IMPORTED GAME, MEAT AND POULTRY REGULATIONS

IMPORTED GAME, MEAT AND POULTRY REGULATIONS

IMPORTED GAME, MEAT AND POULTRY REGULATIONS
(Cap. 132, section 55)

[1 July 1976] L.N. 125 of 1976

L.N. 103 of 1976 - L.N. 67 of 1985, 10 of 1986, R. Ed. 1986, L.N. 332 of 1987, L.N. 116 of 1986

1. Citation

These regulations may be cited as the Imported Game, Meat and Poultry
Regulations. (L.N. 116 if 1989)

2. Interpretation

In these regulations, unless the context otherwise requires-

,,animal' means mammals,reptiles, amphibians and birds other than those
from which poultry is derived; '-N. 11

of 1989)

'Authority' means the Secretary for Municipal Services: (L.N. 67 of 1985)

'competent authorityany authority, having power under the laws in
force in any country to examine articles of food and to certify as to their
fitness for human consumption, which is for the time being recognized by
the Authority for the purpose of these regulations; (10 of 1986 s. 32(2)

'country of origin' means

(a)in relation to game or meat, the country where the animal from which
the game or meat is taken was slaughtered; and (L.N. 116 of 1989)

(b)in relation to poultry, the country where the poultry was slaughtered
or processed;

'export' means to take, or cause to be taken, out of Hong Kong any game, meat or
poultry other than game, meat or poultry in transit; (L.N. 116 of 1989)

'fresh', in relation to game, meat or poultry means game, meat or poultry which

(a) has not been subjected to a process of preservation; or

from which poultry
is derived;
means the Secretary
for
authority means

(b) has been preserved by chilling; (L.N. 116 of 1989)

'game' means the fresh or frozen carcass, flesh or other edible part, including edible
viscera and offal, of an animal other than an animal from which meat is derived;
(L.N. 116 of 1989)

'import' means to bring, or cause to be brought, into Hong Kong any game, meat,
poultry or prohibited meat other than game, meat, poultry or prohibited meat in
transit;





'meat' means the fresh or frozen carcass, flesh or other edible part includig edible
viscera and offal of an animal, being an animal kept in captivity before slaughter
from which beef, mutton, pork, veal or lamb is derived; (L.N. 116 of 1989)

-official certificate means

(a)in relation to meat, a certificate issued by a competent authority
showing

(i)that the meat to which it relates was derived from animals
inspected ante and post mortem and passed in accordance with
criteria satisfactory to the Authority; and (L.N. 67 of 1985)

(ii) that all necessary precautions for the prevention of danger to
public health were taken in the dressing or preparing and
packing of the meat; and

(b)in relation to poultry, a certificate issued by a competent authority
showing that the poultry to which it relates was inspected and found
to be fit for human consumption and was packed under sanitary
conditions;

'poultry' means

(a)the fresh or frozen carcass of a domestic fowl, duck, goose, or turkey;
(L.N. 116 of 1989)

(b)the fresh or frozen part of any such carcass other than the viscera; or

(c)the fresh or frozen viscera of any bird mentioned or referred to in
paragraph (a), being viscera that is edible;

'prohibited meat means any of the kinds of meat specified in the Schedule;

'transhipment certificate in. relation to any meat or poultry which is unloaded in any
country in the course of being transhipped within the meaning of regulation
4(4), means a certificate

(a)issued by any authority having the power under the laws in force in
that country, to examine articles of food and to certify as to their
fitness for human consumption; and

(b)showing that the meat or poultry was properly imported into that
country and, during its stay there, did not suffer any spoilage or
deterioration; (L.N. 116 of 1989)

,'vehicle' means every means of conveyance or of transit or other mobile apparatus
used or capable of being used on land, whether on roads or rails and, in any
way whatever, drawn or propelled or carried; (L.N. 116 of 1989)

,'vessel' includes every description of vessel used in navigation for the carriage of
persons or articles, whether or not the vessel is mechanically propelled and
whether or not the vessel is towed or pushed by another vessel. (L.N. 116 of
1989)





3. Recognition of competent authority

(1) The recognition by the Authority of a competent authority for the purposes
of these regulations shall be subject to such conditions as he may specify and may
be varied or cancelled by him at any time.

(2) A notification of the recognition by the Authority of any competent
authority, together with any conditions to which such recognition is subject, and of
the variation or cancellation of any such recognition shall be published in the
Gazette.

(L.N. 67 of 1985)

4. Restriction on the import of certain

meat, meat products and poultry

(1) Subject to subregulation (2), no person shall import

(a) meat or poultry-

(i) without an official certificate; and

(ii) where it has been transhipped, subject to subregulation (5),
without a transhipment certificate; and

(b)game or prohibited meat, whether directly imported or transhipped,
otherwise than with the permission in writing of a health officer and
subject to such conditions as he may impose.

(2) Meat or poultry may be imported without an official certificate subject to the
permission in writing of a health officer and to such conditions as he may impose.

(3) Where a person imports game, meat, poultry or prohibited meat under
subregulation (1) or (2) a health officer may

(a)require the person who imports such game, meat, poultry or prohibited
meat to submit it for inspection by a health inspector on arrival; and

(b)impose such conditions or issue such directions with regard to the
imported game, meat, poultry or prohibited meat as he may consider
desirable for the purpose of ensuring that it is sound, wholesome or fit
for human consumption.

(4) For the purposes of this regulation, meat or poultry is deemed to be
transhipped if it is consigned to Hong Kong from the country of origin but before
being imported into Hong Kong is unloaded in another country and either--

(a)returned to the same vessel or aircraft or vehicle from which it was
unloaded; or

(b)transferred to another vessel or aircraft or vehicle before being
exported from that country, whether it is transferred directly between
such vessels or aircrafts or vehicles or whether it is stored pending
exportation.





(5) No transhipment certificate shall be required in respect of meat or
poultry imported into Hong Kong in sealed refrigerated containers, where the
person who imports the meat or poultry establishes to the satisfaction of a
health officer that the seals of the containers have remained intact and have not
been tampered with in any manner in the course of their journey from the
country of origin to Hong Kong.
(L.N. 116 of 1989)

5.Procedure for export, destruction or disposal
of game, meat, poultry or prohibited meat
imported in contravention of regulation 4

(1) If upon the report of a health inspector who has examined any game,
meat, poultry or prohibited meat it appears to a health officer that-
(a)the meat or poultry is being or has been imported in con-
travention of regulation 4(1)(a) or (2); or
(b)the official certificate or the transhipment certificate accom-
panying the meat or poultry is incorrect or does not apply to
Hong Kong; or
(e)although accompanied by an official certificate and a tranship-
ment certificate, where such is required, the meat or poultry is
unfit for human consumption, unsound or unwholesome; or
(d)game or prohibited meat has been imported without the
permission of a health officer; or
(e)any condition imposed under regulation 4(1)(b) or (2) has not
been complied with; or
(j)although game, meat, poultry or prohibited meat has been
imported in accordance with regulation 4(1)(b) or (2) as the case
may be, any condition or direction referred to in regulation 4(3)
has not been complied with or it is unfit for human consumption,
unsound or unwholesome,
the health officer shall by notice in writing addressed to the person in possession
of the imported game, meat, poultry or prohibited meat direct that such person
shall either surrender such game, meat, poultry or prohibited meat to the
Authority or shall export it to its country of origin, in which event the person
shall not part with possession of such game, meat, poultry or prohibited meat
until it is exported. (L.N. 116 of 1989)
(2) A notice under subregulation (1) shall state-
(a)that within the time specified in the notice, being not less than 48
hours after the notice is received, the person in possession of the
imported game, meat, poultry or prohibited meat shall undertake
in writing that, within 30 days from the date of the undertaking,
he will either surrender the game, meat, poultry or prohibited





meat to the Authority or export the game, meat, poultry or prohibited
meat at his own expense; and

(b)that if the game, meat, poultry or prohibited meat is surrendered or is
not exported in accordance with the undertaking, the game, meat,
poultry or prohibited meat may be destroyed or otherwise disposed
of by the Authority under section 59 of the Ordinance.

(L.N. D6of 1989)

6. Prohibition of re-import where notice

given under regulation 5(1)

No person shall import any game, meat, poultry or prohibited meat, which to his
knowledge has been exported from Hong Kong pursuant to an undertaking given by
any person under regulation 5(2). (L.N. 116 of 1989)

7. Offences and penalties

(1) Any person who

(a)imports game, meat, poultry or prohibited meat otherwise than in
accordance with regulation 4(1) or (2); or

(b)fails to comply with any condition, requirement or direction referred
to in regulation 4; or

(e) contravenes regulation 6, commits an ofrence. (L.N. 116 of 1989)

(2) Any person upon whom a notice has been served under regulation 5 who
parts with possession of any imported game, meat, poultry or prohibited meat for
any purpose other than for export to its country of origin, or for destruction or
disposal under section 59 of the Ordinance shall be guilty of an offence. (L.N. 116 of
1989)

(3) Any person guilty of an offence under subregulation (1) or (2) shall be liable
on conviction to a fine of $25,000 and to imprisonment for 6 months. (L.N. 332 of
1987)

7A. Retention of official certificate

(1) The original of every official certificate accompanying imported meat and
poultry shall be retained by the person who imports the meat and poultry whether or
not he is in possession of the meat and poultry, for not less than 2 months from the
date of import, and shall be available for inspection at all reasonable times by any
health inspector or health officer.

(2) Any person who fails to retain an official certificate or fails to make it
available for inspection as required under subregulation (1) commits an offence and
is liable to a fine of $5,000 and to imprisonment for 3 months.

(L.N. 116 of 1989)





8. Name in which proceedings may he brought

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 offence, 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; or

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

(L.N. 67 of 1985; 10 of 1986 s. 32(2)

SCHEDULE [reg. 21

PROMBITFD MEAT

(a)Scrap meat, that is to say, meat which consists of scraps, trimmings or other pieces (whether
with or without bone) of such shape or in such condition as to afford insufficient means of
identification with a definite part of a carcass

(b)Meat comprising the wall of the thorax or abdomen from which there has been detached any
part of the pleura or (save in the case of meat derived from a pig) the peritoneum, other than
a part necessarily removed in preparing the meat.

(e)Meat, other than mutton and lamb, from which a lymphatic gland, except a gland necessarily
removed in preparing the meat, has been taken out.

(d) The head of an animal without the submaxillary gland.

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