PUBLIC HEALTH (FOOD) ORDINANCE

PUBLIC HEALTH (FOOD) ORDINANCE

CHAPTER 140.

PUBLIC HEALTH (FOOD).

To make better Provision for lite maintenance of public health in
relation to food.

[1st January, 1936.]

1. This Ordinance may be cited as the Public Health

(Food) Ordinance.

2. In this Ordinance

'bake-house' means any premises on which bread, biscuits or
confectionery are baked for sale as food for man and includes aily
premises on which such food is prepared for baking or on which
the materials for the preparation of such food are stored;

'cafe' means a building or portion thereof used for the sale of light
refreshments only and where no food is cooked on the premises;

'Council' means the Urban Council, unless some other Council is
indicated;

'dairy' includes any, farm, cowshed, milk store, or other place from
which milk is supplied on, or for, sale or in which milk is kept or
used for purposes of sale or manufacture into butter, cheese, dried
milk or condensed milk for sale, and, in the case of a purveyor of
milk who does not occupy any premises for the sale of milk,
includes the place where he keeps the vessels used by him for the
sale of milk, but does not include a shop from which milk is
supplied only in the properly closed aiid unopened receptacles in
which it was delivered to the shop, or a shop or other place in
which inilk is sold for consumption oil the premises only;

'dairyman' includes any keeper of cows or buffaloes for the purpose
of trade in milk, any purveyor of milk, any occupier of a dairy, or
any occupier of a milk shop, and in cases where a dairy or milk
shop is owned by a corporation or conipany, includes the
secretary or other person actually managing such dairy or milk
shop;

'food' means any article used as food or drink for human consumption
other than drugs or water, and includes(a) any substance which is
intended for use in the composition or preparation of food;





(b) any flavouring matter or condiment; and
(c) any colouring matter intended for use in food:

Provided that, notwithstanding anything in this definition, the
addition of any colouring or flavouring matter or condiment to an
article used as food or drink shall be deemed to be the addition of
a substance to food;

'food canteen' means a building or portion thereof used for the sale of
specified items of food approved by the Council and at retail
prices so approved from time to time;

'food factory' means a place where food is prepared for sale and
includes bake-houses food preserving establishments and aerated
water manufactories;

'food officer' means any person appointed by the Council on the
recommendation of the Deputy Director of Health Services for the
purposes of this Ordinance;

health officer' includes the Deputy Director of Health Services, any
medical officer appointed as a health officer by, the Governor, any
veterinary officer and any officer for the time being performing the-
duties of a health officer or veterinary officer;

''marine restaurant' means any vessel approved by the Council, lying
at any place within the waters of the Colony and used for the sale
of food;

'market' means any place, other than a shop, which is ordinarily used
for the sale of food, and includes all land and premises in any way
used in conjunction therewith or appurtenant thereto;

'milk shop' includes any premises on which fresh milk is sold in the
properly closed and unopened receptacles in which it was
delivered to the premises, but does not include a shop or other
place in which milk is sold for consumption on the premises only ;

'officer of the Sanitary Department' includes any food officer, health
officer or health inspector or overseer of the Sanitary Department
working tinder the direction of a food officer or health officer for
the purposes of this Ordinance;

premises includes any land, building or structure of any kind, footway,
yard, alley, court, garden, stream, nullah, pond, pool, field, marsh,
drain, ditch, or place open, covered or enclosed, cesspool or
foreshore, and also any vessel lying within the waters of the
Colony;





'restaurant' means a building or portion thereof used for the sale of
food and has the meaning ordinarily attributable to that word and
does not include a cafe or a food canteen;

sale or 'sell' includes barter and also includes offering or attempting
to sell or receiving for sale or having in possession for sale or
exposing for sale or sending or delivering for sale or causing or
allowing to be sold, offered or exposed for sale, and refers only to
sale for human consumption or use;

'substance' includes a liquid;

'technical services' includes inspections, examinations, taking of
samples, seizures, prosecutions and all other duties of a
supervisory nature carried out by health officers, health
inspectors and food officers under the powers conferred by this
Ordinance and the by-laws made thereunder;

veterinary officer' includes any veterinary surgeon authorized by the
Governor to perform the duties of a veterinary officer under this
Ordinance and also any assistant veterinary officer.

3. No person shall sell or expose for sale, or bring into the Colony
or into any market, or have in his possession without reasonable
excuse, any food for man in a tainted, diseased or unwholesome state,
or which is unfit for food for man.

4. (1) Any health officer or food officer may at all

reasonable times enter into and inspect any place where he has reason
to believe there is any food for man intended for sale, or where he has
reason to believe there is any food for man in a tainted, diseased or
unwholesome state, or which is unfit for food for man.

(2) Any health officer or food officer may mark, seal or otherwise
secure, weigh, count or measure any food, the sale, preparation or
manufacture of which is, or appears to be, contrary to the provisions of
this Ordinance or the by-laws made thereunder.

(3) Any health officer or food officer or any officer of the Sanitary
Department or police officer may inspect any food for man which lie
may find in any highway, street,





road, pier, wharf, waterway, railway or vessel which he has reason to
believe to be in a tainted, diseased or unwholesome state, or unfit for
food for man.

(4) Any such officer may seize any food which is, or appears to
be, held in contravention of section 3; and if authorized so to do in
writing by the Chairman of the Council, may destroy it or so dispose of
it as to prevent it from being used as food for man.

(5) Any person claiming anything seized under this section may,
within twenty-four hours after such seizure, complain to a magistrate,
who may either confirm or disallow such seizure wholly or in part, and
may order to be paid by way of compensation such sum of money not
exceeding the market value of the food seized as he may consider
reasonable.

5. The Council may make by-laws in respect of any of the
following matters

(a)establishment, regulation and sanitary maintenance of
slaughter-houses, including the slaughter of cattle, swine,
sheep and goats therein, the removal of their carcases
therefrom, the conveyance of the same through the streets
or otherwise, and such other matters and things in relation to
the management of slaughter-houses as may be deemed
advisable;

(b)establishment, regulation and sanitary maintenance of
markets, the control of the sate of food therein, and the
removal of the same thereto and therefrom, and such other
matters or things in relation to the management of markets as
the Council may deem advisable;

(c)control by licensing or otherwise of persons selling any
article of food

(d)prohibition of the sale within a certain radius from a market of
articles of any kind sold in such market ;

(e)establishment and regulation and control by registration,
licensing or otherwise of dairies and milk shops;

(f) regulation and control by registration, licensing or otherwise
of food factories and places in which food or drink is sold or
prepared or stored for sale, and





of the sale of water, non-alcoholic beverages, fresh
provisions and milk;

(g)regulation and control by registration, licensing or otherwise
of street stalls where food is sold or prepared for sale;

(h)regulation, inspection and licensing of cafes, food canteens,
food stalls, marine restaurants and restaurants ;

(i)seizure and disposal of unwholesome food, and the
prevention of the manufacture or sale of unsound food;

(j) prohibition of the addition of any specified thing or of more
than the specified quantity or proportion thereof to any
food;

(k)prohibition of any modes of manufacture, preparation tion or
preservation of any food;

(l)securing the cleanliness and freedom from contamination of
any food in the course of its manufacture, preparation,
storage, packing, carriage, delivery or exposure for sale, and
the cleanliness of places, receptacles, appliances and
vehicles used in such manufacture, preparation, storage,
packing, carriage or delivery;

(m)control, including prohibition, of the importation from the
New Territories and from any place outside the Colony or of
the production, cultivation, catching, sale or offer or exposure
for sale of aii., food in any case where such control, including
prohibition, is in the opinion of the Council necessary for the
prevention, cure or control of disease;

(n)fees to be charged in connection with any of the above
matters;

(o)offences in the case of contravention of any such by-laws
and prescribing forfeiture in respect thereof and penalties
therefor : Provided that no penalty so prescribed shall exceed
a fine of two thousand dollars or imprisonment for six months;

(p)generally for carrying out the provisions of this Ordinance.

6. Any licence or permit issuable by the Council under any by-law
made under section 5 shall be so issuable subject to such condition as
the Council may see fit to
impose. [5A]





7. All by-laws made by the Urban Council shall be submitted to
the Governor, and shall be subject to the approval of the Legislative
Council.

8. (1) Any person who contravenes any of the provisions of this
Ordinance shall be liable on summary conviction to a fine of two
thousand dollars or to imprisonment for six months, as Well as to Suffer
any forfeiture that may be prescribed therein.

(2) Any licence issued under any by-law made under this
Ordinance shall be liable to cancellation by the Council on the breach
of any by-law to which the holder of such licence is subject or on
breach of any condition of the licence.

9. The execution of the various technical services prescribed by
this Ordinance and the by-laws made thereunder shall be carried out
under the general direction of the Deputy Director of Health Services.

10. In the absence of a police officer it shall be lawful for any
officer of the Sanitary Department in whose presence an offence
against any of the provisions of this Ordinance or of any by-law made
thereunder has been committed, to arrest the offender and either give
him into the custody of a police officer or take him to the nearest police
station : Provided that no such arrest shall be effected except in a
public place or place of public resort or unless it is impracticable to
proceed against the offender by complaint and summons

11. This Ordinance and the regulations and by-laws inade
thereunder shall not apply to any part of the New Territories (except
New Kowloon) unless and to Such extent as the Governor in Council
shall by, order signified in the Gazette otherwise direct.

12. (1) Whenever any person is dissatisfied with the exercise of
the discretion of the Council or of any person to whom discretionary
power is given under this Ordinance in respect of any act, matter or
thing which is by this Ordinance made subject to the exercise of the
discretion of such authority, or with any action or decision of the
Council





or of any such person either as to the carrying out of or the meaning of
any of the provisions of this Ordinance, or whenever any of the
provisions of this Ordinance are, owing to special conditions,
undesirable, the person so dissatisfied may, unless proceedings have
already been taken before a magistrate in relation thereto, appeal to the
Governor in Council, who, if in his opinion the exercise of such
discretion or such action or decision requires modification, revocation
or setting aside, or such special conditions exist as render any such
provision undesirable, may make such order in respect thereof as may
be just.

(2) The grounds of such appeal shall be concisely stated in writing,
and the appellant may, if he so desires, be present at the hearing of
such appeal and be heard in its support either by himself or by his
representative, and the Governor in Council shall thereafter determine
the matter in the absence of, and without further reference to, the
Urban Council.

13. (1) In any appeal under the provisions of section
12 the Governor in Council may at any time in his discretion
direct a case to be stated for the opinion of the Full Court
on any question of law involved in any appeal submitted
to him. The terms of such case shall be agreed upon by
the parties concerned, or in the event of their failure to agree
shall be settled by the Full Court. The Full Court shall
hear and determine the question of law arising on any case
stated as aforesaid, and shall remit the matter to the
Governor in Council who shall give effect by order to the
finding of the court. The costs of such hearing shall be
in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by
counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus, injunction, prohibition
or other order shall be taken against the Governor in Council in respect
of anything arising out of this section.

(4) The Clerk of Councils shall give the appellant seven days
notice of the hearing of the appeal, and shall at the same time furnish
the appellant with a copy of the evidence and documents Submitted by
the respondent for the con-





sideration of the Governor in Council Provided that notliing herein
contained shall be deemed to prevent any person from applying to the
Supreme Court for a mandamus, injunction, prohibition or other order,
should he elect so to do instead of appealing to the Governor in
Council under section 12.

14. Every order of the Governor in Council on any appeal shall be
final and may be enforced by the Supreme Court as if it had been an
order of that court.

15. No matter or thing done by the Council or by any member or
officer of the Council or by any person whatsoever acting under the
direction of the Council shall, if it was done bona fide for the purpose
of executing this Ordinance, subject them or any of them personally to
any action, liability, claim or demand whatsoever : Provided that
notliing herein contained shall exempt any person from any proceeding
by way of mandamus, injunction, prohibition or other order unless it is
expressly so enacted.
13 of 1935. 39 of 1936. 19 of 1948. 22 of 1950. Short title. Interpretation. 19 of 1948, s. 2. [s. 2 cont.] Sale and possession of unwholesome food. Inspection and seizure of unwholesome food. 39 of 1936, s. 3. 39 of 1936, s. 4. Matters with regard to which the Council has power to make by-laws. 39 of 1936, s. 6. [s. 5 cont.] 19 of 1948, s. 3. 19 of 1948, s. 3. 39 of 1936, s. 6. Licence of permit to be issuable subject to condition. 19 of 1948, s. 4. By-laws subject to approval of Legislative Council. Penalties. 22 of 1950, Schedule. Direction of technical services. 19 of 1948, s. 5. Power of arrest in absence of police officer. 39 of 1936, s. 7. Application of Ordinance to New Territories, etc. 39 of 1936, s.7. Appeal of Governor in Council against decision of any person entrusted with power under this Ordinance. 39 of 1936, s. 7. [s. 12. cont.] Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. 39 of 1936, s. 7. Order of Governor in Council enforced by the Court. 39 of 1936, s.7. Limitation of liability.

13 of 1935. 39 of 1936. 19 of 1948. 22 of 1950. Short title. Interpretation. 19 of 1948, s. 2. [s. 2 cont.] Sale and possession of unwholesome food. Inspection and seizure of unwholesome food. 39 of 1936, s. 3. 39 of 1936, s. 4. Matters with regard to which the Council has power to make by-laws. 39 of 1936, s. 6. [s. 5 cont.] 19 of 1948, s. 3. 19 of 1948, s. 3. 39 of 1936, s. 6. Licence of permit to be issuable subject to condition. 19 of 1948, s. 4. By-laws subject to approval of Legislative Council. Penalties. 22 of 1950, Schedule. Direction of technical services. 19 of 1948, s. 5. Power of arrest in absence of police officer. 39 of 1936, s. 7. Application of Ordinance to New Territories, etc. 39 of 1936, s.7. Appeal of Governor in Council against decision of any person entrusted with power under this Ordinance. 39 of 1936, s. 7. [s. 12. cont.] Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. 39 of 1936, s. 7. Order of Governor in Council enforced by the Court. 39 of 1936, s.7. Limitation of liability.

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