Poultry (Slaughtering for Export) Regulations
[28 August 1970]
(Format changes—E.R. 3 of 2023)
These regulations may be cited as the Poultry (Slaughtering for Export) Regulations.
In these regulations, unless the context otherwise requires—
adulterated (經攙雜) in relation to a carcass or poultry product means that a substance—(a)has been mixed with, added to, placed upon or removed from; or(b)has in any manner contaminated,the carcass or poultry product so as to—(i)increase it in bulk or apparent size or otherwise give it a deceptive appearance; or(ii)render it unfit for human consumption; or(iii)injuriously affect its quality, flavour, substance or nature; 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. 6) 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. 6) appropriate authority (適當主管當局) means a person, government department or other body or organization, of a country specified in the First Schedule, appearing to the Director to have administrative control over, or responsibility for, regulating the importation of carcasses and poultry products into the country so specified; 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. 6) carcass (屠體) means the whole or any part of a carcass of slaughtered poultry; 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. 6) condemned (宣告不合格、被宣告不合格) in relation to any poultry, carcass or poultry product, means condemned by an inspector under these regulations; edible (可食用) means suitable and fit for human consumption; employee (僱員) includes every person working in a poultry export factory, whether or not employed by the licensee; equipment (設備) includes all machinery, plant, tools, utensils, implements, conveyor systems, carts, trolleys, trucks, instruments, bins, containers, electrical and gas fittings, taps, faucets, drains, pipes, tanks, cisterns, basins, latrines, urinals, furnishings and other equipment of any kind in a poultry export factory; export (出口、輸出) means to take or send out of Hong Kong by any means; export certificate (出口證明書) means an export certificate or any copy thereof issued by an inspector under regulation 110; food (食物) means food for human consumption; inspector (督察) means a public officer appointed as an inspector under section 17 of the Ordinance; licence (牌照) means a licence granted under paragraph (1) of regulation 5; licensee (持牌人) means a person who holds a licence granted to him and also means a deputy appointed under regulation 10; packing material (包裝物料) includes all material used—(a)to pack or wrap carcasses or poultry products; or(b)to line containers in which carcasses or poultry products are packed; poultry export factory (家禽出口工廠) means a place used or intended to be used for any or all of the following purposes, namely—(a)the slaughter of poultry the carcasses or products of which are intended for export to a country specified in the First Schedule;(b)the inspection or processing of carcasses or poultry products intended for export to such a country; poultry product (家禽產品) means food prepared from edible parts of poultry in combination with other edible substances; premises (處所) includes—(a)all buildings which are part of a poultry export factory; and(b)all loading bays or other places where carcasses or poultry products are loaded into vehicles for removal from a poultry export factory; process (加工處理) includes any act, other than cooking, done in the preparation, preservation or packing of—(a)a carcass; or(b)a poultry product,which is intended for human consumption; unwholesome (不衞生) in relation to a carcass or poultry products means—(a)unsound, injurious to health or otherwise rendered unfit for food;(b)filthy, putrid or decomposed;(c)processed or stored under insanitary conditions so that the carcass or poultry product may become contaminated with filth or be rendered injurious to health; or(d)packaged in a container, wrapper or can composed of or containing any poisonous or deleterious substance which may render the carcass or poultry product injurious to human health.No person shall export, attempt to export or permit the export of, any carcasses or poultry products to a country specified in the First Schedule unless—
the carcasses are of poultry slaughtered in a poultry export factory in accordance with these regulations;
the poultry used in the preparation of the poultry products has been so slaughtered;
the carcasses or poultry products, as the case may be, have been processed and inspected in a poultry export factory in accordance with these regulations; and
at the time when he exports or attempts to export the carcasses or poultry products there exists an export certificate in respect of such carcasses or poultry products.
No person shall—
slaughter poultry the carcasses or products of which he knows are intended to be exported to a country specified in the First Schedule; or
process carcasses or poultry products which he knows are intended to be so exported,
other than in a poultry export factory in accordance with these regulations.
This regulation shall not apply to carcasses imported from, or to poultry products derived from carcasses imported from, a country specified in the First Schedule. (L.N. 226 of 1974)
Regulation 3(1) does not apply in relation to a carcass or poultry product 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 carcass or poultry product is removed from the cargo transhipment area of Hong Kong International Airport, regulation 3(1) has effect as if this paragraph had not been enacted.
Nothing in this regulation precludes the issue of a certificate under regulation 110 for the export of a carcass or poultry product that is air transit cargo or air transhipment cargo only because the carcass or poultry product has been removed from the cargo transhipment area of Hong Kong International Airport.
In proceedings against a person for an offence under regulation 117(2) for a contravention of regulation 3(1), being proceedings—
in relation to the export of a carcass or poultry product 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 carcass or poultry product was removed from the cargo transhipment area of Hong Kong International Airport,
it is a defence for the person to show that he reasonably believed that such removal had not occurred.
Where in any proceedings the defence provided by paragraph (3) 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 (3) 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.
No person shall use or permit the use of any premises as a poultry export factory unless there is in force in respect of such premises a licence.
The Director may, subject to these regulations, grant a licence in respect of the premises referred to in the licence for use as a poultry export factory and may attach to the licence such conditions as he may see fit to impose.
A licence shall be in the form prescribed in the Second Schedule and shall not be transferable.
The Director shall not grant a licence unless he is satisfied that—
the site of such premises is suitable for the establishment and maintenance thereon of a poultry export factory, having regard to all the circumstances and in particular to—
the present use of land or premises near the site;
the availability of satisfactory electricity and potable water supplies and of a hygienic sewage disposal system capable of adequately serving the proposed poultry export factory; and
the requirements of these regulations and of any other enactment;
the applicant has obtained all permits, approvals, consents and licences required under any enactment or Government lease in connexion with the construction, reconstruction, alteration, adaptation and the use of the premises as the case may be, as a poultry export factory; (29 of 1998 s. 105)
the premises if constructed, reconstructed, altered or adapted in accordance with any specifications, plans and diagrams delivered to him under paragraph (1) of regulation 6 and approved by him, will comply with these regulations;
the premises—
are suitable for use as a poultry export factory;
are clean and in a good state of repair; and
have not been constructed, reconstructed, altered, adapted or equipped otherwise than in accordance with these regulations and any specifications, plans and diagrams delivered to and approved by the Director in connexion with the application for the licence;
the equipment in the premises is in a good state of repair and in proper working order; and
the applicant is a fit and proper person to be granted the licence.
A licence shall—
clearly identify the premises in respect of which it relates;
bear a number which shall appear on every licence which may thereafter be granted under these regulations in respect of the premises to which the licence relates;
bear the full name of the licensee; and
remain in force until it is surrendered or revoked.
An application for a licence shall be made—
by delivering to the Director—
an application in writing in such form as the Director may require; and
such specifications, plans and diagrams of the proposed poultry export factory and the equipment to be installed therein as the Director may require; and
by payment to the Director of a fee of three hundred dollars for the inspection of premises on the application for a licence.
Every document delivered by the applicant to the Director under this regulation or pursuant to any requirements of the Director under these regulations shall be certified under the hand of the applicant as true and accurate.
Subject to paragraph (2) the Director may revoke a licence—
if the premises in respect of which the licence is granted are reconstructed, altered or adapted without the consent in writing of the Director; or
if the grant of the licence has to any material extent been induced by a misrepresentation, whether fraudulent or innocent, made to the Director by or on behalf of the applicant for the licence;
if the applicant failed to disclose to the Director any material fact relevant to the granting of the licence—
of which the Director was not aware when the licence was granted; and
which, if it had been disclosed to the Director before the licence was granted might have caused the Director to withhold the grant of the licence;
in the event of a contravention of these regulations or of the conditions of the licence—
by the licensee; or
for the occurrence of which the licensee was, in the opinion of the Director, either wholly or partly responsible;
in the event of the failure of the licensee to comply with any direction or requirement of the Director or an inspector under these regulations;
if the licensee or, where the licensee is a corporation or firm, any director of the corporation or partner of the firm is convicted of—
an offence triable on indictment which in the opinion of the Director renders the licensee unfit and not a proper person to continue to hold a licence;
an offence under these regulations; or
an offence under any other enactment in relation to the slaughter of poultry, or the processing, handling or storage of carcasses or poultry products.
The Director shall not revoke a licence under paragraph (1) unless—
he has first called upon the licensee to show cause within such reasonable period of time as the Director may allow, as to why the licence should not be revoked; and
the licensee either fails within the time allowed to show cause or shows cause which, in the opinion of the Director, is inadequate.
Upon the revocation of a licence under this regulation, the Director shall immediately cause to be served upon the licensee, either personally or by registered post, a notice in writing specifying the general grounds for the revocation.
Failure to comply with paragraph (3) shall not affect the validity of the revocation of the licence.
A licensee may surrender any licence granted to him by—
giving notice to the Director in writing of the proposed surrender; and
delivering to the Director the licence which is to be surrendered.
A notice referred to in subparagraph (a) of paragraph (1) may specify the date when the surrender of the licence is to take effect.
Subject to paragraph (4), the surrender of a licence shall take effect either—
upon the date specified in the notice, being a date not earlier than the date of receipt of the notice by the Director; or
if no such date is so specified, then upon receipt of the notice by the Director.
Notwithstanding paragraph (3), the surrender of a licence shall not take effect until after the licensee has delivered the licence to the Director.
Upon the revocation or surrender of a licence the Director shall promptly notify the appropriate authority in each of the countries specified in the First Schedule—
of such revocation or surrender;
in case of revocation of a licence, of the reason for the revocation and the date thereof;
in case of surrender of a licence, of the date when the surrender took effect.
A licensee intending to leave Hong Kong shall—
before so leaving inform the Director in writing—
of the date when he intends to leave; and
as to whether or not he intends to return to Hong Kong; and
if he intends to return to Hong Kong and if so required by the Director, appoint a deputy willing to act on his behalf, who has authority to act on behalf of the licensee in respect of all matters relating to the poultry export factory of the licensee for so long as the licensee is absent from Hong Kong.
Without prejudice to regulation 7, if a licensee—
leaves Hong Kong without first complying with subparagraph (a) of paragraph (1);
fails to appoint a deputy under subparagraph (b) of paragraph (1) when so required by the Director;
leaves Hong Kong having informed the Director in writing that he does not intend to return to Hong Kong; or
is absent from Hong Kong for more than six consecutive months,
the Director may revoke the licence granted to the licensee.
If at the time of the grant of a licence the premises in respect of which the licence is granted already contain carcasses or poultry products such carcasses or poultry products—
shall be removed from the premises under the supervision of an inspector before the inspection and slaughter of poultry is commenced under these regulations; and
shall not be represented or dealt with as having been inspected under these regulations.
The premises shall be—
separate and distinct from any other premises or place habitually used for—
the slaughter of animals or poultry; or
the preparation for human consumption of the carcasses of animals or poultry; and
constructed and properly screened to the satisfaction of the Director, so as to prevent, so far as practicable, the entry of rats, mice and other vermin and the entry of flies and other insects.
All doors shall be close fitting and equipped with effective self-closing devices so as to prevent, so far as practicable, the entry of rats, mice and other vermin.
Rooms or compartments where poultry is—
held before slaughter;
slaughtered; or
plucked,
shall be separate and distinct from other rooms or compartments in the premises where other stages in the processing of carcasses or poultry products are carried out, or where carcasses or poultry products are inspected or stored.
Such separate rooms and compartments shall be provided in the premises as, in the opinion of the Director, may be required for the processing of poultry in a hygienic manner.
Provision shall be made to the satisfaction of the Director, for the storage of accumulated refuse until disposal either—
in a separate refuse room which—
is properly ventilated;
has tightly fitting doors; and
is provided with proper drainage and facilities for washing down; or
outside the premises, in a properly constructed hygienic bin or container of adequate size, situated at such distance from the premises as may be necessary to ensure that there is no risk of contamination of any part of the premises or of the carcasses or any poultry product therein.
A refuse room shall have—
a floor which is impervious to moisture;
walls which are—
impervious to moisture up to a height of 1.8 metres; and (L.N. 60 of 1981)
resistant to moisture above that height; and
a ceiling which is resistant to moisture.
A separate room or compartment shall be provided which is—
of sufficient size to hold all carcasses which for any reason may be required to be held pending further post-mortem inspection in accordance with regulation 86;
so equipped that it may be securely locked; and
located as the Director may require.
Coolers and freezers shall be—
of such construction, design, size and capacity as to enable regulations 92 and 97 to be complied with; and
equipped with floor racks, pallets or other means of ensuring to the satisfaction of the Director that carcasses or poultry products stored therein will be maintained in a wholesome condition.
Freezing rooms shall have forced air circulation.
An efficient incinerator, situated at such distance from the premises as the Director may require, shall be provided for the disposal of refuse, and of carcasses and poultry products condemned by an inspector.
The premises and the equipment therein shall be maintained by the licensee in a good state of repair and in a clean and hygienic condition.
The storage and supply rooms and the equipment therein shall be kept dry.
If a boiler is installed in the premises, it shall be so placed that dirt and objectionable odours or fumes from it cannot enter any part of the premises where carcasses or poultry products are processed, inspected, handled or stored.
The licensee shall provide in the premises, without charge, and to the satisfaction of the Director—
suitable office accommodation together with adequate furniture, lighting and heating for such accommodation;
washing facilities;
sanitary conveniences; and
cupboards or lockers for clothing,
for use by the Director, inspectors and other public officers when performing their duties or exercising their powers under the Ordinance.
Every bath or shower room and all toilet accommodation which opens directly into rooms where carcasses or poultry products are exposed shall be—
fitted with self-closing doors; and
adequately ventilated to the outside of the premises only.
No person shall eat food in any part of the premises where poultry is inspected, processed, handled or stored.
In any room where carcasses or poultry products are inspected, processed, handled or stored—
the floor shall be so constructed or finished that it is impervious to moisture and may be easily and thoroughly cleaned;
the walls, partitions, doors and posts shall be smooth and constructed of materials which are—
impervious to moisture up to a height of 1.8 metres above the floor; and (L.N. 60 of 1981)
resistant to moisture above that height; and
the ceilings shall be moisture resistant, and so finished and sealed as to prevent—
penetration by; and
the accumulation thereon of,
dust and dirt from any source.
There shall be an efficient drainage and plumbing system for the premises and, so far as may be necessary, for the equipment.
Such drains, pipes, gutters, traps and vents shall be installed and fitted as the Director may, in respect of any particular premises or equipment, require.
The drainage and plumbing systems shall be so constructed and maintained as to provide quick run-off for all water from the premises and equipment, and of all surface water in and around the premises.
Provision shall be made for the disposal of all surface water and waste water so that it will not create a nuisance or hazard to health.
The sewage system shall have sufficient fall and capacity to—
carry away efficiently all waste from processing operations; and
prevent, so far as possible, blockage or over-load of the system.
Traps in the sewage system—
shall not be located near any part of the premises where carcasses or poultry products are—
inspected, processed, handled or stored; or
loaded into vehicles for removal from the poultry export factory;
shall be fitted with covers; and
shall be so constructed that they may be readily cleaned out.
In areas of the premises which are required to be washed down frequently, every floor drain shall be—
equipped with a deep seal trap; and
so installed that effluent cannot back up and flood the floor.
Floor drains in areas of the premises which do not require to be washed down at frequent intervals, need not be equipped with deep seal traps if—
the Director is satisfied that the traps are unnecessary; and
the floor drains are connected to a secondary drainage system which in turn discharges into a properly trapped and vented expansion chamber in such manner that if any back up occurs no effluent will enter the premises.
Drainage from latrines and urinals—
shall be by means of separate soil pipes until the effluent passes outside the premises;
shall not discharge into a grease trap; and
shall not enter the sewer lines at a point where there is a possibility of the effluent backing up and flooding the floor of the premises.
The premises shall be provided throughout with an ample piped supply of fresh clean potable water which shall be—
delivered throughout the premises under adequate pressure; and
protected against pollution.
The licensee shall, whenever so directed by the Director, provide such evidence as may be necessary to satisfy the Director of the potability and purity of the water supply in the premises.
In every place where it is necessary for the proper cleaning of the premises and equipment—
an adequate supply of hot water; and
hot water hose connexions,
shall be provided to the satisfaction of the Director.
Toilet accommodation shall be provided which is equipped with—
lavatory basins and urinals to a standard and of a number not less than that required in respect of industrial undertakings by the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub. leg. I); (E.R. 3 of 2023)
an adequate number of washbasins with an ample and constant supply of hot and cold water; and
metal containers for the reception of used towels and other waste.
The licensee shall provide and maintain an adequate supply of hand towels and soap in the toilet accommodation.
Facilities for cleaning utensils and washing hands shall be provided at such places in the premises as the Director may require.
Durable signs written in Chinese characters, requiring employees to wash their hands before returning to work, shall be posted and maintained in a conspicuous place in all toilet accommodation.
The licensee shall keep toilet accommodation and the lavatory basins, urinals, washbasins and other sanitary equipment in the premises clean and in good repair and working order.
Adequate facilities shall be provided in the premises—
for the storage of overalls, aprons and other working clothing;
for the storage of the clothing of employees;
for employees to change their clothing; and
if so required by the Director, for incubating and testing canned carcasses and poultry products in accordance with paragraphs (9) and (10) of regulation 98.
A sufficient number of containers shall be provided for the temporary storage of soiled linen, overalls, aprons and other items of working clothing.
Clothing shall not be stored in rooms or compartments where carcasses or poultry products are inspected, processed, handled or stored.
Adequate and effective lighting, whether natural or artificial or a combination of both, shall be provided throughout the premises.
All working surfaces in rooms where poultry is slaughtered or carcasses or poultry products are processed or handled shall receive illumination the intensity of which is not less than 320 lux. (L.N. 60 of 1981)
At all parts of the premises used for the inspection of poultry, carcasses or poultry products, the light intensity on working surfaces shall be not less than 540 lux. (L.N. 60 of 1981)
All windows and skylights used for lighting the premises shall, so far as practicable, be kept clean and free from obstruction.
Notwithstanding paragraph (4), any window or skylight may, if necessary, be whitewashed or shaded to mitigate heat or glare.
All rooms and cubicles in which—
poultry is slaughtered; or
carcasses or poultry products are inspected, processed, handled or stored,
shall be effectively ventilated by the circulation of fresh air, so that—
objectionable odours are eliminated;
moisture condensation is prevented; and
so far as possible, all particles of feathers, down, hair, dust and other impurities which may be injurious to human health are rendered harmless.
Equipment including equipment used for or in connexion with the—
slaughter of poultry;
processing of carcasses or poultry products; or
handling of carcasses or poultry products, or of condemned carcasses or poultry products,
shall be—
conveniently located and suitable for the purposes for which it is intended to be used; and
so designed, constructed and installed that it can be easily and thoroughly cleaned.
The Director may direct the licensee to remove from the premises any equipment which in the opinion of the Director—
is unsuitable for the purpose for which it is intended to be used; or
is in an unhygienic condition.
Equipment used for the conveyance, handling or reception of condemned carcasses or condemned poultry products—
shall be distinctly and conspicuously marked with the Chinese character “不宜食用”; and
shall not be used for any other purpose.
Scalding vats shall—
be so constructed and installed as to—
prevent contamination of pipes used to convey potable water; and
permit water to enter the vats continuously at a rate which will ensure satisfactory and hygienic scalding of poultry;
be provided with overflow outlets of sufficient size to enable feathers and water to be readily carried away; and
discharge only into a floor or valley drain or on to the floor in close proximity to such a drain.
Ice shovels shall be smooth surfaced and made of rustproof impervious material.
If poultry is to be wax dipped—
hygienic metal troughs shall be provided to catch any wax from the poultry; and
only methods approved by the Director shall be employed in reclaiming the wax for re-use.
Suitable rustproof metal trays, of a design and construction approved by the Director, shall be provided in sufficient numbers to enable each carcass to be eviscerated and kept on an individual tray until post-mortem or further post-mortem inspection is carried out.
The trays shall be so designed and constructed as to ensure that—
after evisceration, the identity of the viscera with the carcasses from which they have been removed can be maintained; and
blood is not liable to spill from the trays during inspection or normal handling.
If an overhead mechanical conveyor system is used for transporting carcasses or poultry products within the premises it shall be so designed, constructed and maintained that it can be used to convey the carcasses and poultry products together with the trays upon which they may be placed, in a secure and hygienic manner.
Conveyor belts used for moving plucked carcasses and poultry products shall be of non-metallic waterproof material.
Chilling and defrosting tanks shall be—
made of metal or other suitable material which is impervious to moisture;
of seamless construction, with the edges rolled outwards; and
of such a size that a person may empty the tanks without having to climb inside them.
Such cutting, eviscerating and inspection tables shall be provided at suitable locations in the premises as the Director may require.
All tables used for the inspection or processing of carcasses or poultry products shall—
be made of rustproof metal or such other smooth impermeable material as the Director may approve; and
be so constructed that they may be thoroughly and easily cleaned at frequent intervals.
Water spray equipment for washing both inside and the outside surfaces of carcasses, shall be—
installed in the premises;
of a design and type approved by the Director for installation in the premises; and
so installed and maintained that it has sufficient water pressure at all spray outlets to enable the carcasses to be thoroughly and efficiently washed.
Such equipment suitable for sterilizing knives and other equipment shall be provided in the premises as the Director may require.
Watertight containers for the reception of condemned carcasses, condemned poultry products and all viscera and other waste which may result from processing operations shall be provided in the premises at such locations as the Director or an inspector may require.
The containers, and any trolleys used to convey or hold condemned carcasses or condemned poultry products, shall be so constructed of metal, or other material approved by the Director, as to be capable of being thoroughly and easily cleaned by washing.
The containers shall be equipped with means for securely locking or sealing them.
If carcasses or poultry products are to be preserved by freezing—
refrigerators; and
freezing plant and equipment,
of a type, design, manufacture and capacity approved by the Director for the purpose shall be provided in the premises.
Machinery for plucking or stubbing carcasses, if provided, shall be constructed and installed in such a manner that any accumulations of feathers may be easily removed therefrom.
Except with the permission in writing of the Director, equipment used for handling or preparing substances not intended for human consumption shall not be used in any part of the premises where carcasses or poultry products are inspected, processed, handled or stored.
The licensee shall not, except with the approval in writing of the Director, reconstruct, alter, or adapt, or suffer or permit the reconstruction, alteration or adaptation of any premises in respect of which a licence is in force.
The licensee shall ensure that premises and the equipment therein are kept—
free from refuse and other waste; and
so far as is practicable, free from—
loose feathers; and
objectionable odours and conditions.
Poultry batteries and dropping pans shall be cleaned and disinfected regularly with a disinfectant of a type and strength by volume approved by the Director.
All poultry droppings shall be removed from the premises daily.
When in use, scalding vats shall be completely emptied and thoroughly cleaned not less frequently than once every day.
Equipment used in the slaughter of poultry or in the processing of carcasses or poultry products in a room in which poultry is being slaughtered, plucked or stubbed, shall be thoroughly cleaned at least once each day.
Tanks used for chilling or defrosting carcasses or poultry products shall—
be emptied after each occasion in which they are used;
except when the same carcasses or poultry products are held therein for more than twenty-four hours, be thoroughly cleaned at least once each day when in use; and
if the same carcasses or poultry products are held therein for more than twenty-four hours, be thoroughly cleaned after emptying.
If a carcass or poultry product comes directly into contact with—
a tray; or
any part of the surface of a conveyor belt,
no other carcass or poultry product may be placed thereon until the tray or that part of the conveyor belt has been thoroughly washed.
After washing, equipment which comes into contact with carcasses or poultry products shall be allowed to drain thoroughly under hygienic conditions, and shall not be stacked.
Clean and hygienic methods shall be used for inspecting, processing, handling and storing carcasses and poultry products, and shall be carried out in such a way that, so far as possible, all carcasses and poultry products remain wholesome and unadulterated.
The licensee shall ensure that no carcass, poultry product, meat or product of any animal, is brought into a poultry export factory.
Substances which may create objectionable conditions or odours shall not be handled or stored in, or in close proximity to, any room, compartment or other place in the premises where carcasses or poultry products are inspected, processed, handled or stored.
All offal and other waste resulting from the evisceration and beheading of carcasses shall be removed from the premises each day, or more often if it is necessary to do so in order to keep the premises in a hygienic state.
The licensee shall ensure that every container in which carcasses or poultry products are packed and all other packing materials are—
clean;
hygienic;
free from objectionable odours and substances;
of sufficient strength and durability to protect adequately carcasses and poultry products during normal handling, transportation and shipping; and
of a type approved by the Director.
Stocks of packing materials shall be—
kept in a clean dry store until required for use; and
handled in a hygienic manner and as little as possible.
The licensee shall ensure that before removal from a poultry export factory, carcasses and poultry products are packed in such a manner that they will be adequately protected during normal handling, storage, shipping or other means of transportation, against contamination by water, insects, rodents, dust, dirt or objectionable or unhygienic bodies or substances.
Material used to line containers in which carcasses or poultry products are packed shall be strong and of such a nature that—
it will not tear easily; and
it will remain intact if exposed to moisture from carcasses or poultry products.
Unless the carcasses or poultry products are canned or individually wrapped, the containers in which they are packed shall be lined throughout.
The licensee shall provide free of charge to every employee—
clean protective clothing of a type approved by the Director; and
a cap or other suitable head covering to prevent hair coming into contact with or contaminating the carcasses or poultry products.
The licensee shall, at his own expense, launder the protective clothing, caps and head coverings so provided, as often as may be necessary, to ensure that they are kept clean and in a hygienic state.
Every employee who has been provided with protective clothing, a cap or a head covering under paragraph (1), shall—
wear it at all times when working in the premises; and
keep it as clean as is consistent with the nature of his work.
No person shall—
use tobacco;
spit; or
do any other act which is unhygienic, in any part of the premises where—
poultry is slaughtered; or
carcasses or poultry products are inspected, processed, handled or stored.
Any employee who—
has a septic cut, boil, carbuncle or open sore on his hand or on any exposed part of his body;
is suffering from diarrhoea or vomiting;
has a septic discharge from his ears or eyes; or
has reason to believe that he may be a carrier of tuberculosis, cholera, typhoid, paratyphoid, dysentery organisms or of a food poisoning or enteric infection,
shall immediately inform the licensee, and shall refrain from handling—
poultry, carcasses or poultry products; and
equipment which is likely to come into contact with poultry, carcasses or poultry products.
Except with the permission in writing of a health officer, no licensee shall permit an employee who he knows or has reason to believe may be suffering from any of the conditions or complaints referred to in paragraph (2) to—
handle poultry, carcasses or poultry products, or equipment or packing materials likely to come into contact with poultry, carcasses or poultry products; or
be present in any part of the premises where carcasses or poultry products are exposed or handled.
Every employee engaged in handling carcasses or poultry products shall, when so engaged—
keep his hands, finger nails and all parts of his person which are liable to come into contact with carcasses or poultry products, as clean as is reasonably practicable;
wash his hands thoroughly immediately after—
using the toilet; and
changing his clothing.
Without prejudice to paragraph (b) of regulation 12 and to regulation 13, the licensee and every employee shall take all practical precautions to exclude flies, rats, mice and other insects and animals from all parts of the premises where carcasses or poultry products are exposed, inspected, processed, handled or stored.
The licensee shall ensure that no person uses any germicide, insecticide, disinfectant, rodenticide, detergent, wetting agent (except pure potable water) or other similar substance in the premises unless the Director has approved—
the type, formula and concentration of the substance used; and
the manner in which, and the purpose for which, it is used.
The licensee shall ensure that no person uses any substances or ingredients in the processing of carcasses or poultry products in a poultry export factory unless such substances or ingredients are—
clean;
wholesome; and
edible.
An employee who—
permits a carcass or poultry product in the premises to touch the floor or ground; or
has reason to believe that a carcass or poultry product in the premises may have touched the floor or ground, or may be contaminated, unwholesome or adulterated,
shall—
keep the carcass or poultry product separate so as to maintain its identity;
immediately report the occurrence or his belief to an inspector; and
when required by the inspector, clearly identify to the inspector the carcass or product in respect of which he has made the report.
The inspector shall carefully inspect every carcass or poultry product in respect of which a report is made under paragraph (1), and shall condemn such carcass or product unless he is satisfied, having regard to all the circumstances and to his inspection, that it is—
wholesome; and
unadulterated.
No person shall use, or permit to be used, a vehicle for conveying carcasses or poultry products processed in a poultry export factory, unless—
the vehicle is clean and in a hygienic state; and
such use of the vehicle has been approved by the Director.
Subparagraph (b) of paragraph (1) shall not apply in respect of the conveyance in a vehicle of carcasses or poultry products which are in hermetically sealed cans.
The Director shall refuse to approve the use of a vehicle for the conveyance of carcasses or poultry products unless—
the tray or load-carrying part of the vehicle—
is provided with a permanently fixed cover; or
is equipped with some means, approved by the Director, for protecting and preventing contamination of carcasses and poultry products carried thereon; and
the vehicle is, in the opinion of the Director, suitable in every respect for the conveyance of carcasses and poultry products.
All inspections under these regulations shall be carried out by inspectors.
The licensee shall ensure that no poultry is slaughtered in a poultry export factory unless it has first been inspected ante mortem.
Ante-mortem inspection of poultry shall be carried out not more than six hours before slaughter.
The licensee shall ensure that no person brings live poultry into any part of the premises other than the slaughter room.
No person shall bring—
any live poultry into or permit any live poultry to enter the slaughter room unless such poultry has first undergone ante-mortem inspection and has not been condemned;
any carcass into the slaughter room.
Poultry shall be presented for ante-mortem inspection in batteries, coops, cages or other containers which shall be—
constructed;
situated; and
lighted,
so that the inspector can clearly see and examine the poultry to the extent necessary to carry out a thorough ante-mortem inspection.
On ante-mortem inspection, poultry which is clearly suffering from—
any disease; or
any condition which would necessitate condemnation of the carcass on post-mortem examination,
shall be condemned.
Poultry condemned on ante-mortem inspection immediately after being so condemned shall—
be tagged by the inspector as condemned; and
be disposed of by the licensee in accordance with the conditions attached to the licence.
The licensee shall ensure that no person removes, except with the permission in writing of an inspector, from the premises any poultry condemned on ante-mortem inspection.
Poultry, which on ante-mortem inspection is suspected to be, but is not clearly suffering from—
a disease; or
a condition which might cause the carcass to be condemned on post-mortem examination,
shall be—
classed and tagged by the inspector as suspect;
segregated from the other poultry; and
held for separate slaughter, evisceration and post-mortem inspection.
Poultry so classed as suspect—
shall be slaughtered at a different place or time from poultry which has been passed on ante-mortem inspection; and
unless on post-mortem inspection it is found to be free from disease, wholesome, unadulterated and fit for human consumption, shall be—
kept apart from other carcasses and poultry products; and
so handled that there is no risk of it infecting or contaminating other carcasses or poultry products.
On ante-mortem inspection, poultry found by an inspector to be free from—
disease; and
any condition, which on post-mortem inspection might cause the carcass to be condemned,
shall be classed as passed.
Poultry so classed shall be—
kept segregated from poultry which has not been inspected ante-mortem; and
submitted for further ante-mortem inspection if not slaughtered within six hours after undergoing ante- mortem inspection.
Poultry shall not be slaughtered if it has had access to food or has fed during the twenty-four hours immediately preceding the time of its intended slaughter.
Poultry shall be slaughtered in accordance with good commercial practice in a manner which will result in thorough bleeding of the carcasses and so that breathing stops before scalding.
Poultry which has been classed as passed on ante-mortem inspection shall be slaughtered in the slaughter room and not elsewhere in the premises.
This Part shall not apply in respect of poultry condemned on ante-mortem inspection.
After slaughter, carcasses shall be immediately—
removed from the slaughter room;
scalded;
rough plucked; and
thoroughly bled.
As soon as rough plucking and bleeding has been completed, the carcasses shall be—
removed to a room, not being a room where slaughtering, scalding, rough plucking or bleeding is carried out; and
thoroughly stubbed so that—
protruding pinfeathers are removed; and
the carcasses have a generally clean appearance, especially on the breast.
Subject to paragraph (4), after stubbing and before final washing and chilling, every carcass shall be—
singed, so that the vestigial feathers, including hair and down, are removed; and
vented, so that no faeces remain in the cloaca.
Food remaining in the crop shall be removed, but without making any incision.
The head of every carcass shall be thoroughly washed to clean all—
food from the mouth; and
blood from the head and mouth.
If a carcass is to be warm-eviscerated, it shall not be necessary to comply with paragraph (1) until after evisceration.
Subject to the directions of an inspector, the feet, viscera and head of a carcass shall not be removed otherwise than at the time of the post-mortem inspection of the carcass.
The licensee shall ensure that no person removes from the premises—
any carcass unless it has undergone post-mortem inspection; or
except with the permission in writing of an inspector, any carcass condemned on post-mortem inspection.
Every carcass shall be inspected post mortem.
Post-mortem inspection shall not be carried out in—
a slaughter room; or
a room where poultry is plucked.
Every carcass shall be—
presented for post-mortem inspection suspended head downwards or in such other manner as an inspector may require; and
opened so that the internal organs and body cavity are exposed.
Before evisceration, the inspector shall make a preliminary post-mortem inspection of each carcass so presented.
After completion of the preliminary post-mortem inspection the viscera and head shall be—
removed from the carcass;
put in a separate container; and
kept separate from the viscera and heads of other carcasses until completion of—
the post-mortem inspection; or
the further post-mortem inspection, in the case of a carcass tagged as suspect under paragraph (1) of regulation 86,
in such a manner as to preserve their identity with the carcass from which they have been removed.
Post-mortem inspection shall be completed by a thorough examination of the viscera after removal from the carcass.
Subject to paragraphs (2), (3) and (4), upon post-mortem inspection, a carcass found to be—
adulterated;
diseased;
unwholesome;
badly bruised;
contaminated by—
volatile oil of any kind;
poison;
gas;
scald water in the air sac system; or
a substance which may render the carcass unwholesome;
overscalded, so that the flesh has a cooked appearance;
affected by any deleterious post-mortem changes; or
greenstruck,
shall be condemned.
A carcass which upon post-mortem inspection shows evidence of being affected by—
tuberculosis;
erythroblastosis, granuloblastosis, neurolymphomatosis gallinorum or other form of—
lymphomatosis;
myelocystomatosis; or
fowl leukosis;
septicaemia or other toxaemic disease;
an abnormal physiological state;
a disease characterized by the presence in the flesh of organisms or toxins dangerous to a person who may eat it;
an inflammatory process or systemic disturbance;
a tumour; or
parasitic infestation or any lesions of such infestation,
shall be condemned.
If an inspector is of the opinion that—
poultry has died other than by slaughter in accordance with these regulations; or
a carcass is for any reason unfit or unsuitable for human consumption,
it shall be condemned.
An inspector shall condemn all carcasses and any poultry products which, in his opinion, may have been contaminated by—
flood water; or
polluted water.
No incisions shall be made in a carcass except to the extent necessary for processing and post-mortem inspection.
A carcass shall be incised in such a manner that—
the skin between the thighs and rib cage will not be cut or torn open during withdrawal of the viscera;
the thigh areas are not opened;
the flesh at the posterior of the keel will not be exposed.
If after conducting the post-mortem inspection, the inspector is uncertain whether or not a carcass ought to be classed as passed, he shall immediately tag it as suspect.
A carcass so tagged shall—
be removed as soon as possible to a room or compartment provided under regulation 16 for further post-mortem inspection;
be retained for further inspection; and
undergo such further post-mortem inspection as an inspector may consider necessary.
Upon further post-mortem inspection—
if the inspector is satisfied that the carcass is—
wholesome;
unadulterated; and
edible,
the tag shall be removed from the carcass which shall be classed as passed; or
if the inspector is not so satisfied, he shall condemn the carcass.
Subject to regulation 88, on post-mortem inspection, if a carcass is found to be—
wholesome;
unadulterated; and
edible,
the inspector shall class it as passed.
Without prejudice to any other regulation, every carcass and every poultry product may be inspected in the premises whenever and as often as an inspector may require.
On an inspection under paragraph (1), if the inspector finds that a carcass or poultry product is—
unwholesome;
adulterated; or
inedible,
such carcass or product shall be—
condemned and tagged by him as condemned;
placed in a container provided under regulation 40; and
disposed of or treated in accordance with regulation 91.
A carcass condemned on post-mortem or further post-mortem inspection shall—
immediately after being so condemned, be tagged by the inspector as condemned;
be placed, with the viscera thereof, in a container provided under regulation 40;
be removed as soon as is reasonably practicable from the room where the post-mortem or further post-mortem inspection was carried out; and
be disposed of or treated in accordance with regulation 91.
No compensation shall be payable under these regulations in respect of any carcasses or poultry products, condemned by an inspector under these regulations.
The licensee shall ensure that every carcass and every poultry product condemned on inspection under these regulations are—
disposed of by thorough incineration; or
treated with a liberal application of—
crude carbolic acid;
kerosene;
diesel oil;
used sump oil; or
such other substance as may be approved for the purpose by the Director.
Immediately after post-mortem or further post-mortem inspection, every carcass classed as passed shall be—
subjected to a final thorough washing by passing it through a system of sprays delivering an abundant supply of fresh potable water either under pressure or with a scrubing action;
drained; and
chilled in accordance with a hygienic method of chilling approved by the Director.
The internal body temperature of every carcass shall—
be reduced during the initial period of chilling to not higher than 5oC; and
subject to paragraph (3), be maintained after the initial period of chilling at not higher than 5oC—
until the process of preserving the carcass in accordance with Part VII is commenced; or
if the carcass is to be used in the preparation of a poultry product, until the carcass is used in the preparation of such product.
Notwithstanding subparagraph (b) of paragraph (2), after the initial period of chilling and before the process of preserving the chilled carcass in accordance with Part VII is commenced, subject to paragraph (4), during packing or further processing of the carcass, the internal body temperature thereof may be allowed to rise to not higher than 13oC.
If during—
further processing or packing the internal body temperature of the carcass; or
preparation of a poultry product the internal temperature thereof, (L.N. 336 of 1990)
has been allowed to rise above 5oC the carcass or poultry product, as the case may be, shall immediately after such further processing, packing or preparation be refrigerated so that the internal body temperature of the carcass or the internal temperature of the poultry product is promptly lowered to 5oC or below.
Paragraph (4) shall not apply in the case of—
a carcass which is to be preserved in accordance with Part VII immediately after it has been further processed or packed; or
a poultry product which is to be preserved in accordance with Part VII immediately after it has been prepared.
The initial period of chilling referred to in paragraph (2) shall not last longer than—
four hours in the case of a carcass the weight of which does not exceed 2 kilograms; or
six hours in the case of a carcass which exceeds 2 kilograms.
The weights mentioned in paragraph (6) are of carcasses following post-mortem inspection and after removal of their heads and viscera.
Subject to these regulations, the licensee shall ensure that no substance is, except with the approval of the Director—
added to; or
used in the processing of,
carcasses or poultry products.
Notwithstanding paragraph (1), common salt (NaCl) may be used—
in aqueous solution in a concentration not exceeding 7 kilograms of salt to 10 000 litres of water, as a chilling agent; and (L.N. 60 of 1981)
to salt carcasses and poultry products which are to be preserved by drying in accordance with regulation 99.
No approval shall be given under paragraph (1), unless the Director is satisfied that, having regard to the conditions and manner of its intended use, the substance will not cause carcasses or poultry products to become adulterated, unwholesome or inedible.
After a carcass has been classed as passed on post-mortem or further post-mortem inspection, the viscera shall be—
placed in a watertight metal container; and
removed from the premises as soon as practicable, and in any event within not more than twelve hours after being so classed.
Every carcass and every poultry product shall be preserved by—
freezing;
canning;
drying;
pickling; or
smoking,
in accordance with these regulations using such hygienic processes as may be approved by the Director.
Preservation of carcasses and poultry products under these regulations shall only be carried out indoors in a poultry export factory.
At the commencement of the process of preserving a carcass by any of the methods referred to in paragraph (1)—
the water content of a carcass shall not exceed—
in the case of a turkey carcass, four and half per cent of the weight of such carcass; and
in the case of a duck or other poultry carcass, six per cent of the weight of such carcass;
the water content of a poultry product shall not exceed six per cent of the weight of such poultry product.
The process of preserving a carcass or poultry product by any of the methods referred to in paragraph (1) of regulation 95 shall be commenced—
in the case of a carcass, not later than twenty-four hours after slaughter; or
in the case of a poultry product, not less than twenty-four hours after the slaughter of the poultry used in the preparation of such poultry product.
The process of preserving by—
freezing; or
canning,
shall be completed not later than seventy-two hours after—
the carcass; or
in the case of a poultry product, any carcass used in the preparation thereof,
has undergone post-mortem inspection carried out at the time of evisceration.
The process of preserving by—
pickling;
drying; or
smoking,
shall be completed not later than one hundred and forty-four hours after—
the carcass; or
in the case of a poultry product, any carcass used in the preparation thereof,
has undergone post-mortem inspection carried out at the time of evisceration.
If the licensee fails to comply with paragraph (1), (2) or (3), he shall—
report the failure to an inspector as soon as possible; and
produce to the inspector every carcass and every poultry product in respect of which the failure has occurred.
Carcasses and poultry products produced to an inspector under subparagraph (b) of paragraph (4) shall be condemned by the inspector.
The process of preserving a carcass or poultry product by freezing shall be carried out in such a way that—
the internal body temperature of the carcass; or
in the case of a poultry product, the internal temperature at the middle of the product,
is reduced to not higher than -18oC within sixty hours after the freezing process is commenced. (L.N. 60 of 1981)
The licensee shall ensure that after completion of the freezing process, frozen carcasses and poultry products, so long as they remain in the premises, are kept under such conditions that they remain in a totally frozen state.
Any can used for canning a carcass or poultry product shall—
be of a material, design, manufacture and size approved by the Director; and
immediately prior to filling, be thoroughly washed.
Each can shall be washed while the can is held in an inverted position, with water having a temperature of not less than 82oC. (L.N. 60 of 1981)
Each can when filled with a carcass or poultry product shall be—
immediately closed and hermetically sealed;
carefully examined to ascertain whether it has been properly sealed;
heat processed in accordance with paragraph (5).
Before heat processing, each batch or lot of cans shall be tagged or marked in such manner as—
may be approved by the Director; and
will clearly indicate any failure of the heat process.
Heat processing shall be carried out at such temperatures and for such periods of time as the Director may require.
As soon as possible after completion of heat processing, the cans shall be further examined to ensure that they are perfectly sealed.
Following the elapse of not less than six hours after heat processing, cans which, in the opinion of an inspector, show signs of—
having been overstuffed; or
shortage of vacuum,
shall be marked by such inspector as condemned and disposed of together with their contents by incineration.
If on examination under paragraph (3) or (6), a can is found to be improperly or imperfectly sealed, the carcass or poultry product therein shall be promptly removed and recanned in a different can.
An inspector may—
detain for incubation any canned carcass or canned poultry product; and
carry out such tests, to determine the wholesomeness of the carcasses and poultry products so detained as he thinks fit.
A carcass or poultry product so detained shall, before testing, be incubated for not less than ten days, or such longer period as an inspector may require, at a temperature of not less than 35oC and not more than 38oC. (L.N. 60 of 1981)
Carcasses and poultry products which are to be preserved by drying shall—
be thoroughly salted in a hygienic manner approved by the Director, and washed with fresh, potable water;
after salting and washing, be suspended in a drying chamber of a design and construction approved by the Director; and
remain continuously in the drying chamber for not less than ninety-six hours with the temperature in the chamber maintained throughout at not lower than 50oC and not higher than 65oC. (L.N. 60 of 1981)
After drying, the carcasses or poultry products shall—
be thoroughly soaked in clean peanut oil; and
if they are to be canned after drying, canned in peanut oil in accordance with regulation 98.
The process of preserving carcasses or poultry products by pickling or salting shall be carried out in a hygienic manner approved by the Director.
No inspector shall—
perform any duties or exercise any powers under these regulations in respect of poultry, carcasses or poultry products in which he is directly or indirectly financially interested; or
except with the permission in writing of the Director, accept any payment, reward or gift from a licensee.
Upon demand the licensee shall pay to the Director, in respect of inspections carried out under these regulations, the fees specified in the Third Schedule.
An inspector, upon becoming aware of any contravention of these regulations, shall, as soon as practicable, report such contravention to the Director.
If an inspector is of the opinion that any equipment, room or compartment in a poultry export factory is unclean, in an unhygienic state or otherwise contravenes these regulations, he shall—
give notice in writing to the licensee of his opinion and may by such notice prohibit the use of the equipment, room or compartment until further notice has been given to the licensee under paragraph (2); and
as soon as reasonably practicable deliver to the Director a copy of the notice so given.
An inspector may at any time withdraw a prohibition under a notice given under paragraph (1) upon being satisfied that the equipment, room or compartment to which the notice relates is clean, in a hygienic state and otherwise complies with these regulations, by giving notice in writing to the licensee of the withdrawal of the prohibition.
The licensee shall ensure that no person uses in the premises any equipment, room or compartment in respect of which notice prohibiting such use has been given to the licensee under subparagraph (a) of paragraph (1) until the prohibition has been withdrawn by notice given to the licensee under paragraph (2).
The Director shall devise and provide a means of reproducing distinctive inspection marks for use by inspectors in a poultry export factory.
An inspection mark—
shall be applied or affixed in the premises, either directly or by means of a label, to every—
wrapper;
can; or
container,
containing a carcass or poultry product;
shall not be so applied or affixed to—
a can, until after it has been hermetically sealed, inspected and passed in accordance with Part VII; or
a shipping container used to transport carcasses or poultry products until the carcasses or poultry products to be packed therein have been so packed;
shall clearly indicate—
that every carcass or poultry product contained in the wrapper, can or container bearing the inspection mark has been inspected and passed under these regulations;
the identity of the inspector who applied or affixed the mark;
the identity and licence number of the poultry export factory in which such carcass or poultry product was preserved or prepared; and
the date when the mark was so applied or affixed;
shall be applied or affixed only by an inspector; and
shall be printed or stencilled on the shipping container and shall not be applied or affixed to such a container by means of a rubber stamp.
An inspector shall not apply or affix an inspection mark to any wrapper, can or container, unless at the time of applying or affixing such mark he is satisfied that every carcass or poultry product within the wrapper, can or container is unadulterated, wholesome and edible.
Every inspection mark devised and provided by the Director under paragraph (1), shall include the following—“Inspected for wholesomeness by the Hong Kong Agriculture, Fisheries and Conservation Department.”.
No label or mark shall be applied or affixed directly to a carcass or poultry product.
An inspector shall use tags of a design and colour approved by the Director for the identification and control of poultry, carcasses or poultry products which—
have been condemned; or
are held for further inspection as suspects.
Subject to paragraph (1), an inspector may use such tags, seals or other devices and methods as may be approved by the Director to identify and control the use of equipment, rooms or compartments in a poultry export factory found to be unclean, unhygienic or otherwise to contravene these regulations.
No person, other than an inspector, shall—
alter;
tamper with; or
remove,
a tag, seal or other device used by an inspector in accordance with paragraph (1) or (2).
Every wrapper, can or container in which there is a carcass or poultry product shall, at the time of removal from the poultry export factory, bear an appropriate label, the design, form and use of which has been approved by the Director.
No person shall use a label other than for a purpose for which the use thereof has been approved by the Director under paragraph (1).
The label shall—
be durable, and clearly printed in block capital letters and figures, or in easily legible characters; (65 of 1999 s. 3)
securely affixed to the wrapper, can or container;
unless the Director otherwise authorizes be in the English language or the Chinese language; (65 of 1999 s. 3)
specify—
the nature and the common name or usual description of the carcass or poultry product;
the ingredients, if any, and the proportions thereof, added to, or used in the processing of the carcass or poultry product;
the net weight of the carcass or poultry product; and
bear an inspection mark applied under regulation 105.
In the case of a carcass or poultry product which is individually wrapped or packed, the net weight of such carcass or product may include the weight of the individual wrapper or container not exceeding 10 grams. (L.N. 60 of 1981)
Without prejudice to paragraph (1), every can containing a carcass or poultry product shall, immediately after canning, be permanently marked in such manner as the Director may approve, so as to indicate clearly the precise nature of the contents of the can and the date of canning.
The Director may—
send to the appropriate authorities samples or specimens of any marks or labels devised, provided, approved or authorized by him under these regulations; and
before devising, providing, approving or authorizing any mark or label, consult with the appropriate authorities concerning the design, colour, wording, language and use thereof.
Subject to this regulation, an inspector who has been authorized in writing by the Director for the purpose may, upon request, issue an export certificate in such form as may be approved by the Director, in respect of carcasses or poultry products which—
are intended to be exported to any of the countries specified in the First Schedule; and
have been slaughtered, processed, inspected, and passed in accordance with these regulations.
No inspector shall issue an export certificate unless he has first inspected the carcasses or poultry products to which such certificate relates to ascertain whether they have been so slaughtered, processed, inspected and passed.
Every export certificate shall bear—
the signature of the inspector issuing it;
the date of its issue;
the names of the exporter and of the consignee;
the destination of the carcasses or poultry products in respect of which the certificate is issued;
the shipping marks;
the total net weight and a full description of the carcasses or poultry products in respect of which the certificate is issued; and
such other information as the Director may require.
The original and a duplicate copy of every export certificate shall be delivered by the inspector to the person who requested the issue thereof.
The Director may—
direct a person to whom an export certificate has been issued or who is in possession of an export certificate to surrender the certificate to him; and
cancel an export certificate issued under this regulation. (L.N. 336 of 1990)
As soon as reasonably practicable after the cancellation of an export certificate, the Director shall—
cause the person to whom the certificate was issued to be served, either personally or by registered post, with a notice in writing informing him of such cancellation and of the reasons therefor; and
inform the appropriate authority in the country to which the carcasses or poultry products referred to in the cancelled certificate were to be exported of such cancellation and of the reasons therefor.
Failure to comply with paragraph (6) shall not affect the validity of the cancellation by the Director of an export certificate.
As soon as possible after the grant of a licence the Director shall—
notify the appropriate authorities in every country specified in the First Schedule of such grant; and
forward to the appropriate authorities such information concerning—
the licensee;
the location, design and construction of the premises and of the equipment therein; and
other relevant matters,
as the Director may consider appropriate or necessary.
A licensee shall—
keep such records relating to his poultry export factory and the operation thereof in such form and manner as the Director may require;
permit the Director, a public officer authorized by the Director for the purpose or any inspector, to inspect the records at all reasonable times; and
deliver to the Director, at such times as he may require, the records, or such summaries of, or extracts from them, as he may direct.
The Director may, in his absolute discretion, vary or rescind any decision of an inspector under these regulations.
A decision of the Director under this regulation shall have the same force and effect as if it was a decision of an inspector under these regulations.
Except where an appeal lies under paragraph (2), any person aggrieved by a decision—
of the Director; or
subject to paragraph (3) of an inspector,
may appeal to the Chief Executive against such decision and on consideration of such appeal the Chief Executive may make such order as he thinks just.
A person aggrieved by—
the refusal of the Director to grant a licence under these regulations; or
the revocation of such a licence by the Director,
may appeal by way of petition to the Chief Executive in Council against the refusal or revocation.
No appeal shall lie under paragraph (1) in respect of any decision of an inspector, unless the person aggrieved has, before appealing to the Chief Executive, informed the Director in writing that he objects to the decision of the inspector.
Nothing in these regulations or in a licence granted under them shall—
authorize the commission of a nuisance;
affect the liability of any person in respect of a nuisance; or
restrict or remove the right or power of any person to abate a nuisance.
The Director shall signify any approval, authorization or consent given by him under these regulations either—
generally, by notice in the Gazette, or
in any particular case, in writing.
A licensee who contravenes any of the provisions specified in Part I of the Fourth Schedule shall be guilty of an offence and shall be liable on conviction to a fine at level 1.
A person who contravenes any of the provisions specified in Part II of the Fourth Schedule shall be guilty of an offence and shall be liable on conviction to a fine at level 1.
A person who contravenes any of the provisions specified in Part III of the Fourth Schedule shall be guilty of an offence and shall be liable on conviction to a fine at level 1.
A person who wilfully fails to comply with any direction of the Director under subparagraph (a) of paragraph (5) of regulation 110 shall be guilty of an offence and shall be liable on conviction to a fine at level 1.
If a person by whom an offence under these regulations is committed is a corporation, every director or other officer concerned in the management of the corporation shall be guilty of the like offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Prosecutions for offences under these regulations shall not be commenced without the consent in writing of the Director.
The Director may give the licensee such directions as he thinks fit for the purposes of these regulations.
Except where the context otherwise requires, the requirements of these regulations shall be additional to, and not in derogation of, the requirements of—
the Colouring Matter in Food Regulations (Cap. 132 sub. leg. H); (E.R. 3 of 2023)
the Food Adulteration (Metallic Contamination) Regulations (Cap. 132 sub. leg. V); (E.R. 3 of 2023)
the Food Business Regulation (Cap. 132 sub. leg. X); (78 of 1999 s. 7)
(Repealed 78 of 1999 s. 7)
the Public Health and Municipal Services Ordinance (Cap. 132); and (10 of 1986 s. 32)
any other enactment which may apply in relation to—
the slaughter of poultry;
the processing of carcasses, poultry products or foodstuffs;
the erection or use of buildings;
any equipment of a poultry export factory; or
the development or use of any land.
| Licence Number: | ||
| Pursuant to the application of | ||
| of . , | ||
| dated the .................. day of ...................................................... 19 ....... , licence is hereby granted under regulation 5 of the Poultry (Slaughtering for Export) Regulations to ........................................................................................................ to use and occupy the premises situated at .................................................................................................... as a poultry export factory. | ||
| This licence is not transferable and shall remain in force until revoked, or surrendered and is granted subject to the following conditions: | ||
| Dated at .............................. this .......... day of .................... 19..... | ||
| Director of Agriculture, Fisheries and Conservation, Hong Kong. | ||
| ATTENTION: | Under regulation 7 of the Poultry (Slaughtering for Export) Regulations, this licence is liable to revocation. | |
| Service | Fee for first 200 birds inspected on any one day | Fee for birds inspected in excess of 200 in any one day |
| For ante-mortem inspection of poultry | 50 cents per bird | 25 cents per bird |
| For post-mortem inspection of carcasses | 50 cents per bird | 25 cents per bird |
Paragraph (1) of regulation 19
Paragraph (2) of regulation 29
Paragraph (5) of regulation 29
Regulation 44
Regulation 45
Regulation 53
Paragraph (1) of regulation 56
Regulation 57
Paragraph (1) of regulation 59
Paragraph (2) of regulation 59
Paragraph (3) of regulation 60
Regulation 62
Regulation 63
Paragraph (1) of regulation 67
Paragraph (1) of regulation 68
Paragraph (2) of regulation 71
Regulation 82
Regulation 91
Paragraph (1) of regulation 93
Paragraph (2) of regulation 97
Paragraph (3) of regulation 104
Regulation 112
Regulation 3
Regulation 4
Paragraph (b) of regulation 11
Paragraph (2) of regulation 60
Paragraph (1) of regulation 64
Paragraph (1) of regulation 65
Paragraph (2) of regulation 68
Regulation 101
Regulation 103
Paragraph (3) of regulation 105
Paragraph (3) of regulation 107
Paragraph (2) of regulation 110
Regulation 23
Paragraph (3) of regulation 59
Paragraph (1) of regulation 60
Paragraph (4) of regulation 60