BF 8
CAP. 132]
Preservatives in Food Regulations
[Subsidiary] 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).]
[1986 Ed.
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 preservatives 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 regulations 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.
(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 permitted 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.