W 4
[Subsidiary]
L.N. 222/85.
L.N. 222/85.
Standards of composition. First Schedule.
Marking and labelling. Second Schedule.
Labelling of prepackaged food.
L.N. 222/85. Third Schedule. Fourth Schedule.
Offences and penalties. L.N. 222/85. L.N. 330/87.
L.N. 222/85.
CAP. 132] Food and Drugs (Composition and Labelling) [1987 Ed. Regulations
"ultimate consumer" means any person in Hong Kong who buys otherwise than-
(a) for the purpose of resale;
(b) for the purposes of a catering establishment; or
(c) for the purposes of a manufacturing business.
(2) For the purposes of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food, and references to purchasers shall be construed accordingly.
3. The standards of composition of the foods and drugs specified in the First Schedule shall be the standard prescribed in respect thereof in that Schedule.
4. The foods and drugs specified in the Second Schedule shall be marked and labelled in the manner prescribed in that Schedule.
4A. (1) Without prejudice to regulation 4 but subject to paragraph (2), prepackaged food shall be marked and labelled in the manner prescribed in the Third Schedule.
(2) The items listed in the Fourth Schedule shall be exempt from the requirements of this regulation to the extent specified in that Schedule.
(3) The Authority may by notice in the Gazette amend the Fourth Schedule.
5. (1) Any person who advertises for sale, sells or manufactures for sale any food or drug which does not conform to the relevant requirements as to composition prescribed in the First Schedule or which is not marked and labelled in the manner prescribed in the Second Schedule or the Third Schedule commits an offence and is liable to a fine of $25,000 and to imprisonment for 6 months.
(2) In any proceedings for an offence against paragraph (1) in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business.
(3) In any proceedings for an offence against paragraph (1) in relation to the possession for sale of any prepackaged food which is not marked or labelled in the manner prescribed in the Second Schedule or the Third Schedule, it shall be a defence for the defendant to show that before offering the food for sale he would have taken all reasonable steps to ensure that the food was so marked or labelled.