PRESERVATIVES IN FOOD REGULATIONS

PRESERVATIVES IN FOOD REGULATIONS

(334)Sterilized Milk is milk which has been sterilized and which
contains no living inicro-organisrns and not less than 3.25%
of milk fat of the total component parts thereof. The
quantity of milk solids, other than fat, present in sterilized
milk must not be less than 8.5% of the total component parts
thereof;
(35)Sterilized Cream is cream which has been sterilized and
an(', which contains no living micro-organisms and not less
than 1611o of milk fat of the total component parts thereof.

PRESERVATIVES IN FOOD REGULATIONS.

(Cap. 132, section 3).
(Ordinance No. 8 of 1935).

[1st April, 1941.]

1. These regulations may be cited as the Preservatives
in Food Regulations.

2. (1) In these regulations-
cream' means that portion of milk rich in milk-fat which
lhas been separated by skimming or otherwise and is
intended for hurnan consumption
preservative' means any substance which is capable of
inhibiting, retarding or arresting the process of fermen-
tation, acKlification, or other decomposition of food or
Of masking any of the evidences of putrefaction; but
does not include common salt (sodium chloride),
saltpetre (sodium or potassium nitrate), sugars, lactic
acid, acetic acid or vinegar, glycerine, alcohol or potable
spirits, herbs, hop extract, spices and essential oils used
for flavouring purposes or any substance added to food
by the process of curing known as smoking;
'thickening stibstance' means sucrate of lime, gelatine,
starch paste or any other substance, which when added
to crearn is capable of increasing its viscosity, but does
not include cane or beet sugar;
'Stllpl]Lir dioxide' includes sulphites, and 'benzoic aciC
includes benzoates
1111PC)I-tC]-' inClUdes'any person who, whether as owner,
consignee, agent or broker, is in possession of or in





anywise entitled to the custody or control of any article
of food brought from Ia place outside Hong Kong; and
'import' shall be construed accordingly.

(2) Percentages shall be calculated by weight.

(3) Sulphites shall be calculated as sulphur dioxide
(SO2) and benzoates as benzoic acid (C6H5COOH).

3. (1) No person shall import, manufacture for sale
or sell any article of food which contains any added pre-
servative or any added colouring matter being one of those
specified in Part II of the First Schedule : Provided that-
(a) any article of food specified in Part I of the said
Schedule may contain preservative of the nature
and in the proportion therein specified',
(b)where an article of food specified in Part 1 of the
said Schedule otherwise than in item 4 thereof is
used in the preparation of any other article of food,
the latter article may contain any preservative
necessarily introduced by the use of the former
article, but the total proportion of any one preserva-
tive contained in any article of food specified in
that Part of the Schedule shall not exceed the pro-
portion therein specified;
(c)the provisions of this regulation shall not apply so
as to prohibit the presence of sulphur dioxide in
any article of food other than meat if it is-shown
either-
(i) that the article not being an article specified
in Part I of the said Schedule is intended to be
used in the pr~paration of an article which is so
specified, or
(ii) that the article being itself an article so
specified, other than fruit or fruit pulp, is intended
to be so treated before it is sold or exposed for sale
by retail as to comply with the provisions of the
Schedule as regards the proportion of sulphur
dioxide contained;
(d) the provisions of this regulation shall not apply-
(i) so as to prohibit the presence in bacon, ham
and cooked pickled meat of any added sodium or
potassium nitrate;
Adulterated Food and Drugs. [CAP. 132

(ii) so as to prohibit the presence in any article of food of sodium or potassium nitrite introduced in the preparation of such article by the use of any bacon, ham or cooked pickled meat containing sodium or potassium nitrate.

(2) The following provisions shall have effect with respect to any of the articles of food mentioned in paragraph i of the Second Schedule which contains any preservative specified in Part 1 of the First Schedule as permissible in the case of such article, that is to say

(a) a person who exposes or offers any such article for sale by retail shall at the time when it is so exposed or offered either cause the article to be labelled in accordance with the rules set out in the said Second Schedule, or cause a notice to the effect that the article contains preservative to be exhibited in a conspicuous place so as to be easily readable by a customer; and

(b) a person who sells any such article shall cause it to be labelled in accordance with the said rules at the time when it is de livered to any purchaser, agent or- broker:

Provided that

(i) neither the requirement mentioned in paragraph (a) nor that mentioned in paragraph (b) shall apply where the article is exposed or offered for sale by retail or delivered to a customer in a hotel, restaurant or other such place for consumption on the premises and

(ii) the requirement mentioned in paragraph (b) shall not apply where the article is sold by retail and delivered to the purchaser at the vendor's premises or stall if such a notice as is mentioned in paragraph (a) is there exhibited as provided in that paragraph.

(3) No person shall sell cream which contains any thickening substance.

(4) No person shall import, manufacture for sale or sell any cooked pickled meat intended for human consumption, other than bacon and ham, which contains sodium or

13


CAP. 132] Adulterated Food and Drugs.

Ir. 3 cont.] potassium nitrate in proportions execeding two hundred parts per million calculated as sodium nitrate,

4. (1) No person shall sell any article which is recornmended in any mark or label placed thereon or on its receptacle or container for use as a preservative of, or colouring matter for, any article of food or is described or referred to in any such mark or label in terms likely to lead to its being so used

(a) if such use would be contrary to these regulations; or

(b) if in the case of a preservative, it is not labelled in accordance with the rules set out in the Second Schedule to these regulations.

(2) No person shall on or in connexion with the sale of any article or in any advertisement, circular or notice relating thereto recommend it for use as a preservative of, or colouring, matter for, any article of food, or describe or refer to it in terms likely to lead to its being so used, if such use would be contrary to these regulations.

(3) No person shall sell any article which is recommended in any such mark or label as aforesaid for use as a thickening substance for cream or is described or referred' to in any such mark or label in terms likely to lead to its being so used, and no person shall on or in connexion with the sale of any article or in any advertisement, circular or notice relating thereto recommend it for use as a thickening substance for cream or describe or refer to it in terms likely to lead to its being so used.

(i) Any officer may enter at all reasonable times any premises where articles to which these regulations apply are prepared, packed, labelled or stored.

(2) Any such officer may take samples of any such article or of an substance used or capable of being used in

y 1~

the preparation of any such article and of any labels designed
to be affixed to any such article or to any package or other
receptacle containing such article, but shall if so required
make reasonable payment for any samples so taken.

14








6. The provisions of these regulations with respect to
prohibiting any preservative or colouring matter or.thicken-
ing substance in articles of food and requiring the labelling
of certain articles of food and of articles sold as preservatives
shall not apply in the case of any article which has been
imported for the purpose of re-export.

7. In any proceedings under these regulations, where
the fact that any, article has been dealt with contrary to the
regulations has been proved, if the respondent desires to
rely upon the exceptions or provisions contained in these
regulations with reference to such article being sold for
consuiniption on the premises or being intended for re-export
it shall be incumbent upon him to prove that the article
was so sold or was intended for re-export.

8. Any person who acts in contravention of regulation 3,
(2) (a) and (b) and (4), and 4 shall be liable to a
fine of one thousand dollars.

SCHEDULES.

FIRST SCHEDULE.

Part I-Articles of food which may contain preservative and
nature and proportion of preservative in each case.

The articles of food specified in the first column of the following
Lable may contain the preservative specified in the second column in
proportions not exceeding the number of parts (estimated by weight)
per million specified in the third column-

Parts per
Food. Preservative. million.

1. Sausages and sausage meat con-
taining raw meat, cereals and
condim-nts .......... ... ... ... Sulphur Dioxide. .450





Food. Preservative.Parts per
million.

2.Fruit and fruit pulls (not dried)
for conversion into jam or crys-
tallized glac6 or cured fruit as
defined in items (3 and 7:
(a) Cherries ........ Sulphur Dioxide. 3,000
(b) Strawberries an ra p- 9,000
berries ............. ... Do. -
(c) Other fruit .. ... ... ... Do. 1,500

3. Dried fruit:
(a) Apricots, peaches, necta-
rines, apples and pears Do. 2,000
(b) Raisins and sultanas ...Do. 750
4.Unfermented grape julce and
non-alcoliolic wine made from
such grape juice if labelled in
accordance with the rules contained
in the Second Schedule to these
regulations ......... ... ... Benzoic acid. 2,000
5.Other non-alcoholic wines, cordials
and fruit juices, sweetened or
unsweetened ........ ... Either Sulphur 350
....................dioxide
or Benzoic acid 600
~6.Jam (including marmalade and
fruit jelly prepared in the way
in which jam is prepared) ...Sulphur Dioxide. 40
7. Crystallized glac6 or cured fruit
(including candied peel) ... ... Do. 100
8. Fruit and fruit pulp not otherwise
specified in this Schedule D (1. 350
9. Sugar (including solid glucose)
and cane syrups ..... . ... Do. 70
10. Cornflour (maize starch) and other
prepared starches ..... ...... Do. 100
11. Corn syrup (liquid glucose) ...D). -150
12. Gelatine ........... ...Do. 1,000
13. Beer . ............. Do. 70
14. Cider .............. ... ... ... Do. 200
15. Alcoholic wines ..... Do.450
16. Sweetened mineral waters ... ... Either Sulphur 70
....dioxidt.
or Benzoic acid. 120
17. Brewed ginger beer Benzoic acid. 120
18. Cofree extract .... ... ... ... Do. 450
19. Pic~ies and sauces made, from
fruit or vegetables ...... ... Do. 250





Part II-Colouring matters which ntay not be added to
articles or food.

1. Metallic Colouring Matters.

Compounds of any of the following metals-

Antiniony, Copper,

Arsenic, Mercury,

Cadrnium, Lead,

Chromium, Zinc.

2. Vegetable Colouring Matter.

Gamboge.
3. Coal Tar Colours.

Number in Colour
Index of Society
of Dyers and Narne Synonyms.
Colourists,
1924.
7 Picric aci(t Carbazotic Acid.
8 Victoria Yellow Saffron Substitute;
Dinitrocresol.
Manchester Yellow
9 Naphthol Yellow;
Martius Yellow.
12 Aurantia Imperial Yellow.
724 Aurine Rosolic Acid; Yellow
Coralline.

1 SECOND SCHEDULE.

Labelling of articles of food containing preservative
and of preservatives.

1. The articles of food contaii iing preservative to which the
rules as to labelling set out in this Schedule apply are sausages,
sausage-meat, coffee extract, pickles and sauces, and (where the
proportion of benzoic acid exceeds 600 parts per million) grape juice
and wine. In retail shops it will be sufficient if a notice to the effect
that t~e article contains preservative is exhibited in a conspicuous
place so as to be easily readable by a purchaser. These rules do not
apply in the case of hotels, restaurants, or such other places where
the article is sold for*consumption on the premises.





-2. (1) Where any of the said articles of food. contains pre-
servative it shall bear a label on which is printed the following
declaration or such other declaration substantially to the lik2 elrect
as may be allowed by the Governor in Council-

(a) CONTAIN(S)

PRESERVATIVE.

(2) The declaration shall be completed by inserting at (a) the
word 'This' or 'These,' followed by the name of the food as used
in paragraph 1 of this Schedule.

(3) In the case of grape juice or wine to which these rules
apply there shall be added to the declaration the words 'and is not
intended for use as a beverage.'
3. (1) An article sold as a preservative shall bear a label on
which is printed tha following declaration or such other declaration
substantially to the like efrect as may be allowed by the Governor
in Council as in para.graph 2-

THIS PRESERVATIVE CONTAINS
(a) PER CENT. OF SULPHUR DIOXIDE.

(2) Where the article contains benzoic acid the words 'Benzoic
Acid' shall be substituted for the words 'Sulphur Dioxide'.
(3) The declaration shall be completed by inserting at (a) in
words and figures, excluding fractions (e.g. ' seventy (7 , 0) ') the
true percentage of the sulphur dioxide or benzoic acid present in the
article.
4. The prescribed declaration shall in each case be printed in
dark block type upon a light coloured ground within a surrounding
line and no other matter shall be printed within such surrounding
line. The type used shall be not less than one-eighth of an inch
in height.
5. The label shall be securely affixed to the article or be part
of or securely affixed to the wrapper or container, and in any case
shall be so placed as to be clearly visible. If thp article bears a
label containing the name, trade mark ' or design representing the
brand of the article or the name and address of the manufacturer
or dealer the prescribed declaration -shall be printed as part of such
label.
6. The declarations prescribed in this Schedule shall also be
printed in easily readable Chinese characters where either (a) the
receptacles or containers contain articles which have been manu-
factured, processed or packed in Hong Kong or (b) the receptacles or
containers,, containing articles of food imported into Hong Kong for
sale therein, bear labels, markings, etc., with writing in Chinese
characters.
1 7. No commjilt on or explanation of the prescribed declaration
(other than any direction as to use in the case of a preservative)
shall be placed on the label or on the wrapper or container.
G.N.A. 262/48. G.N.A. 262/48. G.N. 110/41. G.N.A. 79/51. [r. 2 cont.] [r. 3 cont.] G.N.A. 79/51.

G.N.A. 262/48. G.N.A. 262/48. G.N. 110/41. G.N.A. 79/51. [r. 2 cont.] [r. 3 cont.] G.N.A. 79/51.

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