DRIED MILK REGULATIONS

DRIED MILK REGULATIONS

DRIED MILK REGULATIONS

132, sections 55 and 143)

[1 April 1967.]

1. These regulations may be cited as the Dried Milk Regulations.

2. (1) In these regulations, unless the context otherwise requires

'container' includes any form of packaging of dried milk for sale as a
single item whether by way of wholly or partly enclosing the dried
milk or by way of attaching the dried milk to some other article and
in particular includes a wrapper or confining band;

'dried milk means milk, skimmed milk or partly skimmed milk which has
been concentrated in the form of solid or powder by removal of
water, and includes any such milk which has been sweetened,
modified or compounded;

'milk' means cows milk and includes cream and skimmed milk;

' sell' includes offer, expose or possess for sale;

'skimmed milk includes separated or machine skimmed milk.

(2) Percentages shall be calculated by weight.

3. These regulations

(a) apply

(i) to dried milk to which no other substance has been
added;

(ii) to the dried milk contained in any powder or solid of
which not less than 70 % consists of dried milk;

(b) do not apply

(i) in relation to the sale of dried milk to a caterer for the
purposes of his catering business or to a manufacturer for the
purposes of his manufacturing business;

(ii) to dried milk contained in any powder or solid which
has been formulated specifically for baby foods.

4. (1) Dried milk of each description specified in the first column of
the First Schedule shall contain a percentage of milk fat within the limits
specified in relation thereto in the second column of that Schedule and
shall contain not more than 5.0% of moisture, and no person shall sell
any dried milk which does not comply with this regulation.





(2) No person shall sell any food under such a description as
to lead an intending purchaser to believe that he is purchasing dried
milk of a description to which paragraph (1) applies unless such
food complies with this regulation.

(3) Where any person sells any food to a purchaser in response
to a request for dried milk of a description to which paragraph (1)
applies, he shall be deemed to sell dried milk of that description
unless he clearly notifies the purchaser at the time of sale that the
food is not dried milk of that description.

5. (1) Save as is provided in paragraph (3) no person shall
advertise for sale or sell any dried partly skimmed milk or dried
skimmed milk except in a container bearing a label in accordance
with the provisions of the Second Schedule.

(2) No person shall sell any dried partly skimmed milk or
dried skimmed milk in any such container if the container is
wrapped in paper or some other wrapper through which the label on
the container is not clearly visible unless the outermost wrapper also
bears a label as if it were a container to which paragraph (1) of this
regulation applies.

(3) The provisions of this regulation shall not apply in relation
to any sale of dried partly skimmed milk or dried skimmed milk for
immediate consumption on or at the premises of the seller or in or at
any stall or mobile refreshment vehicle.

6. (1) Any person who contravenes or fails to comply with
any provision of these regulations shall be guilty of an offence and
shall be liable on summary conviction to a fine of $25,000 and to
imprisonment for 3, months.

(2) In any proceedings for a contravention of regulation 5(1)
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 advertise-
ments, he received the advertisement for publication in the ordinary
course of business.

7. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences, and without
prejudice to the powers of the Attorney General in relation to the
prosecution of criminal offences, prosecutions for an offence under
any of the provisions of these regulations may-

(a) where the offence was committed in the Urban Council
area, be brought in the name of the Urban Council;

(b) where the offence was committed in the Regional Council
area, be brought in the name of the Regional Council.





FIRST SCHEDULE [reg. 4.]

Description of dried milk Percentage of milk fat

Dried full cream milk Not less than 26

Dried partly skimmed milk Less than 26 and not less than 1.5

Dried skimmed milk Less than 1.5

SECOND SCHEDULE [reg. 5.]

LABELLING OF CONTAINERS OF DRIED MILK

1. Every container-
(a) containing dried partly skimmed milk shall bear the following declaration-

DRIED PARTLY SKIMMED MILK



Contains not more than (z)% milk fat.

Children under one year of age should not be
fed on this milk except under medical advice.


(b) containing dried skimmed milk shall bear the following declaration-

DRIED SKIMMED MILK

Children under one year of age should not be
fed on this milk except under medical advice.


Provided that if any substance has been added the appropriate declaration shall
be modified in accordance with the provisions of paragraph 2.

2. If any substance, other than sodium bicarbonate, sodium citrate or sodium
phosphate has been added to dried partly skimmed milk or dried skimmed milk
contained in any container the declaration of the label shall be in the appropriate
form prescribed in paragraph 1(a) or (b), as the case may be, with the following
modifications

(a)there shall be added to the English lettering and Chinese characters which
constitute the description of the milk

(i) the words 'SWEETENED' and respectively, where only
sugar has been added;

(ii) the words 'MODIFIED' and respectively, where only a
constituent of milk has been added; and

(iii) the words---COMPOUNDED' and respectively in every
other case;





(b) except where sugar is the only added substance-

(i) the expressions 'with (x) added' and shall be added to
the declaration of the label; and

(ii) the insertion shall be completed by inserting words at (x) and (y), in
English lettering and Chinese characters respectively, in order to specify
the substance or substances added.

3. The declaration prescribed in paragraph 1 (a) shall be completed by
inserting at (Z) the maximum milk fat content expressed as a percentage of the
total weight of the dried milk.

4. Each declaration prescribed in paragraph 1 shall-

(a) be marked distinctly and legibly, in English lettering and Chinese
characters;

(b)be printed in dark block type upon a light-coloured ground or in light
block type upon a dark-coloured ground.,

(c) be enclosed by a surrounding line;

(d)include within the surrounding line no matter other than that prescribed
in paragraph 1.

5. Every label prescribed in paragraph 1 shall be securely affixed to or form
part of the container~ and shall be so placed on the side or top of the container as
to be clearly visible.

6. No comment on or explanation of the prescribed declaration shall be
placed on the label or container.
L.N. 29/97. L.N. 67/85. 10 of 1986. Citation. Interpretation. Application. Composition and description of dried milk. First Schedule. Labelling of containers of dried milk. Second Schedule. Offences and penalties. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

L.N. 29/97. L.N. 67/85. 10 of 1986. Citation. Interpretation. Application. Composition and description of dried milk. First Schedule. Labelling of containers of dried milk. Second Schedule. Offences and penalties. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

https://oelawhk.lib.hku.hk/items/show/2579

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