PRESERVATIVES IN FOOD REGULATIONS
Title
PRESERVATIVES IN FOOD REGULATIONS
Description
PRESERVATIVES IN FOOD REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation Page
1. Citation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 2
3. Restrictions in relation to the sale, etc. of food containing preservative or
antioxidant ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 5
4. Food containing antioxidant not to be recommended for babies and young
children ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 7
5. Sale, labelling and advertisement of preservatives and antioxidants ... ... ... BF 7
6. Labelling of food containing a preservative or antioxidant ... ... ... ... ... BF 8
7. Regulations not to apply to food etc. for re-export ... ... ... ... ... ... BF 8
8. Defences ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... BF 8
9. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... BF 9
10. Name in which proceedings for offences may be brought ... ... ... ... ... BF 9
11. Amendment of First Schedule ... ... ... ... ... ... ... ... ... ... ...BF 9
First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 9
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 18
PRESERVATIVES IN FOOD REGULATIONS
(Cap. 132, sections 55 and 143)
[2 February 1973.1
1. These regulations may be cited as the Preservatives in
Food Regulations.
2. (1) In these regulations unless the context otherwise
requires-
'antioxidant' means any substance which delays, retards or prevents
the development in food of rancidity or other flavour deteriora-
tion due to oxidation but does not include lecithin, ascorbic
acid, or its salts or esters, tocopherols, citric acid, tartaric acid,
phosphoric acid or any preservative the use of which is per-
mitted by these regulations;
'canned food' means food in a hermetically sealed container which
has been sufficiently heat processed to destroy and Clostridium
Botulinum in that food or container or which has a pH of less
than 4.5;
'catering business' includes the business or undertaking of an inn,
public house, hotel, restaurant, cafe, tea-shop, buffet, coffee-
stall or any place of refreshment open to the public, or of a club,
boarding house, apartment house, refreshment contractor,
school feeding centre, staff dining room or canteen;
'compounded food' means food containing 2 or more ingredients;
'container' includes any form of packaging of food for sale as a
single item, whether by way of wholly or partly enclosing the
food or by way of attaching the food to some other article, and
in particular includes a wrapper or confining band;
'dairy product' means any butter (other than butter for manu-
facturing purposes), milk, cream, condensed milk, evaporated
milk, dried milk or cheese;
'deterioration', in relation to food, means deterioration due to the
action of bacteria, yeasts or moulds;
'flavouring emulsion' me ans an emulsion of the selected flavouring
in a suitable liquid;
'flavouring syrup' means a solution of carbohydrate sweetening
matter containing sufficient distinctive flavouring to provide,
after dilution with milk or water, a drink with that distinctive
flavour;
'flour confectionery' includes cakes, bun loaves, cholas bread,
pastry (cooked or uncooked) and ready-made puddings (other
than canned puddings and Christmas puddings) but does not
include biscuits or any product containing a filling that has as
an ingredient any meat or fish;
'Truit juice' means the clean, sound undiluted juice of the fruit or
fruits from which it is obtained;
'importer' includes any person who, whether as owner, consignee,
agent or broker, is in possession of or entitled to the custody
or control of any article of food brought from a place outside
Hong Kong;
'jam' includes fruit jelly prepared in the way in which jam is
prepared, marmalade and jelly marmalade;
'permitted antioxidant' means any antioxidant specified in Column
2 of Part 11 of the First Schedule;
'permitted colouring matter' means any colouring matter inas-
much as its use is permitted by the Colouring Matter in Food
Regulations;
'permitted preservative' means any preservative specified in
Column 2 of Part 1 of the First Schedule or, subject to the
provisions of paragraph (3) of this regulation, a preservative
specified in Column 2 of Part 111 of the First Schedule;
'preservative' means any substance which is capable of inhibiting,
retarding or arresting the process of fermentation, acidification
or other deterioration of food or of masking any of the evidence
of putrefaction but does not include-
(a) any permitted antioxidant;
(b) any permitted colouring matter;
(c) common salt (sodium chloride);
(d) lecithin, sugars or tocopherols;
(e) nicotinic acid or its amide;
(f)vinegar or acetic acid, lactic acid, ascorbic acid, citric acid,
malic acid, phosphoric acid, polyphosphoric acid or tartaric
acid or the calcium, potassium or sodium salts of any of
the acids specified in this sub-paragraph;
(g)glycerol, alcohol or potable spirits, isopropyl alcohol,
propylene glycol, monoacetin, diacetin or triacetin;
(h) herbs or hop extract;
(i) spices or essential oils when used for flavouring purposes;
(j)any substance added to food by the process of curing
known as smoking;
(k)carbon dioxide, nitrogen or hydrogen when used in the
packing of food in hermetically sealed containers;
(1) nitrous oxide when used in the making of whipped cream;
pre-packed' means made up in advance ready for retail sale in or on
a container; and on any premises where food of any description
is so made up, or is kept or stored for sale after being so made up,
any food of that description found made up in or on a container
shall be deemed to be pre-packed unless the contrary is proved;
'preparation', in relation to food, includes manufacture and any
form of treatment; and 'preparation for sale' includes packag-
ing;
'retail sale' and 'sale by retail' mean respectively any sale to a
person buying otherwise than for the purpose of re-sale, but
does not include a sale to.a caterer for the purposes of his
catering business, or a sale to a manufacturer for the purposes
of his manufacturing business;
'.sell' includes offer or expose for sale or have in possession for sale;
,,soft drink' means any liquid suitable or intended for use, either
without or after dilution, as drink for human consumption; and
includes-
(a) any fruit juice drink, and any fruit squash, crush or cordial;
(b)soda-water, Indian or quinine tonic water, and any artifi-
cially carbonated water whether flavoured or unflavoured;
(c)ginger beer and any herbal or botanical beverage; but does
not include-
(i) water (except as aforesaid);
(ii) water from natural springs, either in its natural state
or with added mineral substances;
(iii) fruit juice, sweetened or unsweetened, whether
concentrated (or frozen) or not;
(iv) milk or any preparation of milk;
(v) tea, Chinese herb tea, coffee, dandelion coffee,
cocoa or chocolate or any preparation of tea, Chinese herb
tea, coffee, dandelion coffee, cocoa or chocolate;
(vi) any egg product;
(vii) any cereal product except-
(aa) flavoured barley-water and liquid products used
in the preparation of barley-water; and
(M) cereal products containing alcohol that are not
intoxicating liquor as defined in accordance with
Dutiable Commodities Ordinance;
(viii) meat, yeast or vegetable extracts, soup or soup
mixtures, or any similar products;
(ix) tomato or other vegetable juices, or any prepara-
tion of any such juice or juices;
(x) intoxicating liquor as defined in the Dutiable Com-
modities Ordinance;
(xi) any other unsweetened drink except soda-water.
For the purposes of this definition a product shall not be
deemed not to be a soft drink by reason only of the fact that it is
capable of being used as a medicine;
'specified food' means any food specified in Column 1 of Parts I
and 11 of the First Schedule;
',storage', in relation to food, means storage at, in or upon any
farm, dock, vehicle, warehouse, fumigation chamber, cold
store, or any barge or ship whilst, in either case, in the waters of
Hong Kong;
'sugar' means the product usuallyknown as sugar in commercial
usage, consisting principally or sucrose;
'sweetened' means containing any added sugar or other soluble
carbohydrate sweetening matter or added polyhydric alcohol or
any artificial sweetener inasmuch as its use is permitted by the
Food Adulteration (Artificial Sweeteners) Regulations; and
'unsweetened' shall be construed accordingly.
(2) For the purposes of these regulations, percentages and
parts per million shall be calculated by weight.
(3) Any preservative specified in Column 2 of Part III of the
First Schedule, if calculated as, may be used in place of, the
preservative specified in relation thereto in Column 1 of Part M of
that Schedule; and any reference in these regulations to any pre-
servative specified in Column 1 of Part III of that Schedule shall be
construed accordingly.
3. (1) No person shall import, manufacture for sale or sell
any article of food which contains any preservative or antioxidant:
Provided that-
(a)any specified food may contain the permitted preservative
of the description and in the proportion specified in rela-
tion thereto in Columns 2 and 3 respectively of Part 1 of
the First Schedule;
(b)any specified food and any food intended for use in the
preparation of a specified food (but excluding fruit and
fruit pulp containing sulphur dioxide and intended for
manufacturing purposes and any pre-packed food) may,
on importation into Hong Kong on a sale other than a
retail sale or on consignment or delivery pursuant to such
a sale, contain permitted preservative of a description
appropriate to the specified food in accordance with Parts 1
and 111 of the First Schedule in any proportion if the seller
gives to the importer on or before importation or to the
buyer on or before sale a document containing an accurate
statement of the description and the maximum quantity
of all such preservative present in the food in the form
specified in the rules set out in the Second Schedule;
(c)any specified food in relation to which 2 or more permitted
preservatives are specified in Part 1 of the First Schedule
may contain an admixture of those preservatives as
follows-
(i) in the case of bacon, ham, preserved pork, preserved
Chinese sausage or picklet meat, to the maximum quantity
of each such preservative appropriate thereto in accord-
ance with Part 1 of that Schedule;
(ii) in any other case, only if, when the quantity of each
such preservative present in that food is expressed as a
percentage of the maximum quantity of that preservative
appropriate to that food in accordance with Part I of that
Schedule, the sum of those percentages does not exceed
100;
(d)any food may contain, in any proportion not exceeding 5
parts per million, formaldehyde derived from any wet
strength wrapping containing any resin based on formalde-
hyde or from any plastic food container or utensil manu-
factured from any resin of which formaldehyde is a con-
densing component;
(e)the skin, but not the flesh, of a banana may contain
nystatin;
(f) cheese, clotted cream or any canned food may contain nisin;
(g)any food may contain nisin introduced in the preparation
of that food by the use of any cheese, clotted cream or
canned food containing nisin;
(h)this regulation shall not apply to any food containing any
preservative which is naturally present in that food;
(i)any specified food may have in it or on it the antioxidant
specified in relation thereto in Column 2 of Part 11 of the
First Schedule and in the amounts specified in relation
thereto in Column 3 of Part II of that Schedule;
(j)any food which contains as an added ingredient any
specified food, may contain antioxidant of the descrip-
tion specified for, and in the amount appropriate to the
quantity of, such specified food in accordance with para-
graph (1)(i);
(k)any food which contains milk fat by reason of the addition
as an ingredient of any dairy product, may contain anti-
oxidant of the description, and in the amount specified, in
accordance with Part 11 of the First Schedule, in relation to
a quantity of anhydrous fat equal by weight to that milk
fat.
(2) Nothing in this regulation shall prohibit the presence in
any compounded food of any permitted preservative introduced in
the preparation of that food by the use of one or more specified
foods (other than fruit any fruit pulp intended for manufacturing
purposes and any unfermented grape juice product intended for
sacramental use) if that permitted preservative-
(a)may under these regulations be present in any specified
food used in the compounded food; and
(b)is present in the compounded food in no greater propor~
tion, in relation to the quantity of the specified food used,
than the proportion specified in relation to that specified
food in Column 3 of Part 1 of the First Schedule:
Provided that-
(i)if the said specified food or foods may under these regula-
tions contain sulphur dioxide, the compounded food may
contain sulphur dioxide in a quantity not exceeding that
introduced by the use of any such specified food or 50 parts
per million, whichever is the greater;
(ii)the quantity of ortho-phenylphenol introduced in the pre-
paration of a compounded food by the use of any melon
shall not exceed 10 parts per million of the weight of the
melon so used.
4. No person shall-
(a)give with any food sold by him or display with any food for
sale any label, whether attached to or printed on the
container of that food or not; or
(b)publish, or be a party to the publication of any advertise-
ment for,any food; or
(c)use on, or in connexion with, the sale of food any descrip-
tion,
which bears or includes any words or description stating directly or
by implication that the food is intended mainly for babies and young
children, if the food to which the label, advertisement or description
relates has in it or on it any added antioxidant.
5. (1) No person shall sell any substance which is recom~
mended in any mark or label placed on its container for use as a
preservative or antioxidant in food unless that container bears a
label in accordance with the provisions of the Second Schedule.
(2) Where in accordance with the provisions of paragraph (1) a
container is required to bear such a label and such container is
wrapped in paper or any other wrapper through which the label on
the container is not clearly readable the outermost wrapper shall on
any exposure or offer for sale by retail bear a label as if it were the
container or receptacle to which paragraph (1) applies.
(3) No person shall sell or advertise for sale with a view to its
use in the preparation of food-
(a) any preservative other than a permitted preservative;
(b)any antioxidant other than the antioxidant specified in
Column 2 of Part 11 of the First Schedule;
(c)any premitted preservative or antioxidant specified in
Column 2 of Part 11 of the First Schedule in such a manner
as to be likely to lead to its use contrary to these regulations.
6. (1) Subject to the provisions of this regulation, no person
shall sell, consign or deliver any food mentioned in paragraph 1 of
the Second Schedule which contains any added preservative or
antioxidant specified in the First Schedule as permissible in the case
of such food except in a container bearing a label in accordance with
the provisions of the Second Schedule unless, in the case of a retail
sale, a notice written in English and Chinese languages to the effect
that the food contains preservative or antioxidant is exhibited in a
conspicuous place so as to be easily readable by a customer.
(2) Where in accordance with paragraph (1) a container is
required to bear such a label and such container is wrapped in paper
or any other wrapper through which the label on the container is not
clearly readable the outermost wrapper shall on any exposure or
offer for sale by retail bear a label as if it were the container to
which the paragraph applies.
(3) Nothing in this regulation shall apply as respects any sale
of any specified food for immediate consumption on or at the
premises of the seller or in or at any stall or mobile refreshment
vehicle.
7. The provisions of these regulations which prohibit any
preservative or antioxidant in articles of food and which require the
labelling of certain articles of food and of articles sold as preserva-
tives or antioxidants shall not apply in the case of any article which
has been imported into Hong Kong for the purpose of re-export or
manufactured in Hong Kong solely for the purpose of export.
8. (1) In any proceedings for an offence against these regula-
tions 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.
(2) In any proceedings against the manufacturer or importer
for an offence against these regulations in relation to the publication
of an advertisement it shall rest on the defendant to prove that he
did not publish and was not a party to the publication of the
advertisement.
(3) In any proceedings for an offence against regulation 3 it
shall be a defence for the defendant to prove that the presence in any
food of any preservative other than a perinitted preservative or the
presence of a permitted preservative in any food other than a
specified food, is solely due to the use of that preservative in food
storage-
(a)as an acaricide, fungicide, insecticide, or rodenticide, for
the protection, in each case, of food whilst in storage; or
(b)as a sprout inhibitor or depressant, otherwise than in a
place where food is packed for retail sale.
9. Any person who contravenes any of the provisions of
regulation 3, 4, 5 or 6 shall be guilty of an offence and shall be liable
on summary conviction to a fine of 54 and to imprisonment for
6 months.
10. 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.
11. The Secretary for Municipal Services may, by notice in the
Gazette, amend the concentrations specified in Column 3 of Part 1
of the First Schedule.
FIRST SCHEDULE [reg. 3(1).]
PART I
ARTICLES OF FOOD WHICH MAY CONTAIN PRESERVATIVE AND THE NATURE
AND PROPORTION OF PRESERVATIVE IN EACH CASE
Column 1 Column 2Column 3
Parts per
ItemSpecifiedfood Permitted preservative million not
exceeding
1 . Bacon Sodium nitrate 500
Sodium nitrite 200
2. Beer Sulphur dioxide and either 70
benzoic acid or 70
methyl para-hydroxybenzoate or 70
ethyl para-hydroxybenzoate or 70
propyl para-hydroxybenzoate 70
3. Beetroot, cooked Benzoic acid or 250
and prepacked methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate 250
4. Bread Propionic acid 3,000
(calculated on
the weight of
the flour)
5. Cabbage, Sulphur dioxide 2,500
dehydrated
6. Candied peel or Sulphur dioxide and 100
cut and drained sorbic acid 1,000
(syruped) peel
7. Cheese Sorbic acid 1,000
8. Cheese, other thanSodium nitrate or 100
Cheddar or sodium nitrite10
Cheshire type
cheese or soft
cheese
Column 1 Column 2 Column 3
Parts per
Item Specifiedfood Permitted preservative million not
exceeding
9. Chilli sauceBenzoic acid or 400
methyl para-hydroxybenzoate or 400
ethyl para-hydroxybenzoate or 400
propyl para-hydroxybenzoate or 400
sorbic acid 1,000
10. Cider Sulphur dioxide or 200
sorbic acid 200
11.Coffee (or coffee Benzoic acid or 450
and chicory)methyl para-hydroxybenzoate or 450
extract, liquidethyl para-hydroxybenzoate or 450
propyl para-hydroxybenzoate 450
12.Coffee extract,Sulphur dioxide 150
solid
13.Colouring matter, Benzoic acid or 2,000
if in the form of a methyl para-hydroxybenzoate or 2,000
solution of aethyl para-hydroxybenzoate or 2,000
permitted propyl para-hydroxybenzoate or 2,000
colouring mattersorbic acid 1,000
14.Curry pasteBenzoic acid or 350
methyl para-hydroxybenzoate or 350
ethyl para-hydroxybenzoate or 350
propyl para-hydroxybenzoate 350
15.Dessert, fruitSulphur dioxide or 100
based milk andsorbic acid 300
cream
16.Dessert sauces,Sulphur dioxide or 100
fruit based with a benzoic acid or 250
total soluble solids methyl para-hydroxybenzoate or 250
content of less ethyl para-hydroxybenzoate or 250
than 75% propyl para-hydroxybenzoate or 250
sorbic acid 1,000
17. The permitted Sulphur dioxide or 1,000
miscellaneous benzoic acid or 2,000
additive, methyl para-hydroxybenzoate or 2,000
Dimethylpolysi- ethyl para-hydroxybenzoate or 2,000
loxane propyl para-hydroxybenzoate or 2,000
sorbic acid 1,000
18. Drinking Benzoic acid or 700
chocolate methyl para-hydroxybenzoate or 700
concentrate ethyl para-hydroxybenzoate or 700
propyl para-hydroxybenzoate 700
19. Enzymes:
Papain, solid Sulphur dioxide 30,000
Papain, aqueous Sulphur dioxide or 5,000
solutions sorbic acid1,000
Aqueous Sulphur dioxide or 500
solutions of benzoic acid or3,000
enzyme methyl para-hydroxybenzoate or 3,000
preparationsethyl para-hydroxybenzoate or 3,000
not otherwisepropyl para-hydroxybenzoate or 3,000
specified, sorbic acid3,000
including
immobilized
enzyme
preparations in
aqueous media
20. Figs, dried Sulphur dioxide or2,000
sorbic acid 500
Column 1 Column 2 Column 3
Parts per
Item Specifiedfood Permitted preservative million not
exceeding
21.Fillings and Sorbic acid 1.000
toppings for flour
confectionery
which consist
principally of a
sweetened oil and
water emulsion
with a minimum
sugar solids <
content of 50%
22,Fish ball, fishSorbic acid or 1,000
cake, and driedbenzoic acid or 1,000
shredded fishmethyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
23.Fish sauce Benzoic acid or 1,000
(A YX) methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1,000
sorbic acid 1,000
24.FlavouringsSulphur dioxide or 350
benzoic acid or 800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate 800
25.Flavouring syrupsSulphur dioxide or 350
benzoic acid or 800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate 800
26. Flour Propionic acid or 1,000
confectionerysorbic acid 1,000
27.Flour intendedSulphur dioxide 200
for use in the
manufacture of
biscuits
28.Foam headings,Sulphur dioxide or 5,000
liquid benzoic acid or 10,000
methyl para-hydroxybenzoate or 10,000
ethyl para-hydroxybenzoate or 10,000
- propyl para-hydroxybenzoate 10,000
29.Fruit based pieSulphur dioxide or 350
fillings benzoic acid or 800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate or 800
sorbic acid 450
30.Fruit, citrusDiphenylor 100
ortho-phenylphenol 70
31.Fruit, crystallized, Sulphur dioxide or 100
glace or drainedbenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1c000
sorbic acid 1,000
32.Fruit, dried, other Sulphur dioxide 2,000
than prunes or figs
Column 1 Column 2Column 3
Parts per
ItemSpecifiedfood Permitted preservative million not
exceeding
33. Fruit or fruit pulp Sulphur dioxide 3,000
(other than
tomato pulp)
intended for
manufacturing
purposes
34. Fruit, fresh:
(a) Apples Ortho-phenylphenol 10
(b) Pears Ortho-phenylphenol 10
(e) Pears Copper carbonate 3
(of copper)
(d) Pineapple Ortho-phenylphenol 10
(e) Melons Ortho-phenylphenol 125
(f) Peaches Ortho-phenylphenol 20
35. Fruit juices, Sulphur dioxide or 350
sweetened or benzoic acid or 800
unsweetened methyl para-hydroxybenzoate or 800
whether ethyl para-hydroxybenzoate or 800
concentrated or propyl para-hydroxybenzoate 800
not
36. Fruit pieces in Sorbic acid 1,000
stabilized syrup
for use as
ingredients of
ice-cream or other
edible ices
37. Fruit spread Sulphur dioxide and 100
sorbic acid 1,000
38. Fruit (other than Sulphur dioxide or 350
fresh fruit) or fruit benzoic acid or 800
pulp not otherwise methyl para-hydroxybenzoate or 800
specified in thisethyl para-hydroxybenzoate or 800
Schedule propyl para-hydroxybenzoate 800
39. GelatinSulphur dioxide1,000
40. Gelatin capsulesSorbic acid 3,000
41. Ginger, dry rootSulphur dioxide 150
42. Glucose drinksSulphur dioxide or 350
containing not less benzoic acid or 800
than 2.3 kg ofmethyl para-hydroxybenzoate or 800
glucose syrup perethyl para-hydroxybenzoate or 800
10 litres of thepropyl para-hydroxybenzoate 800
drink
43. GrapejuiceSulphur dioxide and either 70
products benzoic acid or 2,000
(unfermented,methyl para-hydroxybenzoate or 2,000
intended forethyl para-hydroxybenzoate or 2,000
sacramental use)propyl para-hydroxybenzoate 2,000
44. Ham Sodium nitrate500
Sodium nitrite 200
45. Hamburgers orSulphur dioxide 450
similar products
46. Horseradish, fresh Sulphur dioxide or 200
grated benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para~hydroxybenzoate or 250
propyl para-hydroxybenzoate 250
Column 1 Column 2Column 3
Parts per
ItemSpecifiedfood Permittedpreservative million not
exceeding
47. Horseradish sauce Sulphur dioxide or 200
benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate 250
48. Jam, including Sulphur dioxide and either 100
preserves sold for benzoic acid or 500
special dieteticmethyl para-hydroxybenzoate or 500
purpose ethyl para-hydroxybenzoate or 500
propyl para-hydroxybenzoate or 500
sorbic acid 1,000
49. Kweilin, Chilli Benzoic acid or 1,000
(U*~ew) methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
50. Low fat products Sorbic acid 2,000
consisting of an
emulsion
principally of
water in oil
51. Mallow, chocolate Sorbic acid 1,000
covered (calculated
on the weight
of the mallow
and chocolate
together)
52. MargarineBenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1,000
sorbic acid 1,000
53. Marzipan Sorbic acid1,000
54. Meat, pickled,Sodium nitrate 500
cooked Sodium nitrite 200
55. Meat, pickled,Sodium nitrate 500
uncooked Sodium nitrite 200
56. Nut pastes,Sorbic acid1,000
sweetened
57. Olives, pickledSulphur dioxide or 100
benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 500
58. Oyster saucesBenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1,000
sorbic acid 1,000
59. Pectin, liquidSulphur dioxide 250
60. PerrySulphur dioxide or 200
sorbic acid 200
Column 1 Column 2Column 3
Parts per
ItemSpecifiedfiod Permitted preservative million not
exceeding
61. Pickles, other than Sulphur dioxide or 100
pickled olives benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
62. Pork, preserved Sodium nitrate 500
Sodium nitrite 200
63. Potatoes, raw, Sulphur dioxide 50
peeled
64. Potatoes, Sulphur dioxide 550
dehydrated
65. Prawn, shrimp Sulphur dioxide 200
and scampi (in the edible
part)
66. Preparations of Benzoic acid and either 750
permitted artificial methyl para-hydroxybenzoate or 250
sweetener andethyl para-hydroxybenzoate or 250
water onlypropyl para-hydroxybenzoate 250
67. Preserved mixedBenzoic acid or 250
bean saucemethyl para-hydroxybenzoate or 250
04# g) ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
68. Preserved soyaBenzoic acid or 1,000
bean methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
69. PrunesSulphur dioxide or 2,000
sorbic, acid 1,000
70. Rennet, liquidBenzoic acid or 2,000
methyl para-hydroxybenzoate or 2,000
ethyl para-hydroxybenzoate or 2,000
propyl para-hydroxybenzoate 2,000
71. Salad creamSulphur dioxide or 100
(including benzoic acid or250
mayonnaise) andmethyl para-hydroxybenzoate or 250
salad dressingethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
72. Sausage, ChineseSodium nitrate 500
preserved Sodium nitrite 200
73. Sauces notSulphur dioxide or 100
otherwise specified benzoic acid or 250
in this Schedulemethyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
74. Sausages orSulphur dioxide 450
sausage meat
75. Shrimp pasteBenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
Column 1 Column 2 Column 3
Parts per
Item Specifiedfood Permitted preservative million not
exceeding
76. Silicone antifoam,Benzoic acid or 2,000
emulsionmethyl para-hydroxybenzoate or 2,000
ethyl para-hydroxybenzoate or 2,000
propyl para-hydroxybenzoate or 2,000
sorbic acid 1,000
77. Soft drinks forSulphur dioxide or 350
consumption after benzoic acid or 800
dilution not methyl para-hydroxybenzoate or 800
otherwise specified ethyl para-hydroxybenzoate or 800
in this Schedulepropyl para-hydroxybenzoate or 800
including sorbic acid 2,000
comminuted citrus
bases for the
preparation of soft
drinks
78. Soft drinks forSulphur dioxide or 70
consumption benzoic acid or160
without dilutionmethyl para-hydroxybenzoate or 160
not otherwiseethyl para-hydroxybenzoate or 160
specified in thispropyl para-hydroxybenzoate or 160
Schedule sorbic acid 400
79. Soup concentratesSorbic acid and 1,500
with a moisturemethyl para-hydroxybenzoate 175
content of not
less than 25% and
not more than
60%
80. Soy or soy sauceBenzoic acid or 550
(soyabean methyl para-hydroxybenzoate or 550
product) ethyl para-hydroxybenzoate or 550
propyl para-hydroxybenzoate or 550
sorbic acid 1,000
81. Starches, prepared Sulphur dioxide 100
82. Starch hydrolysedSulphur dioxide 70
(solid)
83. Starch hydrolysedSulphur dioxide 450
(syrup)
84. Sugar or sugarSulphur dioxide 70
syrups
85. Tea extract, liquid Benzoic acid or 450
methyl para-hydroxybenzoate or 450
ethyl para-hydroxybenzoate or 450
propyl para-hydroxybenzoate 450
86. Tomato pulp,Sulphur dioxide or 350
paste or puree benzoic acid or800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate 800
87. Tomato sauce orBenzoic acid or 300
catsup or ketchupmethyl para-hydroxybenzoate or 300
ethyl para-hydroxybenzoate or 300
propyl para-hydroxybenzoate or 300
sorbic acid 1,000
88. Vegetables,Sulphur dioxide 2,000
dehydrated (other
than cabbage or
potato)
Column 1 Column 2 Column 3
Partsper
Item Specifiedfood Permitted preservative million not
exceeding
89. Vinegar Sulphur dioxide 70
90. Wine (including Sorbic acid 400
alcoholic cordials)Sulphur dioxide 450
91. Yogurt, fruit Sulphur dioxide or 60
benzoic acid or 120
methyl para-hydroxybenzoate or 120
ethyl para-hydroxybenzoate or 120
propyl para-hydroxybenzoate or 120
sorbic acid 300
PART 11
ARTICLES OF FOOD WHICH MAY CONTAIN ADDED ANTIOXIDANTS AND
DESCRIPTION AND PROPORTION OF ANTIOXIDANTS WHICH
MAY BE ADDED IN EACH CASE
Column 1 Column 2 Column 3
Item Specifiedfood Antioxidant Parts per
million
1 Anhydrous ediblePropyl gallate or Octyl gallate or 100
oils and fats,Dodecyl gallate or any mixture
whether hardenedthereof or
or not and vitamin Butylated hydroxyanisole 200
oils and (B. H. A.) or
concentrates other Butylated hydroxytoluene 200
than preparations (k. '1~ or
containing more A%~'Mi~ture of B.H.A. and 200
than 100,OOOI.U.'s B.H.T.
Vitamin A per
gram
2. Partial GlycerolPropyl gallate or Octyl gallate or 100
Esters Dodecyl gallate
or any mixture thereof or
Butylated hydroxyanisole 100
(B.H.A.) or
Butylated hydroxytoluene 200
(B.H.T.) or
Any mixture of B.H.A. and 200
B.H.T.
3. Butter for manu-Propyl gallate or Octyl 80
facturing purposes gallate or Dodecyl gallate or
any mixture thereof or
Butylated hydroxyanisole 160
(B.H.A.) or
Butylated hydroxytoluene 160
(B.H.T.) or
Any mixture of B.H.A. and 160
B.11.T.
4. Essential oils andPropyl gallate or Octyl 1,000
isolates from thegallate or Dodecyl gallate
concentrates ofor any mixture thereof or
essential oilsButylated hydroxyanisole 1,000
(B.H.A.) or
Butylated hydroxytoluene 1,000
(B.H.T.) or
Any mixture of B.H.A. and 1,000
B.H.T.
Column 1 Column 2 Column 3
Item SpecifiedfoodAntioxidant Parts per
million
5. Apples and pears Etlioxyquin 3
Note.. (A)Butylated hydroxyanisole or butylated hydroxytoluene or mixtures
thereof within the limits specified in Part 11 of this Schedule may be
used in conjunction with propyl gallate or octyl gallate or dodecyl
gallate or mixture thereof within the limits specified, provided that
the total amount of antioxidant shall not exceed, in the case of
anhydrous oils and fats and vitamin oils and concentrates, and partial
glycerol esters, 300 parts per million, in the case of butter for manu-
facturing purposes, 240 parts per million and in the case of essential
oils and isolates from the concentrates of essential oils, 1,000 parts
per million.
(R)Preparations containing more than 100,000 I.U.'s Vitamin A per gram
are allowed to have in them or on them only 10 parts per million for
each 1,000 I.U.'s Vitamin A per gram of butylated hydToxyanisole
(B.H.A.) or butylated hydroxytoluene (B.H.T.) or any mixture of
B.H.A. and B.H.T.
PART III
Column 1 Column 2
Preservative specified in Alternativeform in which the preservative
First Schedule may he used (to be calculated as the
preservative shown in Column 1)
Benzoic acid Sodium benzoate
Potassium benzoate
Calcium benzoate
Methyl para-hydroxybenzoate Methyl para-hydroxybenzoate, sodium salt
Ethyl para-hydroxybenzoate Ethyl para-hydroxybenzoate, sodium salt
Propyl para-hydroxybenzoate Propyl para-hydroxybenzoate, sodium salt
Ortho-phenylphenol Sodium ortho-phenylphenate
Propionic acid Sodium propionate
Calcium propionate
Potassium propionate
Sodium nitrate Potassium nitrate
Sodium nitrite Potassium nitrite
Sorbic acid Sodium sorbate
Potassium sorbate
Calcium sorbate
Sulphur dioxide Sulphurous acid
Sodium sulphite
Sodium hydrogen sulphite
Sodium metabisulphite
Potassium sulphite
Potassium metabisulphite
Calcium sulphite
Calcium hydrogen sulphite
SECOND SCHEDULE [regs. 3(1), 5 & 6.]
LABELLING OF ARTICLES OF FOOD CONTAINING PRESERVATIVE OR ANTIOXIDANT
LABELLING OF PRESERVATIVES OR ANTIOXIDANTS AND STATEMENTS
ABOUT ARTICLES OF FOOD CONTAINING EXCESS AMOUNTS OF
PERMITTED PRESERVATIVES
1. The food containing preservatives to which the rules as to labelling set out
in this Schedule apply are sausages, sausage meat, liquid coffee extract, liquid tea
extract, pickles and sauces, and (where the proportion of benzoic acid exceeds 800
parts per million) unfermented grape juice products intended for sacramental use and
any food containing antioxidant.
2. (1) Each container to which regulation 6 relates shall bear a label on which
is printed clearly and conspicuously a true statement in the form of the following
declaration-
(X) CONTAIN(S)
PRESERVATIVE(S)
(2) Th e declaration shall be completed by inserting at (X) the words 'This' or
'These' followed by the common or usual name of the food as specified in para-
graph 1 of this Schedule.
(3) In the case of any unfermented grape juice product intended for sacramental
use to which these regulations apply the words 'and is not intended for use as a
beverage' shall be added to the declaration.
3. Where any of the said article of food contains antioxidant it shall bear a
label on which is printed in relation to every added antioxidant contained therein-
(a) an accurate description of such antioxidant; and
(b)the maximum amount of such antioxidant, expressed as parts per million
(estimated by weight).
4. (1) The statement to which paragraph (b) of regulation 3(1) relates shall be
printed clearly and conspicuously in the form of the following declaration-
(X) CONTAINS
NOT MORE THAN
(Y) PER CENT OF (Z)
(Y) PER CENT OF (Z)
AND ISIARE NOT FOR RETAIL SALE
(2) The declaration shall be completed by inserting at (X) the word 'This' or
'These' followed by the common or usual name of the food, at (Y) in words and
figures (for example, 'seventy (70)'), the maximum percentage by weight, correct to
the nearest whole digit, of each and every preservative present in the food and at (Z)
a correct description of the preservative to which such percentage relates:
Provided that in any such declaration the words 'parts per million' may be
substituted for 'per cent' and in any such case, the words and figures to be inserted
at (Y) shall be the number of parts per million by weight of each and every pre-
servative present in the food.
5. (1) Each container to which regulation 5(1) relates shall bear a label on
which is printed clearly and conspicuously a true statement in the form of the
following declaration-
THIS PRESERVATIVE CONTAINS
(X) PER CENT OF (Y)
(X) PER CENT OF (Y)
(2) The declaration shall be completed by inserting at (X) in words and figures,
(for example, 'seventy (70)'), the percentage by weight, correct to the nearest
whole digit, of each and every preservative present in the substance in the container
and at (Y) a correct description of the preservative to which such percentage relates:
Provided that in any such declaration the words 'parts per million' may be
substituted for 'per cent' and in any such case the words and figures to be inserted
at (X) shall be the number of parts per million by weight of each and every pre-
servative present in the substance in the container.
6. (1) In the case of antioxidants, every container to which regulation 5(1)
relates shall bear a label on which is printed a true statement in the'form of the
following declaration-
This antioxidant contains
(X)
(Y)
(2) There shall be inserted at (X) in every such declaration a true statement of
the percentage, or the number of parts per million, by weight in figures, excluding
fractions, correct to the nearest whole digit, or in words and figures excluding frac-
tions, correct to the nearest whole digit, of each and every antioxidant present in the
preparation in the container and a correct description of each antioxidant to which
such statement relates, There shall be inserted at (Y) a correct description of any
other substance present in the preparation in the container and where more than one
such substance is present such substances shall be declared in the order of the pro-
portion in which they were present at the time of sale by the manufacturer, the
substance present in the greatest proportion by weight being specified first.
7. Each declaration prescribed in this Schedule shall be printed distinctly and
legibly in dark type on a light-coloured ground or in a light type on a dark-coloured
ground. the type being not less than 3 mm in height, within a surrounding line and
no other matter shall be printed within such surrounding line. The words and figures
in such declaration shall be of uniform size and colour and the ground within the
said surrounding line shall be of uniform colour, provided that the initial letter in
any such word may be larger than the other letters in that word.
8. The label required in this Schedule shall be securely affixed to or be part of
the wrapper or container and in any case shall be so placed as to be clearly visible
and shall be either part of any main label or a separate label placed in close proximity
thereto, provided that if the article bears a label containing the name, trade mark, or
a design representing the brand, of the article or the name and address of the
manufacturer or dealer, the prescribed declaration shall be printed as part of such
label.
9. The declarations prescribed in this Schedule shall also be printed in easily
readable Chinese characters where either-
(a)the wrappers or containers contain articles which have been manufactured.
processed or packed in Hong Kong; or
(b)the wrappers or containers contain articles of food imported into Hong
Kong for sale therein and bear labels or markings with writing in Chinese
characters.
10. No comment on or explanation of the prescribed declaration (other than
any direction as to use in the case of a preservative or antioxidant) shall be placed
on the label or on wrapper or container.
L.N. 20/73. L.N. 181/77. L.N. 89/79. L.N. 114/84. L.N. 67/85. 10 of 1986. Citation. Interpretation. 10 of 1986, s. 32(2). First Schedule. (Cap 132, sub. Leg.) (Cap. 109.) First schedule. (Cap. 132, sub. Leg.) Restrictions in relation to the sale, etc. of food containing preservative or antioxidant.[cf. S.I. 1962/1532, r.3.] First Schedule. 10 of 1986, s. 32(2). Second Schedule. L.N. 181/77. [cf. S.I. 1962/1532, r.4.] Food containing antioxidant not to be recommended for babies and young children. [cf. S.I. 1966/1500, r.7.] Sale, labelling and advertisement of preservatives and antioxidants. [cf. S.I. 1962/1532, r.6] Second Schedule. First Schedule. Labelling of food containing a preservative or antioxidant. [cf. S.I. 1962/1532, r.5] Second Schedule. First Schedule. Regulations not to apply to food etc. for re-export. 10 of 1986, s. 32(2). Defences. S.I. 1962/1532, r.8(4). [cf.S.I. 1966/1500, r.10(2).] [cf. S.I. 1962/1532, r. 8(5).] Offences and penalties. L.N. 114/84. Name in which proceedings for offences may be brought. L.N. 67/85. 10 of 1986, s. 32(2). Amendment of first Schedule. L.N. 114/84. L.N. 67/85. L.N. 114/84. L.N. 89/79.
Abstract
L.N. 20/73. L.N. 181/77. L.N. 89/79. L.N. 114/84. L.N. 67/85. 10 of 1986. Citation. Interpretation. 10 of 1986, s. 32(2). First Schedule. (Cap 132, sub. Leg.) (Cap. 109.) First schedule. (Cap. 132, sub. Leg.) Restrictions in relation to the sale, etc. of food containing preservative or antioxidant.[cf. S.I. 1962/1532, r.3.] First Schedule. 10 of 1986, s. 32(2). Second Schedule. L.N. 181/77. [cf. S.I. 1962/1532, r.4.] Food containing antioxidant not to be recommended for babies and young children. [cf. S.I. 1966/1500, r.7.] Sale, labelling and advertisement of preservatives and antioxidants. [cf. S.I. 1962/1532, r.6] Second Schedule. First Schedule. Labelling of food containing a preservative or antioxidant. [cf. S.I. 1962/1532, r.5] Second Schedule. First Schedule. Regulations not to apply to food etc. for re-export. 10 of 1986, s. 32(2). Defences. S.I. 1962/1532, r.8(4). [cf.S.I. 1966/1500, r.10(2).] [cf. S.I. 1962/1532, r. 8(5).] Offences and penalties. L.N. 114/84. Name in which proceedings for offences may be brought. L.N. 67/85. 10 of 1986, s. 32(2). Amendment of first Schedule. L.N. 114/84. L.N. 67/85. L.N. 114/84. L.N. 89/79.
Identifier
https://oelawhk.lib.hku.hk/items/show/2619
Edition
1964
Volume
v10
Subsequent Cap No.
132
Number of Pages
19
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PRESERVATIVES IN FOOD REGULATIONS,” Historical Laws of Hong Kong Online, accessed July 12, 2025, https://oelawhk.lib.hku.hk/items/show/2619.