MILK (REGIONAL COUNCIL) BYLAWS

MILK (REGIONAL COUNCIL) BYLAWS

MILK (REGIONAL COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page

PART 1

PRELIMNARY

1. Citation ............................AR 3
2. Application .........................AR 3

3. Interpretation ...................
............................................ AR 3

PART II

SALE OF MILK AND MILK BEVERAGES

4. Permits to sell milk or milk beverage ................................................... AR 4

4A.......................................Restriction on sale, etc. of imported milk or milk beverage AR 4
5. Prohibition of sale of milk or milk beverage in certain cases AR 5
6. Milk or milk beverage to be heat-treated before sale AR 5

7. Ingredient not to be added to cream ............................................................... AR 5

8. Milk not to be sold except in approved containers AR 6

9.............................(Repealed) .......... AR 6
10.............................As to beverages resembling, etc. milk ................ AR 6
11.............................Precautions against contamination of milk, etc . ............................... AR 6
12.............................Milk or milk beverage to be kept below 10'C pending sale
.............................AR 7
12A............................Transport of milk or milk beverage AR 7

PART III

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

13.......................................Business of milk factory not to be carried out except by licence AR 7
14.......................................Application for licence AR 8
15.......................................Conditions of grant of licence AR 8
16.......................................Restriction on alterations or additions to licensed premises AR 10

17. Prohibition of possession of contaminated or adulterated milk or milk

beverage by licensees under this Part .............................................. AR 10
is........................Requirements as to heat-treatment apparatus AR 11





Bylaw Page
19. Control of heat-treatment of milk or milk beverage from outside Hong Kong AR 11
20. Certain ingredients not to be used in the reconstitution of milk or milk
beverage .............................AR 11
20A......................................Licensee not to process milk from unlicensed dairies AR 12
21.......................................General cleanliness of premises and equipment AR 12
22.......................................Construction and design of vessels or containers AR 12
23.......................................Sterilization of vessels and utensils AR 12
24. Utensils used in the processing of milk or milk beverage not to be used for
drinking .............................AR 13
25.......................................Restriction on smoking AR 13
26. Milk or milk beverage processing establishments not to be used for dwelling
purposes ..........................AR 13
27. Prevention of contamination of milk or milk beverage by contact with certain
clothing .............................AR 13
28.......................................Spitting AR 13
29.......................................Personal cleanliness AR 14
30.......................................Prevention of vermin AR 14
31. Yards, alleys, etc. not to be used for processing or reconstituting milk or milk
beverage ..........................AR 14
32.......................................Cleansing of water tanks AR 15
33.......................................General precautions against contamination of milk or milk beverage AR 15
34.......................................Restriction on employment of persons likely to spread disease AR 15
35.......................................Immunization of staff against certain diseases AR 16

PART IV
MISCELLANEOUS
36.Prevention of supply of milk or milk beverage to the danger of public health AR 16
37.......................................Keeping of report books AR 17
38.......................................Fees AR 17
39.......................................Offences and penalties AR 18
40.......................................Name in which proceedings for offences may be brought AR 18

Schedule 1. Methods of heat-treatment ...AR 19

Schedule 2................................Fees ..................................................................................
..........................................AR 19





MILK (REGIONAL COUNCIL) BYLAWS
(Cap. 132, section 56)

[1 July 19631

L.N. 64 of 1963 - L.N. 31 of 1967, L.N. 127 of 1970, L.N. 131 of 1971, L.N. 155 of 1976, L.N.
218 of 1977, L.N. 183 of 1978, L.N. 89 of 1979, L.N. 132 of 1982, L.N. 166 of 1982, L.N.
211 of 1983, L.N. 67 of 1985, 10 of 1986, L.N. 35 of 1987, L.N. 114 of 1987, L.N. 299 of
1987, R. Ed. 1987, L.N. 65 of 1988, L.N. 101 of 1989, L.N. 338 of 1989,

PART I

PRELIMINARY

1. Citation

These bylaws may be cited as the Milk (Regional Council) Bylaws.

(10 of 1986 s.
32(2) )

2. Application

These bylaws apply to the Regional Council area only.

(10 of 1986s.
32 (2) )

3. Interpretation

In these bylaws, unless the context otherwise requires

'bottling' means, in relation to milk or any milk beverage, any method of inserting
milk or a milk beverage into bottles or other kinds of containers for sale or for
use in the making or preparation of food for sale; (L.N. 218 of 1977)

'business as a milk factory' means such a business as is described in bylaw 13(2);
(L.N. 131 of 1971)

'container' includes any cover attached to a container;

'Council' means the Regional Council;

'disease' means any disease of a communicable nature;

'heat-treatment' means the processing of milk or any milk beverage by any of the
methods described in Schedule 1; (L.N. 218 of 1977)

'licence' means a milk factory licence granted under bylaw 13; (L.N. 131 of
1971)

'milk' means cow's milk, buffalo's milk and goat's milk and also means cream and
frozen or reconstituted milk and cream, but does not include separated milk,
dried milk or condensed 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; (L.N. 218 of 1977)

'processing' means, in relation to milk or any milk beverage, heat-treatment, bottling
or storage for heat-treatment, and bottling for sale or for use in the making or
preparation of food for sale; (L.N. 218 of 1977)

'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; (L.N. 31 of 1967)

'sell' includes to offer or expose for sale or possess for the purpose of sale.
(10 of 1986s. 32 (2)

PART 11

SALE OF MILK AND MILK BEVERAGES
(L.N. 218 of 1977)

4. Permits to sell milk or milk beverage

(1) No person shall sell any milk or milk beverage for human consumption save
under and in accordance with the permission in writing of the Council granted under
bylaw 30 of the Food Business (Regional Council) Bylaws (Cap. 132 sub. leg.).

(2) Notwithstanding anything contained in paragraph (1), no permit shall be
required for the sale in sealed containers of such brands of sterilized milk or sterilized
milk beverage as the Council may approve, if it is satisfied that there is no danger to
public health. (L.N. 31 of 1967)

(L.N. 218 of 1977; 10 of 1986 s. 32(2)

milk or milk beverage

(1) No person shall sell or advertise for sale, any milk or milk beverage imported
into Hong Kong from a source of manufacture other than a source of manufacture
which has been approved by the Council.

(2) For the purpose of this bylaw, the Council shall not approve any source of
manufacture of milk or milk beverage unless it is satisfied that heat treatment is
included in the process of manufacture of such milk or milk beverage.

(3) In any proceedings for an offence under paragraph (1) alleging advertising
for sale, it shall be a defence for a defendant to prove that he was at the time the
offence is alleged to have occurred a person whose business it was





to publish, or arrange for the publication of, advertisements and that he received the
advertisement for publication in the ordinary course of that business.

(L.N. 114 of 1987)

5. Prohibition of sale of milk or milk

beverage in certain cases

(1) No person shall sell any milk or milk beverage for human consumption if

(a)except in the case of imported frozen pasteurized whole milk, it has
been heat-treated more than once; or

(b)it contains at any time before heat-treatment, more than 200 000
bacteria per millilitre or any coliform organisms in 1/1000th (0.001) of a
millilitre; or

(c)it contains at any time after heat-treatment by any of the methods of
pasteurization described in Schedule 1 more than 30 000 bacteria per
millilitre or any coliform organisms in 1/10th (0.1) of a milfilitre; or
(L.N.114 of 1987)

(d)it contains at any time after heat-treatment by any of the methods of
sterilization described in Schedule 1 a colony count of 10 or more.
(L.N. 131 of 1971; L.N. 114 of 1987)

(2) For the purposes of this bylaw, milk or a milk beverage shall be deemed to
be possessed for the purpose of sale notwithstanding that it is intended that such
milk or such milk beverage shall be subjected to beattreatment before sale.

(L.N. 218 of 1977)

6. Milk or ~ beverage to be heat-treated before sale

No person shall sell for human consumption any milk or any milk beverage that
has not been heat-treated: (L.N. 218 of 1977)

Provided that nothing in this bylaw shall be construed to prevent- (10 of 1986
s. 32 (2) )

(a) the sale-

(i) of milk by wholesale to a milk factory; or

(ii)of milk that is to be used as an ingredient in any other article of
food that requires cooking after the addition of the milk before it
can be consumed; or

(b) the possession for the purposes of sale of any such milk.

7. Ingredient not to be added to cream

No person shall sell for human consumption any cream to which an ingredient
other than one specified in item 12 of the First Schedule to the Food





and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg.) has been
added, and no such ingredient shall be added in an amount in excess of that
permitted by that item.

(L.N. 338 of 1989)

8. Milk not to he sold except in approved containers

No person shall sell any milk for human consumption save in containers of

ù type approved by the Council:

Provided that this bylaw shall not apply to milk that is sold by wholesale to

ù milk factory.

(10 of 1986 s. 32(2)

9. (Repealed L.N. 31 of 1967)

10. As to beverages resembling, etc. milk

(1) No person shall sell for human consumption

(a) any milk beverage; (L.N. 218 of 1977)

(b)any beverage that is described for the purpose of sale by any name,
trade mark or trade description that includes the word 'milk' or
'cream' or the Chinese characters 'W 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 that resembles milk either in colour, taste,
appearance or consistency,

unless it is contained in a container of a type approved by the Council. (L.N. 31 of
1967)

(2) Paragraph (1) shall not apply to any beverage specified in that paragraph
that is sold for human consumption on premises in respect of which a licence has
been granted by the Council under the Food Business (Regional Council) Bylaws
(Cap. 132 sub. leg.), so long as such beverage is not sold under any description that
is false or misleading as to the true nature of its principal ingredients.

(10 of 1986s. 32 (2)

11. Precautions against contamination of milk, etc.

Every person in possession for the purpose of sale of any milk or any of the
beverages specified in bylaw 10(1) shall take all reasonable and proper precautions
to prevent infection or contamination thereof.

(10 of 1986 s. 32(2)





12. Milk or milk beverage to be kept

below 10'C pending sale

(1) No person shall keep any milk or any milk beverage, except sterilized milk or
a sterilized milk beverage in sealed containers, for the purpose of sale in any place
the temperature of which exceeds 10'C.

(2) No person shall transport, or cause to be transported, for the purpose of his
trade or business any milk or any milk beverage, except sterilized milk or a sterilized
milk beverage in sealed containers, in such manner that the temperature of the milk or
the milk beverage at any time during transport exceeds MC.

(L.N. 127 of 1970; L.N. 218 of 1977)

12A. Transport of milk or milk beverage

(1) No person shall transport or cause to be transported, for the purpose of his
trade or business, any milk or any milk beverage unless

(a)in the case of milk or milk beverage which has not been heat-treated,
such milk or milk beverage is contained in vessels, containers or
receptacles of a type which is hygienically suitable for the
transportation of such milk or milk beverage;

(b)in the course of transportation all reasonable and proper precautions
are taken to prevent infection or contamination thereof; and

(c)the interior of the vehicle or conveyance used for or in connection
with the transportation of such milk or milk beverage is kept in a clean
condition at all times.

(2) Without lawful authority or lawful excuse no person shall open the vessel,
container or receptacle containing any milk or milk beverage in the course of
transportation.

(L.N. 338 of 1989)

PART 111

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

(L.N. 218 of 1977)

13. Business of milk factory not to be
carried out except by licence

(1) Save under and in accordance with a milk factory licence granted by the
Council and in such premises as shall be specified in such licence, no person shall
carry on a business as a milk factory.





(2) For the purpose of this bylaw, a person carries on a business as a milk
factory if he processes or reconstitutes any milk or milk beverage or causes any
milk or milk beverage to be processed or reconstituted for the purpose of sale.
(3) This bylaw does not apply to milk or any milk beverage which is
processed or reconstituted on premises in relation to which a restaurant licence
has been granted by the Council under the Food Business (Regional Council)
Bylaws (Cap. 132 sub. leg.) and such milk or such milk beverage is solely for
consumption on those premises.
(L.N. 131 of 19 71; L.N. 218 of 1977; 10 of 1986 s. 32 (2)

14. Application for licence
(1) Every application for such a licence shall be made in writing ad-
dressed to the Council and shall be accompanied by 3 copies of a plan, as
nearly as may be to scale, of the whole of that part of any premises in which
the applicant intends to carry on any operation involving the processing or
reconstituting of milk or any milk beverage, and such plan shall include
particulars of the following--- (L.N. 218 of 1977)
(a) sanitary fitments and ablution facilities;
(b)built in clothing lockers or cloakrooms, passage ways or open
spaces (if any);
(c)rooms or other spaces (if any) for the exclusive use of staff or
employees;
(d) all means of exit, entry and internal communication;
(e)all windows or ducts providing ventilation or, where any
mechanical means of ventilation is provided, such means;
the siting of all furniture and fittings of a substantial
and permanent nature, including heat-treatment plant, cleans-
ing, refrigeration or cooling equipment, sterilization machinery
or storage and bottling equipment, and any fixed sideboards,
washbasins, sinks, water tanks or other like articles;
(g) means of refuse storage or disposal; and
(h) the drainage system, including all inlets into the system.
(2) Every copy of such plan, or any modification thereof, that is approved
by the Council shall be endorsed to that effect, and one copy shall be returned
to the applicant and the remaining 2 copies shall be retained by the Council.
(10 of 1986s. 32 (2)

15. Conditions of grant of licence
No such licence shall be granted unless the Council is satisfied in relation to
the premises in respect of which the application for the licence was made that-
(a)it has approved the plan referred to in bylaw 14 and the premises
conform thereto;





(b)the means of ventilation that is provided, whether natural or
mechanical or partly natural and partly mechanical, is sufficient
in every part of the premises, other than a part exclusively used
for storage, to safeguard the health in that respect of the
maximum number of persons likely to be engaged therein at any
one time;
(c)sanitary fitments are provided to a standard not less than that
required by regulation 5 of the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines) Regulations
(Cap. 123 sub. leg.);
(d)public mains water is laid on to the premises and a storage tank is
provided for such water that is of sufficient size having regard to
the daily quantity of water likely to be used upon the premises,
and proof against access of dust and mosquitoes:
Provided that, where the Council is satisfied that public
mains water cannot reasonably be laid on for all or any purposes,
the Council may in its discretion approve such other water supply
as, having regard to considerations of public health, it considers
adequate;
(e)in every part of the premises in which any milk or any milk
beverage is processed or reconstituted-
(i)the floors and internal surfaces of the walls to a height of
not less than 2 m are surfaced with smooth, light coloured,
non-absorbent material and the junctions between the walls
and floors are coved; (L.N. 89 of 1979)
(ii) the ceilings are impervious to dust; and
(iii) the ceilings and those parts of such walls as are not specified
in subparagraph (i) are limewashed or painted a light colour;
sufficient ablution facilities are provided for the use of persons
employed therein and that such ablution facilities are con-
veniently situated having regard to the nature of the work or
such persons;
(g)sufficient and suitable cloakroom or locker accommodation,
situated otherwise than in a part of the premises in which any
milk or any milk beverage is processed, reconstituted or stored, is
provided for the outer garments and other personal effects or
persons employed therein; and
(h)no fresh air intake to any ventilation pipe included in the soil
drainage system of the premises is situated in any part of the
premises in which milk or any milk beverage is processed or
reconstituted, and every inlet into such system that is situated in
any such part of the premises is trapped.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)





16.Restriction on alterations or additions
to licensed premises

After the grant of any such licence, no licensee shall, save with the permission
in writing of the Council, cause or permit to be made in respect of the premises to
which the licence relates

(a)any alteration or addition that would result in a material deviation from
the plan thereof approved under bylaw 14; or

(b)any material alteration in respect of any of the matters specified in
bylaw 14(1) as matters in respect of which particulars must be included
in the plan delivered pursuant to the provisions of that paragraph.

(10 of 1986 s. 32(2)

17.Prohibition of possession of contaminated
or adulterated milk or milk beverage by
licensees under this Part

(1) No licensee under this Part shall distribute in the course of the business in
respect of which such licence was granted, or shall have in his possession for the
purpose of such distribution, any milk or any milk beverage which

(a)except in the case of imported frozen pasteurized whole milk, has been
heat-treated more than once;

(b)contains at any time before heat-treatment more than 200 000 bacteria
per millilitre or any coliform organisms in 1/1000th (0.001) of a millilitre;

(c)after having been subjected to heat-treatment by any of the methods
of pasteurization described in Schedule 1 whether by him or any other
person, contains at any time more than 30 000 bacteria per millilitre or
any coliform organisms in 1/ 10th (0.1) of a millilitre; (L.N. 114 of1987)

(d)after having been subjected to heat-treatment by any of the methods
of sterilization described in Schedule 1 whether by him or any other
person, has a colony count of 10 or more; or (L.N. 114 of 1987)

(e)fails to comply with the standards of composition relating to milk or
any milk beverage specified in the Food and Drugs (Composition and
Labelling) Regulations (Cap. 132 sub. leg.). (L.N. 131 of 1971)

(2) For the purpose of this bylaw any milk or any milk beverage found upon any
premises to which a licence under this Part relates shall be deemed to be in the
possession of the licensee for the purpose of distribution in the course of the
business in respect of which such licence was issued. (10 of 1986 s.32(2))

(L.N. 218 of 1977)





18. Requirements as to heat-treatment apparatus

(1) Every such licensee shall cause any plant or apparatus used by him for
the heat-treatment of milk or any milk beverage to be equipped with such
indicating and recording thermometer as the Council may consider necessary
and so installed as to indicate and record the temperature to which, and the
length of time during which, the milk or the milk beverage has been heated and
the temperature to which the milk or the milk beverage is subsequently cooled.
(2) No such licensee shall subject any milk or any milk beverage to
heat-treatment unless the apparatus used therefor-
(a) is of a type approved by the Council;
(b) is thermostatically controlled; and
(c)save as otherwise permitted in writing by the Council, is provided
with an automatic device to divert the flow of any milk or
any milk beverage that has not been retained at the requisite
temperature for the requisite period of time having regard to the
method of heat-treatment used, from the flow of such milk or
milk beverage as has been retained at such temperature for such
period of time:
Provided that subparagraphs (b) and (c) shall not apply to any case in
which heat-treatment is effected by means of the holder process.
(3) Every thermometer reading taken in pursuance of paragraph (1) shall
be recorded and retained by the licensee for not less than 2 months, and shall be
available for inspection at all reasonable times by a health officer or health
inspector.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)

19. Control of heat-treatment of milk or milk
beverage from outside Hong Kong

Save with the permission in writing of the Council, no person shall subject
any milk or milk beverage to heat-treatment other than milk or a milk beverage
produced or reconstituted in Hong Kong.
(L.N. 218 of 19 77; 10 of 1986 s. 32 (2)

20. Certain ingredients not to he used in the
reconstitution of milk or milk beverage

(1) No person shall use for the purpose of reconstituting milk or any milk
beverage- (L.N. 218 of 1977)
(a)any butter, milk powder, concentrated milk or other ingredient
unless the same has been obtained from a source approved by the
Council;





(b)any water, except public mains water, unless the same has been
obtained from a source approved by the Council; or
(e)any colouring matter that is not a permitted colouring matter
within the meaning of the Colouring Matter in Food Regulations
(Cap. 132 sub. leg.).
(2) The Council may by notification published in the Gazette signify its
approval of any source in respect of which approval is required by para-
graph (1).
(10 of 1986 s. 32(2)

20A. Licensee not to process milk
from unlicensed dairies

No licensee under this Part shall process or cause to be processed any milk
unless such milk is obtained from a dairy in relation to which a licence has been
granted under the Dairies Regulations (Cap. 139 sub. leg.).
(L.N. 131 of 1971)

21. General cleanliness of premises and equipment

Every such licensee shall, at all times, cause all parts of the premises
to which the licence relates, and all fittings and equipment therein, to be
maintained in proper repair and in a clean condition and free from noxious
matters, and shall cause the floor of every part of any premises that are used for
the processing or reconstituting of milk or any milk beverage to be thoroughly
cleansed with water not less than once in every 24 hours.
(L.N. 218 of 1977)

22. Construction and design of vessels or containers

No such licensee shall use, or cause to be used, in the course, or for the
purpose, of processing, reconstituting or storing milk or any milk beverage any
vessel or container unless such vessel or container is made of such material, and
to such design, as the Council may approve.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)

23. Sterilization of vessels and utensils

(1) No such licensee shall cause any vessel, container or utensil to be used
in the processing, reconstitution, storage or distribution of milk or any milk
beverage unless it has been thoroughly cleansed and subsequently sterilized
with steam or clean boiling water, or by such other method as the Council
may permit in writing either generally or in any particular case, since the last
occasion upon which it was used or before it is first used, as the case may be.





(2) All parts of any heat-treatment machinery shall, at all times, be kept in a
clean condition, and every part thereof that comes into contact with any milk or milk
beverage during its heat-treatment shall, as often as may be necessary, be washed
with clean water or a suitable detergent (in which case it shall be rinsed with clean
water after it has been washed with detergent), and then sterilized with steam or
boiling water or by such other method as the Council may permit in writing either
generally or in any particular case.

(L.N. 218 of 1977,- 10 of 1986 s. 32(2)

24.Utensils used in the processing of milk or milk
beverage not to he used for drinking

No person shall drink, or suffer any other person to drink, out of any vessel,
container or utensil used in the course of processing or reconstituting milk or any
milk beverage.

(L.N. 218 of 1977)

25. Restriction on smoking

No person shall smoke while engaged in processing or reconstituting milk or
any milk beverage.

(L.N. 218 of 1977)

26.Milk or milk beverage processing establishments
not to he used for dwelling purposes

No person shall use for dwelling purposes any part of any premises in which
milk or any milk beverage is processed or reconstituted.

(L.N. 218 of 1977)

27.Prevention of contamination of milk or milk
beverage by contact with certain clothing

No person shall hang up or otherwise keep, or suffer any other person to hang
up or otherwise keep, whether temporarily or permanently, any clothing, bedding or
personal effects in any part of any premises in which milk or any milk beverage is
processed or reconstituted.

(L.N. 218 of 1977)

28. Spitting

(1) In any premises in which milk or any milk beverage is processed or
reconstituted

(a)no person shall spit in any part of the premises in which the milk or
the milk beverage is processed or reconstituted; and

(b)no person shall spit in any other part of the premises except into a
spittoon or other receptacle provided for the purpose.





(2) Where spittoons or receptacles are provided, the licensee shall cause
each such spittoon or receptacle to contain a disinfectant fluid and to be
cleansed, and the fluid renewed, not less than once in every 24 hours.
(3) Save as otherwise permitted in writing by the Council, every such
licensee shall cause one or more notices, prohibiting spitting and written in
English and Chinese, to be continuously displayed in a conspicuous manner in
every part of the premises in which milk or any milk beverage is processed or
reconstituted. (10 of 1986 s. 32(2)
(L.N. 218 of 1977)

29. Personal cleanliness
Every person who takes part in the processing, reconstituting or trans-
portation of milk or any milk beverage shall while so engaged- (L.N. 218 of
1977; L.N. 338 of 1989)
(a)keep all parts of his person and of his outer garments as clean as
may be reasonably practicable; and
(b)keep any open cut or abrasion on any exposed part of his person
covered with a suitable waterproof dressing.

30. Prevention of vermin
(1) Save where exempted in writing by the Council, every such licensee
shall cause every hollow space, crevice, or other place in any premises used by
him for processing or reconstituting milk or any milk beverage, that is likely to
harbour vermin or to constitute a means of access for vermin, to be eliminated
or sealed off. (10 of 1986 s. 32(2) )
(2) No person shall place, or suffer to be placed or to remain placed, any
furniture or equipment, other than such as may be moved without difficulty by
one man, so near to any wall of any premises in which milk or any milk
beverage is processed or reconstituted as to obstruct access to any part of such
wall, or such furniture or equipment, for the purpose of the cleaning of the
same.
(3) No person shall knowingly suffer the existence of any vermin in any
part of any premises in which milk or any milk beverage is processed or
reconstituted.
(L.N. 218 of 1977)

31. Yards, alleys, etc. not to he used for processing or
reconstituting milk or milk beverage
No person shall use, or suffer to be used, any yard, alley, open space or
roof top for processing, reconstitution or storing of milk or any milk beverage.
(L.N. 218 of 1977)





32. Cleansing of water tanks
(1) Every such licensee shall-
(a)cause the inside of every water tank or container provided for the
storage of water on any premises used by him for processing or
reconstituting milk or any milk beverage to be cleansed in the
months of March, June, September and December in each year
by scrubbing out the same with a solution of not less than fifty
parts of chlorine in one million parts of water; and (L.N. 218
of 1977)
(b)cause the date upon which such cleansing was last carried out to
be recorded in a conspicuous manner upon each such water tank
or container.
(2) Without prejudice to the provisions of paragraph (1), any health
officer or health inspector may serve upon such licensee a notice requiring him
to cause any such water tank or container to be cleansed in such manner and
within such time as may be specified in the notice.

33. General precautions against contamination
of milk or milk beverage

Without prejudice to anything contained in these bylaws, every such
licensee shall take all reasonable and proper precautions in and in connection
with processing and reconstituting of milk or any milk beverage, including the
distribution or other handling thereof, to prevent contamination of the milk or
the milk beverage.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)

34. Restriction on employment of persons
likely to spread disease
(1) No person suffering from a discharging wound or sore or from a
discharge of the car or from attacks of vomiting or diarrhoea or from a sore
throat shall take any part in processing or reconstituting milk or any milk
beverage:
Provided that a health officer may issue a certificate to any such person
exempting him from this paragraph in any case in which such health officer is
satisfied that no danger to the public health is involved.
(2) Any person who is employed or working in premises in which milk or
any milk beverage is processed or reconstituted, shall, if so required in writing
by a health officer, submit himself to medical examination at such time and at
such place as such health officer may direct and, if after such medical
examination, a health officer is satisfied that such person is suffering from any
communicable disease, or is likely to communicate to any other person any





communicable disease, such last mentioned health officer may notify such person in
writing to that effect, and such person shall forthwith cease to work in such
premises or in any other premises in which milk or any milk beverage is processed or
reconstituted.

(3) A notice given under paragraph (2) shall continue in force until it is
cancelled by a further notice in writing by a health officer declaring such first
mentioned notice to be cancelled.

(4) No person shall cause, or suffer or permit, any person, other than a person
who has been duly exempted from paragraph (1), whom he knows or has reason to
believe to be suffering from any of the complaints specified in that paragraph to be
employed or take part in processing or reconstituting milk or any milk beverage.

(5) No person shall cause, or suffer or permit, any person in respect of whom he
knows or has reason to believe that a notice given under paragraph (2) is in force to
be employed or take part in processing or reconstituting milk or any milk beverage.

(L.N. 218 of 1977)

35. Immunization of staff against certain diseases

(1) No person shall be employed or work in any part of any premises in which
milk or any milk beverage is processed or reconstituted unless he has been
immunized in accordance with such of the requirements of a notification under
paragraph (3) as apply to him. (L.N. 166 of 1982)

(2) No such licensee shall employ in any premises used by him for processing
or reconstituting milk or any milk beverage any person whom he knows or has
reason to believe has not been immunized in accordance with paragraph (1) or a
notification under paragraph (3). (L.N. 183 of 1978)

(3) The Council may from time to time by notification published in the Gazette
require persons employed or working in premises in which milk or any milk beverage
is processed or reconstituted to be immunized against such

diseases as may be specified in such notification. (L.N. 166 of 1982; 10 of 1986
s.32(2))
PART IV
MISCELLANEOUS
36. Prevention of supply of milk or milk beverage
to the danger of public health

(1) If any health officer or veterinary officer is of the opinion that infectious or
other disease is caused, or is likely to be caused, by the consumption of milk or any
milk beverage derived from any particular source,





premises or processing or reconstituting plant or that the public health is likely to be
endangered by the act or default of any purveyor of milk or any milk beverage or his
servants or agents, such health officer or such veterinary officer may, by notice in
writing, direct that the supply, distribution or sale of such milk or such milk beverage
shall be terminated or restricted for such period and subject to such conditions as
may be specified in the direction. (L.N. 218 of 1977)

(2) Any person who considers himself aggrieved by any direction given under
paragraph (1) may, within 14 days after the giving of the same, appeal by way of
petition to the Governor in Council, and upon any such appeal the Governor in Council
shall confirm, vary or if it has not already been withdrawn, cancel the direction.


(3) In any case in which the Governor in Council is satisfied that the
direction ought not to have been given, he may order the payment to the
appellant by way of compensation of such sum, if any, as, having regard to all
the circumstances, he may consider just. -
&a

(4) Every such payment shall be made out of general revenue. (10 of 1986s.32(2))

37. Keeping of report books

(1) The Council may provide in any premises in which any business that
involves the processing, reconstitution, sale or distribution of milk or any milk
beverage is carried on a report book or form for the use of visiting health officers
and health inspectors. (L.N. 218 of 1977; 10 of 1986 s. 32(2) )

(2) Where any such book or form has been so provided, the licensee or
proprietor, as the case may be, of the business shall, at all times, cause such book or
form to be kept upon such premises and available for use by any such health officer
or health inspector.

(3) No person shall destroy any such book or form or alter or obliterate any
entry made therein.

38. Fees

(1) Every licence granted under the provisions of Part 111 shall be renewable on
1 January in each year.

(2) Every such licence shall be granted or renewed upon payment of the
appropriate fee prescribed in Schedule 2:

Provided that, where the licence is granted after 30 June in any year, the fee
payable in respect of the grant thereof shall be one-half of the fee so prescribed.

(3) Where the Council is satisfied that any such licence has been lost or
destroyed, it may, upon payment of a fee of $105, issue a duplicate thereof. (L.N. 211
of 1983; 10 of 1986 s. 32(2); L.N. 35 of 1987; L.N. 65 of 1988; L.N. 101 of 1989)





39. Offences and penalties

(1) A person commits an offence who

(a)contravenes the provisions of bylaw 4, 4A(1), 5, 6, 7, 8, 10(1), 11, 12,
12A, 13, 16, 17, 18, 19, 20(1), 20A, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30,
31, 32(1), 33, 34(1), (4) or (5), 35(1) or (2) or 37(2) or (3); (L.N. 131 of
1971; L.N. 114 of 1987; L.N. 338 of 1989)

(b)fails to comply with any of the requirements of a notice served upon
him under bylaw 32(2);

(e)being a person employed or working in premises in which milk or any
milk beverage is processed or reconstituted, fails- (L.N. 218 of 1977)

(i) to submit himself to medical examination when required to do so
under bylaw 34(2); or

(ii) to cease to work in any such premises when required to do so by
the provisions of that paragraph;

(d)fails to comply with any of the requirements of a notification
published in the Gazette under bylaw 35(3);

(e)fails to comply with any direction given under bylaw 36(1), unless the
same has been varied or cancelled by the Governor in Council under
paragraph (2) of that bylaw; or

where any direction given under bylaw 36(1) has been varied by the
Governor in Council under paragraph (2) of that bylaw, fails to
comply with such direction as so varied.

(2) A person who is guilty of an ofrence under these bylaws shall be liable on
summary conviction to a fine and imprisonment as follows and, where the offence is
a continuing offence, to an additional fine as follows for each day during which it is
proved to the satisfaction of the court that the ofrence has continued

(a)in the case of an offence under bylaw 4 or 13 a fine of $25,000,
imprisonment for 6 months and $500 for each day as aforesaid; and

(b)in the case of any other offence mentioned in paragraph (1) a fine of
$5,000, imprisonment for 3 months and $150 for each day as aforesaid.

(L.N. 183 of 1978; 10 of 1986 s. 32(2); L.N. 299 of 1987)

40. Name in which proceedings for

offences may be 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 such offences, prosecutions for any offence





under any of the provisions of these bylaws may be brought in the name of the
Council.

(10 of 1986 s. 32(2)

SCHEDULE1 [bylaw 31

METHODS OF HEAT-TREATMENT

1. Pasteurization-

(a)by the 'Holder Method', namely by retaining milk or a milk beverage for not less
than 30 minutes at a temperature of not less than 63 nor more than WC and then
immediately cooling it to a temperature of not more than 1 0'C or

(b)by the 'High Temperature Short Time Method', namely, by retaining milk or a
milk beverage for a period of not less than 15 seconds at a temperature of not less
than 72'C and then immediately cooling it to a temperature of not more than WC.

2. Sterilization-

(a)by homogenizing the milk or the milk beverage by means of any process whereby
the globules of butter fat in the milk or the milk beverage are broken up so as to
remain suspended uniformly throughout the milk or the milk beverage which is then
heated to and retained at a temperature of not less than 100'C for a period of not
less than 25 minutes in the same containers as those in which the milk or the milk
beverage is to be disposed of for human consumption; or

(b)by the 'Ultra High Temperature Method', namely, by heating the milk or the milk
beverage to a temperature of not less than 132'C and retaining it at not less than
that temperature for at least 1 second and thereafter putting it immediately into the
sterilized containers in which it is to be supplied to the consumer, which shall be
filled and sealed at the premises at which the treatment has been carried out with
such aseptic precautions as will ensure the protection of the milk or the milk
beverage from risk of contamination.

(L.N. 127 of 1970; L.N. 131 of 1971; L.N. 218 of 1977)

SCHEDULE 2 [bylaw 38(2)]
Fees
Size of . p premises by reference to floor area Fee

Exceeding Not exceeding $
m 2 M2

100 . 1,765
100 150 2,200
150 200 3,090
200 250 3,975
250 300 4,865
300 350 5,740
350 400 6,625
400 450 7,510
450 500 8,400
600
500 9,720

600 700
..................................................................................... 11,495





Size of premises by reference to floor area Fee
Exceeding Not exceeding $
M2 M2


700 800
.................................................................... 13,250
800 900
........................................................................ 15,030
900 1000
........................................................................... 16,790

0......
........................

1000 2000 ........................................
26,520
............

2000 3 000 : ......................44,200
3000 4 ............................61,880
4000 5 ............................79,565

5000 .................................88,405

(L.N. 101 of 1989)

https://oelawhk.lib.hku.hk/items/show/2605

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