Cap. 132BD 《食物內防腐劑規例》Preservatives in Food Regulation

(1)

In this Regulation unless the context otherwise requires— (L.N. 85 of 2008)

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) antioxidant (抗氧化劑)—(a)means a substance, not normally consumed as food by itself nor normally used as a typical ingredient of food, that, when added to, or used in or on, food at any stage of food processing, is capable of prolonging the shelf-life of the food by protecting against deterioration caused by oxidation; but(b)does not include any vitamins or minerals added to food as nutrients; (L.N. 130 of 2024) 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) canned food (罐頭食物) means food in a hermetically sealed container which has been sufficiently heat processed to destroy any Clostridium Botulinum in that food or container or which has a pH of less than 4.5; 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) catering business (飲食供應業) includes the business or undertaking of an inn, public house, hotel, restaurant, cafe, tea-shop, buffet, coffee-stall or any place of refreshment open to the public, or of a club, boarding house, apartment house, refreshment contractor, school feeding centre, staff dining room or canteen; Codex Alimentarius Commission (食品法典委員會) means the body created in 1963 by the World Health Organization and the Food and Agriculture Organization to develop food standards, guidelines and related texts; (L.N. 85 of 2008) compounded food (合成食物) means food containing 2 or more ingredients; container (容器) includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band; deterioration (變壞), in relation to food, means deterioration due to the action of bacteria, yeasts or moulds; food (食物) does not include food for special medical purposes; (L.N. 130 of 2024) food additive (食物添加劑) means a preservative or an antioxidant; (L.N. 85 of 2008) food additive group (食物添加劑組) means a group of food additives specified in column 1 of Schedule 1A; (L.N. 130 of 2024) GMP (優良製造規範) means good manufacturing practice, which includes a manufacturing practice that complies with the following— (a)the quantity of the food additive added to the food is limited to the lowest possible level necessary to accomplish the desired effect of adding it; (b)the quantity of the food additive that becomes a component of the food as a result of its use in the manufacturing, processing or packaging of a food and that is not intended to accomplish any physical or other technical effect in the food itself, is reduced to a reasonably possible extent; and (c)the food additive is prepared and handled in the same way as a food ingredient; (L.N. 85 of 2008) importer (進口商) includes any person who, whether as owner, consignee, agent or broker, is in possession of or entitled to the custody or control of any article of food brought from a place outside Hong Kong; (10 of 1986 s. 32(2)) INS (國際編碼系統) means the system known as the “International Numbering System for Food Additives” that was adopted by the Codex Alimentarius Commission for identifying food additives in the list of ingredients of any pre-packaged food; (L.N. 85 of 2008; E.R. 1 of 2022) maximum permitted level (最高准許含量)—(a)in relation to a permitted food additive specified in column 2 of Schedule 1 to which paragraph (b) does not apply—means the proportion specified in relation to that food additive in column 3 of that Schedule, subject to any note opposite to that food additive in column 4 of that Schedule; or(b)in relation to permitted food additives participating in a food additive group and specified, by reference to the group, in column 2 of Schedule 1—means the proportion specified in relation to that group in column 3 of that Schedule which is the proportion applicable to the total amount of the participating additives in that group, subject to any note opposite to that group in column 4 of that Schedule; (L.N. 130 of 2024) participating additive (構成添加劑), in relation to a food additive group, means a food additive that participates in the group and is specified opposite to that group in column 2 of Schedule 1A; (L.N. 130 of 2024) permitted antioxidant (准許抗氧化劑) means a food additive that—(a)is specified—(i)in column 2 of Schedule 1, whether or not by reference to a food additive group of which the food additive is a participating additive; or(ii)in column 2 of Schedule 1B; and(b)functions primarily as an antioxidant; (L.N. 130 of 2024) permitted colouring matter (准許染色料) means any colouring matter inasmuch as its use is permitted by the Colouring Matter in Food Regulations (Cap. 132 sub. leg. H); permitted food additive (准許食物添加劑) means—(a)a food additive specified in column 2 of Schedule 1, whether or not by reference to a food additive group of which the food additive is a participating additive; or(b)a food additive specified in column 2 of Schedule 1B; (L.N. 130 of 2024) permitted preservative (准許防腐劑) means a food additive that—(a)is specified—(i)in column 2 of Schedule 1, whether or not by reference to a food additive group of which the food additive is a participating additive; or(ii)in column 2 of Schedule 1B; and(b)functions primarily as a preservative; (L.N. 130 of 2024) pre-packed (預先包裝) means made up in advance ready for retail sale in or on a container; and on any premises where food of any description is so made up, or is kept or stored for sale after being so made up, any food of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved; preparation (配製), in relation to food, includes manufacture and any form of treatment; and preparation for sale (配製以供出售) includes packaging; preservative (防腐劑)—(a)means a substance, not normally consumed as food by itself nor normally used as a typical ingredient of food, that, when added to, or used in or on, food at any stage of food processing, is capable of prolonging the shelf-life of the food by protecting against deterioration caused by microorganisms; but(b)does not include—(i)common salt (sodium chloride);(ii)sugars;(iii)alcohol or potable spirits, isopropyl alcohol or monoacetin;(iv)herbs or hop extract;(v)spices or essential oils when used for flavouring purposes;(vi)any substance added to food by the process of curing known as smoking; or(vii)any vitamins or minerals added to food as nutrients; (L.N. 130 of 2024) relevant food (有關食物), in relation to a scheduled food category, means food that constitutes or belongs to the scheduled food category; (L.N. 85 of 2008) retail sale (零售) and sale by retail (以零售方式出售) mean respectively any sale to a person buying otherwise than for the purpose of re-sale, but does not include a sale to a caterer for the purposes of his catering business, or a sale to a manufacturer for the purposes of his manufacturing business; scheduled food category (附表所列食物分類) means a category or sub-category of food specified in column 1 of Schedule 1; (L.N. 85 of 2008) sell (售賣) includes offer or expose for sale or have in possession for sale; storage (貯存), in relation to food, means storage at, in or upon any farm, dock, vehicle, warehouse, fumigation chamber, cold store, or any barge or ship whilst, in either case, in the waters of Hong Kong. (L.N. 85 of 2008)

(2)

For the purposes of this Regulation, percentages and parts per million shall be calculated by weight. (L.N. 85 of 2008)

(3)

(Repealed L.N. 85 of 2008)

(4)

Subject to the definition of maximum permitted level in subsection (1), a reference in Schedule 1 to a food additive group is a reference to any or all of the participating additives of that group. (L.N. 130 of 2024)

(1)

Subject to this section, a person shall not import, manufacture for sale or sell any article of food that contains a food additive.

(2)

Any relevant food may contain the permitted food additive specified in relation to its scheduled food category but in a proportion that does not exceed the maximum permitted level.

(2A)

A permitted food additive specified in column 2 of Schedule 1B is permitted to be added to food in accordance with the GMP principles. (L.N. 130 of 2024)

(2B)

Subsection (2A) does not apply to any relevant food of a scheduled food category that is also specified in Schedule 1C. (L.N. 130 of 2024)

(3)

Subject to subsection (4), any relevant food or any food intended for use in the preparation of a relevant food may—

contain, in any proportion, a permitted preservative that is specified for the scheduled food category of the relevant food.

(4)

Subsection (3)—

(5)

Where 2 or more permitted food additives are specified in relation to a scheduled food category, any relevant food of that food category may contain an admixture of those food additives—

(6)

Any food may contain, in a proportion that does not exceed 5 parts per million, formaldehyde derived from—

(7)

The skin, but not the flesh, of a banana may contain nystatin.

(8)

Any canned food (including canned food that is compounded food) may contain nisin but, if the canned food is relevant food of a scheduled food category for which a maximum permitted level is specified in column 3 of Schedule 1 in relation to nisin, only in a proportion not exceeding the maximum permitted level. (L.N. 130 of 2024)

(8A)

Any food may contain nisin if nisin is introduced, in the preparation of that food, by the use of canned food that contains nisin as permitted by subsection (8). (L.N. 130 of 2024)

(9)

Any compounded food may contain any permitted food additive introduced in the preparation of that food by the use of any relevant food (other than fruit or fruit pulp intended for manufacturing purposes or any unfermented grape juice product intended for sacramental use), if— (L.N. 130 of 2024)

(10)

Subsection (1) does not apply to an article of food containing any food additive that is naturally present in that food.

(1)

No person shall— (L.N. 130 of 2024)

which bears or includes any words or description stating directly or by implication that the food is intended mainly for babies and young children, if the food to which the label, advertisement or description relates has in it or on it any added antioxidant.

(2)

Subsection (1) does not apply to any food if it is a relevant food of food category 13 or any of its sub-categories in Schedule 1. (L.N. 130 of 2024)

(1)

No person shall sell any substance which is recommended in any mark or label placed on its container for use as a preservative or antioxidant in food unless that container bears a label in accordance with the provisions of Schedule 2.

(2)

Where in accordance with the provisions of subsection (1) a container is required to bear such a label and such container is wrapped in paper or any other wrapper through which the label on the container is not clearly readable the outermost wrapper shall on any exposure or offer for sale by retail bear a label as if it were the container or receptacle to which subsection (1) applies.

(3)

No person shall sell or advertise for sale with a view to its use in the preparation of food—

(1)

Subject to the provisions of this section, no person shall sell, consign or deliver any relevant food mentioned in section 1 of Schedule 2 which contains a permitted preservative or permitted antioxidant specified in relation to the scheduled food category of that food except in a container bearing a label in accordance with the provisions of Schedule 2 unless, in the case of a retail sale, a notice written in English and Chinese languages to the effect that the food contains preservative or antioxidant is exhibited in a conspicuous place so as to be easily readable by a customer.

(2)

Where in accordance with subsection (1) a container is required to bear such a label and such container is wrapped in paper or any other wrapper through which the label on the container is not clearly readable the outermost wrapper shall on any exposure or offer for sale by retail bear a label as if it were the container to which the subsection applies.

(3)

Nothing in this section shall apply as respects any sale of any relevant food for immediate consumption on or at the premises of the seller or in or at any stall or mobile refreshment vehicle.

(1)

Section 3 does not apply in relation to the import of an article of food referred to in that section 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 article of food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 3— (L.N. 85 of 2008)

and, except to that extent, that section has effect as if this subsection had not been enacted.

(2)

In proceedings against a person for an offence under section 9, being proceedings— (L.N. 85 of 2008)

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 subsection (2) involves an allegation that the commission of the offence was due to— (L.N. 85 of 2008)

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—

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 subsection (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— (L.N. 85 of 2008)

(1)

In any proceedings for an offence against this Regulation in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business. [cf. S.I. 1962/1532 r. 8(4) U.K.]

(2)

In any proceedings against the manufacturer or importer for an offence against this Regulation in relation to the publication of an advertisement it shall rest on the defendant to prove that he did not publish and was not a party to the publication of the advertisement. [cf. S.I. 1966/1500 r. 10(2) U.K.]

(3)

In any proceedings for an offence against section 3 it shall be a defence for the defendant to prove that the presence in any food of any preservative other than a permitted preservative or the presence of a permitted preservative in any food other than a relevant food, is solely due to the use of that preservative in food storage— (L.N. 85 of 2008)

(1)

During the transitional period, a person who imports, manufactures for sale or sells any article of food that contains a preservative or an antioxidant (as defined by section 2(1) of the Amended Regulation) does not contravene section 3 if, had the person done so immediately before the commencement date, the person would not have contravened section 3 of the former Regulation.

(2)

During the transitional period, a person who does an act referred to in section 4(1) does not contravene that section if the antioxidant (as defined by section 2(1) of the Amended Regulation) that is in or on the food to which the label, advertisement or description relates was not an antioxidant within the meaning of the former Regulation.

(3)

During the transitional period, a person does not contravene section 5(1) if the substance that—

was not a preservative or an antioxidant within the meaning of the former Regulation.

(4)

During the transitional period, a person who sells or advertises for sale a preservative or an antioxidant (as defined by section 2(1) of the Amended Regulation), with a view to its use in the preparation of food, does not contravene section 5(3) if, had the person done so immediately before the commencement date, the person would not have contravened section 5(3) of the former Regulation.

(5)

During the transitional period, if any food sold, consigned or delivered by a person contains an added preservative or antioxidant that was specified as permissible in the case of such food in Schedule 1 to the former Regulation, the person does not contravene section 6 if the food is sold, consigned or delivered in accordance with section 6 of the former Regulation.

(6)

To avoid doubt, the provisions of the former Regulation that are necessary to give effect to this section continue to apply to the extent necessary, despite their repeal or amendment by the 2024 Amendment Regulation.

(7)

To avoid doubt, this section (the purpose of which is to enable the continued application of the former Regulation as an alternative to the Amended Regulation during the transitional period) does not otherwise limit or prejudice the application of the 2024 Amendment Regulation.

(8)

In this section—

2024 Amendment Regulation (《2024年修訂規例》) means the Preservatives in Food (Amendment) Regulation 2024 (L.N. 130 of 2024); (E.R. 1 of 2025) Amended Regulation (《經修訂規例》) means the former Regulation as amended by the 2024 Amendment Regulation; commencement date (生效日期) means 30 December 2024; former Regulation (《舊有規例》) means the Preservatives in Food Regulation (Cap. 132 sub. leg. BD) as it was in force immediately before the commencement date; transitional period (過渡期) means the period beginning on 30 December 2024 and ending on 29 December 2026 (both dates inclusive).