FOOD AND DRUGS (COMPOSITION AND LABELLIG) REGULATIONS

FOOD AND DRUGS (COMPOSITION AND LABELLIG) REGULATIONS

FOOD AND DRUGS (COMPOSITION AND LABELLING)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... W 2

2. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... W 2

3. Standards of composition ... ... ... ... ... ... ... ... ... ... ... ... W 4

4. Marking and labelling ... ... ... ... ... ... ... ... ... ... ... ... W 4

4A. Labelling of prepackaged food ... ... ... ... ... ... ... ... ... ... W 4

5. Offiences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... W 4

6. Name in which proceedings may be brought ... ... ... ... ... ... ... ... W 5

7. Compliance with other labelling requirements ... ... ... ... ... ... ... ... W 5

First Schedule. Part I-Composition of foods and drugs other than milk and milk

products... ... ... ... ... ... ... ... ... ... ... W 5
Part II-Composition of milk and milk products ... ... ... ... ... W 6

Second Schedule. Marking and labelling of foods and drugs ... ... ... ... ... ... W 8

Third Schedule. Marking and labelling of prepackaged foods ... ... ... ... ... ... W11

Fourth Schedule. Items exempt from Third Schedule ... ... ... ... ... ... ... ... W 13





FOOD AND DRUGS (COMPOSITION AND LABELLING)
REGULATIONS

(Cap. 132, section 55)

[11 November 1960.]

1. These regulations may be cited as the Food and Drugs
(Composition and Labelling) Regulations.

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

'additive' means any substance, not commonly regarded or used as
food, which is added to, or used in or on, food at any stage to affect
its keeping qualities, texture, consistency, appearance, taste, odour,
alkalinity or acidity, or to serve any other technological function in
relation to food, and includes processing aids in so far as they are
added to, or used in or on, food as aforesaid, but does not include

(a)vitamins, minerals or other nutrients in so far as they are used
solely for the purpose of fortifying or enriching food or of
restoring the constituents of food;

(b) herbs or spices when used as seasoning;

(e) hops;

(d) salt;

(e) yeast or yeast extracts;

the total products of any hydrolysis or autolysis of food
protein;

(g) starter cultures;

(h) malt or malt extract;

(i)any substance which is present in food solely as a result of its
addition to animal, bird or fish feedingstuffs or its use in a
process or treatment carried out in crop husbandry, animal
husbandry, veterinary medicine or storage (including any
pesticide, fumigant, sprout depressant or veterinary medicine);
or

(j) air or water.,

'Authority' means the Secretary for Municipal Services;

'catering establishment' means a restaurant, canteen, club, public
house, school, hospital or other establishment (including a vehicle
or a fixed or mobile stall) where, in the course of a business, food is
prepared for delivery to the ultimate consumer for immediate
consumption;





'container' includes every kind of box, bottle, tin, carton, package or
wrapping enclosing an article or substance, but does not include
an outer cover or wrapping superimposed for the purpose of
consignment or delivery;

frozen confection' means any confection commonly sold for human
consumption in a frozen or chilled state;

'ingredient' means any substance, including any additive and any
constituent of a compound ingredient, which is used in the
manufacture or preparation of a food and which is still present in
the finished product, even if in altered form;

'labelling', in relation to a food, includes any words, particulars, trade
mark, brand name, pictorial matter or symbol relating to the food
and appearing on the packaging of the food or on any document,
notice, label, ring or collar accompanying the food;

'meat' means the flesh or other edible part of

(a) any animal; or

(b) any bird,

intended for human consumption;

'milk' means cows milk and includes cream and separated milk but does
not include dried milk, condensed milk or reconstituted milk or
buffaloes milk or goats milk;

'milk beverage' means any beverage resulting from the combining with
a liquid of milk fat and other solids derived from milk, whether
exclusive of any food additive or otherwise;

'permitted colouring matter' means any colouring matter specified in the
First Schedule to the Colouring Matter in Food Regulations, or any
combination of such colouring matters;

'prepackaged food' means any food packaged, whether completely or
partially, in such a way that

(a)the contents cannot be altered without opening or changing
the packaging; and

(b)the food is ready for presentation to the ultimate consumer or
a catering establishment as a single food item;

'reconstituted milk' means products resulting from the recombining
with water of milk constituents, namely, milk fat and other solids
derived from milk exclusive of any other substance, and includes
the products resulting from the melting of frozen concentrated milk
and 'to reconstitute milk' shall be construed accordingly;

'sell' includes offer or expose for sale and have in possession for sale,
and 'sale' and 'sold' shall be construed accordingly;

'tenderized meat' means meat which has been treated with proteolytic
enzymes or meat derived from live animals or birds which have been
so treated;





'ultimate consumer means any person in Hong Kong who buys
otherwise than

(a) for the purpose of resale;

(b) for the purposes of a catering establishment; or

(e) for the purposes of a manufacturing business.

(2) For the purposes of these regulations, the supply of food,
otherwise than by sale, at, in or from any place where food is supplied in
the course of a business shall be deemed to be a sale of that food, and
references to purchasers shall be construed accordingly.

3. The standards of composition of the foods and drugs specified in
the First Schedule shall be the standard prescribed in respect thereof in
that Schedule.

4. The foods and drugs specified in the Second Schedule shall be
marked and labelled in the manner prescribed in that Schedule.

4A. (1) Without prejudice to regulation 4 but subject to paragraph
(2), prepackaged food shall be marked and labelled in the manner
prescribed in the Third Schedule.

(2) The items listed in the Fourth Schedule shall be exempt from the
requirements of this regulation to the extent specified in that Schedule.

(3) The Authority may by notice in the Gazette amend the Fourth
Schedule.

5. (1)' Any person who advertises for sale, sells or manufactures for
sale any food or drug which does not conform to the relevant
requirements as to composition prescribed in the First Schedule or which
is not marked and labelled in the manner prescribed in the Second
Schedule or the Third Schedule commits an offence and is liable to a fine
of 525,000 and to imprisonment for 6 months.

(2) In any proceedings for an offence against paragraph (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, advertisements, he received
the advertisement for publication in the ordinary course of business.

(3) In any proceedings for an offence against paragraph (1) in
relation to the possession for sale of any prepackaged food which is not
marked or labelled in the manner prescribed in the Second Schedule or
the Third Schedule, it shall be a defence for the defendant to show that
before offering the food for sale he would have taken all reasonable
steps to ensure that the food was so marked or labelled.





6. Without prejudice to the provisions of any other enactment
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 respect of drugs, be
brought in the name of the Director of Medical and Health
Services

(b)where the offence was committed in the Urban Council area in
respect of food, be brought in the name of the Urban Council;
or

(c)where the ofrence was committed in the Regional Council area
in respect of food, be brought in the name of the Regional
Council.

7. Nothing in these regulations shall be construed as exempting any
person from compliance with any other provisions of the Ordinance
which relate to the labelling of food.

FIRST SCHEDULE [reg. 3.]

(In this Schedule reference to proportion or percentage
means proportion or percentage by weight)

PART I

COMPOSITION OF FOODS AND DRUGS OTHER THAN MILK AND MILK PRODUCTS

1. Drugs and ingredients and component parts of drugs shall conform to the
standards specified therefor respectively in the British Pharmacopoeia or British
Pharmacopoeia Codex.

2. Margarine shall be any article of food, whether mixed with butter or not,
which resembles butter and is not milk-blended butter. It shall be free from rancidity
and shall contain neither more than 16% moisture nor more than 10% butter fat.

3. Coffee shall be the seed of Coffea arabica and other species of the genus
Coffea and shall contain no foreign substances.

4. Lard shall be the clean fat rendered from the meat of the hog. It shall
contain not more than 1 % of substances other than hog fat unavoidably
incorporated with it in the process of rendering, and not more than 1 % of water. It
shall not contain any foreign substance.

5. Vinegar shall be a liquid derived wholly from alcoholic and acetous
fermentations without any intermediate distillation. It shall contain not less than
4.0 grammes of acetic acid in 100 cubic centimetres of the vinegar, and shall not
contain any other foreign substance, except caramel.

6. Malt vinegar shall be vinegar as prescribed in item 5, but it shall be derived
wholly from malted barley, with or without addition of cereals, the starch of which
has been saccharified by the diastase of malt.

Nothing prescribed in this item or in item 5 shall apply to Chinese native
vinegar sold as such under the names of Chit Ts'o Pak Ts'o or Hak Ts'o

7. Honey shall contain not more than 5% of sucrose.

8. Baking powder shall yield not more than 1.5% of its weight of residual
carbon dioxide and not less than 8% of its weight of available carbon dioxide, the
weight of residual and available carbon dioxide, respectively, being determined in
the following manner











(a) Residual carbon dioxide-

A sample of 2 grammes of baking powder shall be treated with 25
millitres of water and evaporated to dryness on a boiling water bath and
subsequently treated with a further 25 millilitres of water and evaporated
in like manner. The weight of the residual carbon dioxide is the weight
evolved when the sample so treated is further treated with excess of dilute
sulphuric acid at room temperature, the evolution being completed either
by boiling or by means of reduced pressure.

(b) Available carbon dioxide-

The weight of available carbon dioxide is the difference between the
total weight of carbon dioxide and the weight of the residual carbon
dioxide obtained when the sample is treated in the manner prescribed in
paragraph (a), the total weight of carbon dioxide being determined by
ascertaining the weight evolved when a similar sample of the baking
powder is treated with excess of dilute sulphuric acid at room temperature,
the evolution being completed either by boiling for 5 minutes or by means
of reduced pressure.

PART 11

COMPOSITION OF MILK AND MILK
PRODUCTS

9. Milk and reconstituted milk shall contain not less than 3.25% of milk fat,
and the quantity of milk solids, other than milk fat, present in milk and
reconstituted milk shall not be less than 8.5%.

9A. A milk beverage shall contain not less than 0.1% of milk fat.

10. Cream shall consist of that part of milk rich in fat which has been-

(a)in the case of clotted cream, produced and separated by scalding, cooling
and skimming; and

(b) in every other case, separated by skimming or otherwise.

11. (1) Subject to paragraphs (2) to (6), cream, howsoever described as cream,
including such descriptions as single cream, pouring cream, coffee cream, fruit
cream, or reconstituted cream, shall contain not less than 18% milk fat.

(2) Sterilized cream shall contain not less than 23% milk fat.

(3) Half cream and sterilized half cream shall contain not less than 12% milk
fat.

(4) Whipping cream and whipped cream shall contain not less than 35% milk
fat.

(5) Double cream and thick cream shall contain not less than 48% milk fat.

(6) Clotted cream shall contain not less than 55% milk fat.

12. (1) No sterilized cream or ultra heat treated cream shall contain more than
0.2% of any one or, as the case may be, more than 0.2% of any combination of the
following ingredients

(a) calcium chloride;

(b) sodium or potassium salts of-

(i) carbonic acid;







(ii) citric acid;

(iii) orthophosphoric acid.

(2) No cream which is sold or delivered to a manufacturer for the purpose of
his manufacturing business or to a caterer for the purpose of his catering business
shall contain more than 13% sugar.

(3) No whipping cream which is sold or delivered to a manufacturer for the
purpose of his manufacturing business or to a caterer for the purpose of his catering
business, whipped cream and cream in an aerosol container shall contain

(a) more than 13% sugar; and





(b)more than 0.3% of any one or, as the case may be, more than 0.3% of
any combination of the following ingredients

(i) sodium alginate or a mixture of sodium bicarbonate, tetrasodium
pyrophosphate and alginic acid;

(ii) sodium carboxymethyl cellulose.,

(iii) carrageenan;

(iv) gelatin.

(4) Whipped cream and cream in an aerosol container may contain nitrous
oxide.

(5) No cream in an aerosol container shall contain more than 0.5% of glycery]
monostearate.

(6) Clotted cream may contain nisin.

13. The product known as 'half and half consisting of a mixture of milk and
cream shall contain not less than 11.5% milk fat.

13A. The product known as recombined or reconstituted 'half and half
consisting of recombined or reconstituted cream and recombined or reconstituted
milk shall contain not less than 11.5% milk fat.

14. Sweetened condensed or evaporated milk shall be milk which has been
condensed by the evaporation of a portion of its water content, and to which sugar
has been added, and shall contain not less than 28% of total milk solids and not less
than 8% of milk fat. It shall not contain any foreign substance except sugar.

15. Sweetened condensed skimmed or separated milk shall be skimmed or
separated milk which has been condensed by the evaporation of a portion of its
water content, and to which sugar has been added, and shall contain not less than
24% of total milk solids including fat. It shall contain no foreign substance other
than sugar.

16. Unsweetened condensed or evaporated milk shall be milk which has been
condensed by evaporation of a portion of its water content, and heat-treated, and
shall contain not less than 25.5% of total milk solids and not less than 7.8% of
milk fat. It shall contain no foreign substance.

17. Unsweetened condensed or evaporated skimmed or separated milk shall be
skimmed or separated milk which has been condensed by the evaporation of a
portion of its water content, and heat-treated, and shall contain not less than 20%
of total milk solids including fat.

18. Butter shall be the clean, non-rancid fatty substance obtained by churning
milk or cream. It shall contain not less than 80% of milk fat, not more than 16%
of water and not more than 4% of salt (sodium chloride). It shall not be mixed with
any foreign fat or oil, and it shall not contain any foreign substance except salt
(sodium chloride) and permitted colouring matter.

19. Cheese shall be the solid or semi-solid product obtained by coagulating
milk with rennet or acid, with or without the addition of ripening ferments,
seasonings, salt (sodium chloride) and permitted colouring matter. It shall contain
not less than 30% of milk fat in its water-free substance, and it shall not contain
any foreign fat.

20. Cream cheese shall be cheese made from milk and cream. It shall contain
not less than 60% of milk fat in its water-free substance.

21. Whole-milk cheese shall be cheese made from milk. It shall contain not
less than 50% of milk fat in its water-free substance.







22. Skim-milk cheese shall be cheese made from milk from which part of the
fat has been removed. It shall contain not less than 10% of milk fat in its water-
free substance.

23. Ghee shall be made from milk (including buffalo milk) and shall contain no
fat other that derived from such milk.

24. Ice cream shall contain not less than 5% fat, 10% sugar and 7 1/2% milk
solids other than fat:

Provided that ice cream containing any fruit, fruit pulp or fruit puree shall
either conform to the aforesaid standard or, alternatively, the total content of fat,
sugar and milk solids other than fat shall not be less than 25% of the ice cream
including the





fruit, fruit pulp or fruit puree, as the case may be, and such total content of fat,
sugar and milk solids other than fat shall include not less than 71% fat, 10% sugar
and 2% milk solids other than fat.

For the purpose of the aforesaid standards relating to ice cream, 'sugar' means
sucrose. sugar or the solids of any sweetening material derived from starch,
provided that no ice cream shall contain less than 7 1/2% sucrose.

SECOND SCHEDULE [reg. 4.]

MARKING AND LABELLING OF FOODS AND
DRUGS

1. Margarine.

Every container containing margarine shall be clearly and legibly marked
'MARGARINE in English lettering not less prominent than any other lettering
upon such container.

2. Separated milk, skimmed milk, partly skimmed milk, condensed or
evaporated skimmed milk and condensed or evaporated partly skimmed milk.

(1) Every container containing separated milk, skimmed milk, partly skimmed
milk, condensed or evaporated skimmed milk or condensed or evaporated partly
skimmed milk shall bear a label upon which is printed such one of the following
declarations as may be applicable

(a) in the case of separated milk-

SEPARATED MILK


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


(b) in the case of skimmed milk-

SKIMMED MILK

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



(c) in the case of partly skimmed milk-

PARTLY SKIMMED MILK



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







(d)in the case of condensed or evaporated skimmed milk and condensed or
evaporated partly skimmed milk, whichever of the following is
appropriate

CONDENSED SKIMMED MILK

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


CONDENSED PARTLY SKIMMED MILK


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



Provided that in any such declaration-

(i) the words 'EVAPORATED' and 'AR)' may he substituted for the
words 'CONDENSED' and ' (*) ' respectively;

(ii) the words 'MACHINE-SKIMMED' and may be substituted for the
words 'SKIMMED' and ' ()---respectively;

(iii) if sugar has not been added to the milk, the words 'UNSWEET-
ENED' andmay be added to the English lettering and
Chinese characters respectively, which constitute the description of the
milk;
and

(iv) if sugar has been added to the milk, the words 'SWEETENED' and

' shall be added to the English lettering and Chinese characters
respectively, which constitute the description of the milk.

(2) 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).

(3) Every label prescribed in paragraph (I.) 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.

(4) No comment on or explanation of the prescribed declaration shall be
placed on the label or container.

3. Reconstituted milk and cream.

(1) Subject to the provisions of paragraph (2), every container containing
reconstituted milk or reconstituted cream shall be clearly and legibly marked

(a) with the words 'RECONSTITUTED MILK or 'RECON-

STITUTED CREAM as the case may be, in English
lettering and Chinese characters of equal size and prominence and of
greater
prominence than any other lettering or characters respectively appearing
upon such container;

(b)in English lettering, with the name and address of the person by whom the
contents were processed; and





(c)in English lettering, with a declaration of the method of heat-treatment
by which the contents were processed.

(2)(a) Every container containing reconstituted skimmed milk shall bear such
label as may be approved by the Authority.

(b)The Authority shall not approve a label unless he is satisfied that there
has been substantial compliance with

(i) the provisions of paragraph (1) relating to reconstituted milk, and
(ii) the provisions of item 2 relating to skimmed milk.

3A. Pasteurized cream and ultra heat treated cream.

(1) Subject to paragraph (2), every container containing pasteurized cream or
ultra heat treated cream shall be clearly and legibly marked in English lettering with
one of the following words or expressions

(a) 'PASTEURIZED';

(b) 'ULTRA HEAT TREATED or

(c) 'U.H.T.'.

(2) Paragraph (1) shall not apply to containers containing clotted cream.

4. Milk.

Every container containing milk shall be clearly and legibly marked

(a)in English lettering, with the name and address of the person by whom the
contents were processed; and

(b)in English lettering, with a declaration of the method of heat-treatment
by which the contents were processed.

5. (1) Beverages containing milk or reconstituted milk.

Every container containing a beverage which includes milk or reconstituted
milk and which conforms to the standard of composition specified in Part 11 of
the First Schedule, shall be clearly and legibly marked

(a)in English lettering, with the name and address of the person by whom the
contents were processed;

(b)in English lettering, with a declaration of the method of heat-treatment by
which the contents were processed.

(2) The Authority may in any case dispense with or relax the requirements of
paragraph (1)(b).

6. Beverages described as milk or cream or resembling milk.

Every container containing

(a)a beverage which includes milk or reconstituted milk but which does not
conform to the standards of composition specified in Part 11 of the First
Schedule; or

(b)a beverage which is described for the purpose of sale by any name, trade
mark or trade description which includes the words milk or 'cream' or the
Chinese characters or or any word or character implying that such
beverage is or contains milk or cream; or

(c)any soya bean juice or coconut juice (except in whole coconuts) or any

other beverage which resembles milk either in colour, taste, appearance or
consistency,

shall be marked in a conspicuous and easily legible manner in the English and
Chinese languages with an accurate description of the principal ingredients.

7. Frozen confections.

Every container containing a frozen confection shall be clearly and legibly
marked, in English lettering, with the name and address of the person by whom the
contents were manufactured.

8. [Deleted, L.N. 222/85]





9. Tenderized meat.

(a)Every container containing tenderized meat shall be clearly and legibly
marked with the words TENDERIZED MEAT' in capital letters and the
Chinese characters

(b)In the case of tenderized meat which is not made up in or on a container,
a label or ticket clearly and legibly marked with the words 'TENDERIZED
MEAT' in capital letters and the Chinese characters

shall be affixed or attached to that meat.

THIRD SCHEDULE [reg. 4A.]

MARKING AND LABELLING OF PREPACKAGED FOODS

1 . (1) Prepackaged food shall be legibly marked or labelled with its name or
designation.

(2) The name or designation shall not be false, misleading or deceptive in any
respect as to the nature of the food.

(3) If any brand name, including any fancy name, or any trade mark would be
likely to mislead a purchaser in any respect as to the nature of the food, such name
or mark shall be immediately followed by the word 'Brand' or the letters 'TM', as
appropriate, printed in legible letters or characters of not less than 3 mm in height.

(4) Any customary or traditional name in use in Hong Kong before the
commencement of these regulations and indicative of a particular food may
continue to be used as the name of that food, unless and until the Authority by
notice in the Gazette prohibits such use.

(5) Where a purchaser could be misled by the omission of an indication-

(a) that a food is powdered or is in any other physical condition; or

(b)that a food has been dried, freeze-dried, frozen, concentrated or smoked, or
has been subjected to any other treatment,

the name of the food shall include or be accompanied by such an indication.

2. (1) Prepackaged food shall be marked or labelled with a list of ingredients,
headed or preceded by an appropriate heading consisting of or including the word
'ingredients'.

(2) Subject to sub-paragraphs (3) and (4), the ingredients (other than water if it
constitutes less than 5% by volurne of the food) shall be listed in descending order
of weight or volume determined as at the time of their use when the food was
packaged.

(3) In the case of an ingredient which is used in a food in concentrated or
dehydrated form and which is reconstituted during preparation of the food for
consumption, the weight or volume used in determining the order of the list of
ingredients may be the weight or volume of the ingredient before concentration or
dehydration.

(4) Without prejudice to sub-paragraph (3), where a food is in concentrated or
dehydrated form and is intended to be reconstituted by the addition of water, its
ingredients may be listed in descending order of their weight or volume in the food
when reconstituted as directed, if the heading of the list of ingredients includes or is
accompanied by the words 'ingredients of the reconstituted product or ingredients
of the ready to use product' or by some other indication to similar effect.

(5) Subject to section 58 of the Ordinance and unless the Authority otherwise
allows in any particular case, an additive constituting one of the ingredients of a

food shall be listed by its specific name or by the appropriate category or by both
name and category.

(6)The categories of additive for the purpose of sub-paragraph (5) are-

Acid

Acidity regulator

Anti-caking agent

Anti-foaming agent





Antioxidant Artificial sweetener Colour Emulsifier Emulsifying salt Flavour
enhancer Flavouring Flour improver Gelling agent Glazing agent Modified
starch Preservative Raising agent Stabilizer Thickener.

3. If any prepackaged food is marked or labelled with a list of ingredients
notwithstanding that it is exempted from the requirements of paragraph 2, such list
shall conform in all respects with the requirements of this Schedule.

4. (1) Prepackaged food shall be legibly marked or labelled with an indication
of its minimum durability.

(2) The minimum durability shall be indicated by-

(a)the words 'best before', 'sell by', 'sell before', 'consume by', 'consume
before' or some similar words in both the English and Chinese languages
followed by the date up to and including which the food can reasonably be
expected to retain its specific properties if properly stored; and

(b)a statement of any storage conditions which need to be observed if the
food is to retain its specific properties until that date.

(3) The date in the indication of minimum durability shall be shown either in
Arabic numerals or in both the Chinese and English languages and shall be expressed
in terms of a day, month and year, in that order, except that

(a)in the case of a food which can reasonably be expected to retain its
specific properties for not more than 3 months, the date may be
expressed in terms of a day and month, in that order;

(b)in the case of a food which can reasonably be expected to retain its
specific properties for more than 3 but not more than 18 months, the
date may be expressed in terms of a month and a year in that order,
preceded by the word 'end'.

(4) The date up to and including which a food can reasonably be expected to
retain its specific properties if properly stored may appear on the labelling of a
food separately from the words immediately preceding the date, provided that those
words are followed by a reference to the place where the date appears.

5. (1) Where special conditions are required for the storage of a prepackaged
food, a statement of such conditions shall be legibly marked or labelled on the food.

(2) Where special instructions are needed in order that appropriate use may be
made of a prepackaged food, such instructions shall be legibly marked or labelled on
the food.

(3) Any statement or instructions marked or labelled on food under this
paragraph shall conform so far as possible with other requirements of this Schedule.

6. (1) Subject to sub-paragraph (2) or (3), prepackaged food shall be legibly
marked or labelled with the full name or business name and the full address or details
of the registered or principal office of the manufacturer or packer.

(2) Sub-paragraph (1) shall not apply to prepackaged food if-

(a) it is marked or labelled with-

(i) an indication of its country of origin;





(ii) the name of the distributor or brand owner in Hong Kong, and

(iii) the address of the registered or principal office of the distributor or
brand owner in Hong Kong; and

(b)the full address of the manufacturer or packer of the food in its country of
origin has been notified in writing to the Authority by the distributor or
brand owner in Hong Kong.

(3) Sub-paragraph (1) shall not apply to prepackaged food if-

(a) (i) it is marked or labelled with an indication of its country of origin and

with a code marking identifying the manufacturer or packer in that
country;
and

(ii) particulars of the code marking and of the manufacturer or packer
to whom it relates have been notified in writing to the Authority by the
manufacturer or packer or by the distributor or brand owner in Hong
Kong; or

(b)the factory or other place where the food was manufactured or packed is
owned, run or managed by the government of its country of origin and the
food is marked or labelled in such a manner as to indicate that it is a
product of that government.

7. (1) Prepackaged food shall be clearly marked or labelled with the numerical
count of the contents or with the net weight or net volume of the food.

(2) The net weight and net volume shall, so far as is practicable, be indicated in
accordance with the Weights and Measures Ordinance or with the International
System of Units set out in the First Schedule to the Metrication Ordinance.

8. (1) Except as provided in paragraph 4(3) and subject to sub-paragraph (3),
the marking or labelling of prepackaged food for purposes of this Schedule shall be
in either the English or the Chinese language or in both languages.

(2) If both the English and Chinese languages are used in the labelling or
marking of prepackaged food, the name of the food and the list of ingredients shall
appear in both languages, but otherwise the requirements of this Schedule need only
be met in one of those languages.

(3) Unless the Authority otherwise requires in any particular case, any
prepackaged food may, if it is national or traditional to the country of its
manufacture and is not generally manufactured in any other country, be marked and
labelled in accordance with this Schedule in the language of the country of its
manufacture.

FOURTH SCHEDULE [reg. 4A.]

ITEMS EXEMPT FROM THIRD SCHEDULE

Item Parts of Third Schedule from
which item is exempt

Prepackaged food with an alcoholic strength The whole Schedule except
by volume of more than 1.2% as determined paragraph 3
under section 53 of the Dutiable Commodities
Ordinance
Prepackaged food sold at a catering establish- The whole Schedule except
ment for immediate consumption paragraph 3
Individually wrapped confectionery products The whole Schedule
in a fancy form intended for sale as single items
Individually wrapped preserved fruits which The whole Schedule






are not enclosed in any further packaging and
which are intended for sate as single items
Prepackaged food packed in a container the Paragraphs 2, 5 and 6
largest surface of which has an area of less than
10 cm,





Item Parts of Third Schedule from
which item is exempt
Fresh fruit and fresh vegetablesParagraphs 2 and 4
Carbonated water, to which no ingredient Paragraph 2
other than carbon dioxide has been added and
the description of which indicates that it has
been carbonated
Vinegar which is derived by fermentation ex- Paragraphs 2 and 4
clusively from a single basic product and to
which no other ingredient has been added
Cheese, butter, fermented milk and fermented Paragraph 2
cream, to which no ingredient has been added
other than-
(i) lactic products, enzymes and micro-
organism cultures essential to the manufacture
of the item; or
(ii) the salt needed for the manufacture of
mature cheese
Any food consisting of a single ingredient Paragraph 2
Flavourings Paragraph 2
Cooking salt Paragraph 4
Sugar with no added ingredients other than Paragraph 4
preservatives
Deep-frozen (including quick-frozen) food Paragraph 4
Any food which can reasonably be expected to Paragraph 4
retain its specific properties for more than
18 months
G.N.A. 74/60. G.N.A. 48/61. 32 of 1963. L.N. 30/67. L.N. 163/69. L.N. 184/69. L.N. 116/70. L.N. 184/69. L.N. 116/70. L.N. 45/75. L.N. 217/77. L.N. 67/85. L.N. 67/85. L.N. 222/85. L.N. 313/85. 10 of 1986. L.N. 330/87. G.N.A. 132/60. Citation. Interpretation. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 163/69. L.N. 222/85. L.N. 222/85. L.N. 116/70. L.N. 222/85. 32 of 1963, s. 20. L.N. 217/77. (Cap. 132, sub. leg.) L.N. 222/85. L.N. 30/67. L.N. 222/85. L.N. 116/70. L.N. 222/85. L.N. 222/85. Standards of composition. First Schedule. Marking and labelling. Second Schedule. Labelling of prepackaged food. L.N. 222/85. Third Schedule. Fourth Schedule. Offences and penalties. L.N. 222/85. L.N. 330/87. L.N. 222/85. Name in which proceedings may be brought. L.N. 30/67. L.N. 67/85. 10 of 1986, s. 32(2). Compliance with other labelling requirements. L.N. 222/85. L.N. 45/75. L.N. 217/77. L.N. 217/77. L.N. 217/77. L.N. 217/77. G.N.A. 48/61. G.N.A. 48/61. L.N. 30/67.

G.N.A. 74/60. G.N.A. 48/61. 32 of 1963. L.N. 30/67. L.N. 163/69. L.N. 184/69. L.N. 116/70. L.N. 184/69. L.N. 116/70. L.N. 45/75. L.N. 217/77. L.N. 67/85. L.N. 67/85. L.N. 222/85. L.N. 313/85. 10 of 1986. L.N. 330/87. G.N.A. 132/60. Citation. Interpretation. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 163/69. L.N. 222/85. L.N. 222/85. L.N. 116/70. L.N. 222/85. 32 of 1963, s. 20. L.N. 217/77. (Cap. 132, sub. leg.) L.N. 222/85. L.N. 30/67. L.N. 222/85. L.N. 116/70. L.N. 222/85. L.N. 222/85. Standards of composition. First Schedule. Marking and labelling. Second Schedule. Labelling of prepackaged food. L.N. 222/85. Third Schedule. Fourth Schedule. Offences and penalties. L.N. 222/85. L.N. 330/87. L.N. 222/85. Name in which proceedings may be brought. L.N. 30/67. L.N. 67/85. 10 of 1986, s. 32(2). Compliance with other labelling requirements. L.N. 222/85. L.N. 45/75. L.N. 217/77. L.N. 217/77. L.N. 217/77. L.N. 217/77. G.N.A. 48/61. G.N.A. 48/61. L.N. 30/67.

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