(L.N. 140 of 2025)

Schedule — Maximum Level of Metal

[regs. 3 & 4]

Part 1 — Interpretation

1. Interpretation

In this Schedule—

aquatic animals (水生動物)—(a)includes—(i)fish;(ii)crustaceans;(iii)molluscs, including bivalve molluscs, cephalopods, gastropods; and(iv)any other aquatic invertebrate animals; but(b)does not include amphibians, marine mammals or reptiles; follow-up formula (較大嬰兒及幼兒配方產品) has the meaning given by regulation 2(1) of the Food and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg. W); infant formula (嬰兒配方產品) has the meaning given by regulation 2(1) of the Food and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg. W); milk (奶類) means the normal mammary secretion of milking animals that is—(a)obtained from one or more milkings without either addition or extraction; and(b)intended for consumption as liquid milk or for further processing; secondary milk products (二次加工奶製品) means skimmed milk, partly skimmed milk, evaporated milk and milk powder.

Part 2 — Maximum Level of Metal in Food

	Column 1	Column 2	Column 3	Column 4
	Metal	Food	Maximum Level (mg/kg)	Note

1.	Antimony	Vegetables	1
		Cereals	1
		Meat of animal	1	Note 1
		Meat of poultry	1	Note 1
		Fish	1	Note 2
		Crabs, prawns and shrimps	1	Note 3
		Oysters	1
		Bottled or packaged drinking waters, other than natural mineral waters	0.02
		Natural mineral waters	0.005
2.	Arsenic (expressed as total arsenic)	Vegetables	0.5
		Cereals, other than rice	0.5
		Meat of animal	0.5	Note 1
		Edible offal of animal	0.5
		Meat of poultry	0.5	Note 1
		Edible offal of poultry	0.5
		Edible fats and oils, other than fish oil	0.1
		Fat spreads and blended spreads	0.1
		Salt, food grade	0.5
		Bottled or packaged drinking waters, other than natural mineral waters	0.01
		Natural mineral waters	0.01
3.	Arsenic (expressed as inorganic arsenic)	Husked rice	0.35
		Polished rice	0.2
		Aquatic animals, other than fish	0.5	Notes 3, 4, 5 and 6
		Fish	0.1	Note 2
		Fish oil	0.1
		Seaweed	1
4.	Barium	Bottled or packaged drinking waters, other than natural mineral waters	1.3
	Barium	Natural mineral waters	0.7
5.	Boron	Bottled or packaged drinking waters, other than natural mineral waters	2.4
	Boron	Natural mineral waters	5
6.	Cadmium	Vegetables (other than those vegetables specified in this item)	0.1
		Bulb vegetables	0.05
		Brassica vegetables, other than Brassica leafy vegetables	0.05
		Fruiting vegetables, Cucurbits	0.05
		Fruiting vegetables, other than Cucurbits and tomatoes	0.05
		Leafy vegetables (including Brassica leafy vegetables)	0.2
		Legume vegetables	0.1
		Pulses	0.1
		Root and tuber vegetables	0.1
		Stalk and stem vegetables	0.1
		Edible fungi (other than those edible fungi specified in this item)	0.2
		Shiitake mushrooms (Lentinula edodes)	0.5
		Morels (Morchella importuna), shingled hedgehogs (Sarcodon imbricatus), green-cracking russulas (Russula virescens), chanterelles (Cantharellus spp.) and honey mushrooms (Armillaria mellea)	0.6
		Bolete mushrooms (Boletus bainiugan, Lanmaoa asiatica, Sutorius brunneissimus, Rugiboletus extremiorientalis), matsutake mushrooms (Tricholoma matsutake), termite mushrooms (Termitomyces spp.) and tawny milkcaps (Lactarius volemus)	1
		Truffles (Tuber spp.) and himematsutake mushrooms (Agaricus blazei)	2
		Wood ears (Auricularia cornea, Auricularia heimuer) and white jelly mushrooms (Tremella fuciformis)	0.5	Note 12
		Cereals, other than buckwheat, cañihua, quinoa, wheat and rice	0.1
		Wheat	0.2
		Husked rice	0.2
		Polished rice	0.2
		Cocoa powder (100% total cocoa solids on a dry matter basis) ready for consumption	2
		Chocolates containing or declaring ≧ 70% total cocoa solids on a dry matter basis	0.9
		Chocolates containing or declaring ≧ 50% to < 70% total cocoa solids on a dry matter basis	0.8
		Chocolates containing or declaring ≧ 30% to < 50% total cocoa solids on a dry matter basis	0.7
		Chocolates containing or declaring < 30% total cocoa solids on a dry matter basis	0.3
		Meat of cattle, pigs, goat and sheep	0.05	Note 1
		Liver of cattle, pigs, goat and sheep	0.5
		Kidney of cattle, pigs, goat and sheep	1
		Meat of poultry	0.05	Note 1
		Liver of poultry	0.5
		Kidney of poultry	1
		Fish	0.1	Note 2
		Crustaceans	2	Note 3
		Bivalve molluscs	2	Note 5
		Cephalopods	2	Note 4
		Gastropods	2	Note 7
		Salt, food grade	0.5
		Bottled or packaged drinking waters, other than natural mineral waters	0.003
		Natural mineral waters	0.003
7.	Chromium	Vegetables, other than pulses	0.5
	Chromium	Pulses	1
		Cereals	1
		Meat of animal	1	Note 1
		Meat of poultry	1	Note 1
		Fish	1	Note 2
		Crabs, prawns and shrimps	1	Note 3
		Oysters	1
		Bottled or packaged drinking waters, other than natural mineral waters	0.05
		Natural mineral waters	0.05
8.	Copper	Bottled or packaged drinking waters, other than natural mineral waters	2
	Copper	Natural mineral waters	1
9.	Lead	Fruits, other than cranberry, currants and elderberry	0.1
	Lead	Cranberry	0.2
		Currants	0.2
		Elderberry	0.2
		Fruit juices, other than fruit juices exclusively from berries and other small fruits	0.03	Note 13
		Fruit juices exclusively from berries and other small fruits, other than grape juice	0.05	Note 8
		Grape juice	0.04	Note 13
		Canned fruits	0.1	Note 9
		Jams, jellies and marmalades	0.4
		Table olives	0.4
		Mango chutney	0.4
		Bulb vegetables	0.1
		Brassica vegetables, other than Brassica leafy vegetables	0.1
		Fruiting vegetables, Cucurbits	0.05
		Fruiting vegetables, other than Cucurbits	0.05
		Leafy vegetables (including Brassica leafy vegetables), other than spinach	0.3
		Legume vegetables	0.1
		Pulses	0.1
		Root and tuber vegetables	0.1
		Edible fungi (other than those edible fungi specified in this item)	0.5
		Fresh farmed mushrooms (common mushrooms (Agaricus bisporus), shiitake mushrooms (Lentinula edodes) and oyster mushrooms (Pleurotus ostreatus))	0.3
		Honey mushrooms (Armillaria mellea)	0.3
		Bolete mushrooms (Boletus bainiugan, Lanmaoa asiatica, Sutorius brunneissimus, Rugiboletus extremiorientalis), matsutake mushrooms (Tricholoma matsutake), truffles (Tuber spp.), green-cracking russulas (Russula virescens), termite mushrooms (Termitomyces spp.), chanterelles (Cantharellus spp.) and tawny milkcaps (Lactarius volemus)	1
		Wood ears (Auricularia cornea, Auricularia heimuer) and white jelly mushrooms (Tremella fuciformis)	1	Note 12
		Canned vegetables	0.1	Note 9
		Tomatoes, preserved by heat treatment and hermetically sealed	0.05
		Pickled cucumbers (also known as cucumber pickles)	0.1
		Cereal grains, other than buckwheat, cañihua and quinoa	0.2
		Cereal-based food intended to be consumed principally by persons under the age of 36 months	0.02	Note 14
		Canned chestnuts and canned chestnuts puree	0.05
		Coffee beans	0.5
		Coffee beverages	0.2	Note 11
		Meat of cattle, pig, goat and sheep	0.1	Note 1
		Edible offal of cattle	0.2
		Edible offal of pig	0.15
		Meat of poultry	0.1	Note 1
		Edible offal of poultry	0.1
		Poultry eggs	0.2
		Lime preserved eggs	0.2
		Aquatic animals, other than fish, crustaceans and bivalve molluscs	1	Notes 6 and 7
		Fish	0.3	Note 2
		Crustaceans	0.5	Note 3
		Bivalve molluscs	1.5	Note 5
		Tea, Green, Black	5
		Broadleaf Holly leaves	2
		Dried chrysanthemum	5
		Tea beverages made from Tea, Green, Black	0.2	Note 11
		Milk	0.02
		Secondary milk products	0.02	Note 10
		Infant formula and follow-up formula	0.01	Note 10
		Ready-to-eat complementary food (other than cereal-based food) intended to be consumed principally by persons under the age of 36 months	0.02
		Edible fats and oils	0.08
		Fat spreads and blended spreads	0.08
		Salt, food grade, other than salt from marshes, food grade	1
		Salt from marshes, food grade	2
		Sugar-based candies and honey	0.1
		Soft brown sugar, raw sugar and non-centrifugal sugar	0.5
		White sugar, refined sugar, corn syrups and maple syrups	0.5
		Bottled or packaged drinking waters, other than natural mineral waters	0.01
		Natural mineral waters	0.01
		Carbonated beverages	0.2	Note 11
		Wine	0.2
10.	Manganese	Natural mineral waters	0.4
11.	Mercury (expressed as methyl-mercury)	Fish (other than those fish specified in this item), fish balls and fish cakes	0.5	Note 2
		Tuna	1.2	Note 2
		Alfonsino	1.5	Note 2
		Marlin	1.7	Note 2
		Shark	1.6	Note 2
		Orange roughy	0.8	Note 2
		Pink cusk-eel	1	Note 2
12.	Mercury (expressed as total mercury)	Vegetables, other than edible fungi	0.01
		Edible fungi	0.1
		Rice, husked rice, polished rice, maize, maize flour, wheat, wheat flour	0.02
		Meat of animal	0.05	Note 1
		Edible offal of animal	0.05
		Meat of poultry	0.05	Note 1
		Edible offal of poultry	0.05
		Poultry eggs	0.05
		Aquatic animals, other than fish	0.5	Notes 3, 4, 5 and 6
		Milk	0.01
		Secondary milk products	0.01	Note 10
		Salt, food grade	0.1
		Natural mineral waters	0.001
13.	Mercury (expressed as inorganic mercury)	Bottled or packaged drinking waters, other than natural mineral waters	0.006
14.	Nickel	Bottled or packaged drinking waters, other than natural mineral waters	0.07
	Nickel	Natural mineral waters	0.02
15.	Selenium	Bottled or packaged drinking waters, other than natural mineral waters	0.04
	Selenium	Natural mineral waters	0.01
16.	Tin	Canned food, other than canned beverages	250
	Tin	Canned beverages	150	Note 11
17.	Uranium	Bottled or packaged drinking waters, other than natural mineral waters	0.03

Note 1:	Applies to edible portion after removal of bones (if any) and to fat from the meat.
Note 2:	Applies to edible portion after removal of the digestive tract (if any).
Note 3:	Crabs—applies to whole commodity (including the gonads, liver and other digestive organs) after removal of shell and gills.
Note 4:	Cephalopods—applies to edible portion after removal of shell and viscera.
Note 5:	Scallops—applies to edible portion after removal of shell and viscera.
Note 6:	Sea cucumbers—applies to whole commodity after removal of viscera.
Note 7:	Applies to edible portion after removal of shell (if any) and viscera.
Note 8:	Applies to fruit juices (not concentrated) or products reconstituted to the original juice concentration that are ready to drink. Also applies to nectars that are ready to drink.
Note 9:	Applies to fruits or vegetables (as the case may be).
Note 10:	Applies to products that are, or are reconstituted to be, ready to drink.
Note 11:	Applies to beverages that are, or are reconstituted to be, ready to drink.
Note 12:	Applies to products in dried form. (L.N. 140 of 2025)
Note 13:	Applies to—
	(a)	fruit juices (not concentrated) or products reconstituted to the original juice concentration that are ready to drink;
	(b)	nectars that are ready to drink; and
	(c)	fruit juices intended to be consumed principally by persons under the age of 36 months. (L.N. 140 of 2025)
Note 14:	Applies to products that are not reconstituted or otherwise prepared for consumption. (L.N. 140 of 2025)

(Schedule replaced L.N. 113 of 2018. L.N. 140 of 2025)

Editorial Note: The "First Schedule" was repealed and substituted by "Schedule" (see s.10 of L.N. 113 of 2018).

Second Schedule

(Second Schedule repealed L.N. 113 of 2018)