1960-HKRS30-8-50_Part02 — Page 53

Authenticated Laws 確真本香港法例 All

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Explanatory Note.

(This Note is not part of the by-laws, but is intended so indicate their general purport)

The purpose of these by-laws is to replace the following seven set of existing by-laws-

(a) Food Factories By-lawE;

(b) Restaurants and Food Stalls By-laws;

(c) Food Shops By-Jaws;

(d) Roast Meat Shops By-laws;

(e) Salted or Dried Fish By-laws;

( Markets By-laws; and

(g) Disease Prevention (Food and Drinks) By-laws.

7. Apart from those which make provisions in relation to licensing and to prohibited and restricted foods, these by-laws are based largely upon the United Kingdom Food Hygiene Regulations, 1955, and apply to all food businesses. The conditions relating to the hygienic bandling of food are larsh the same, whether the food is handled in a factory, a restaurant, a groweń shop or a food stall. The by-laws are divided into five parts.

3. Part 1 deals with preliminary matters. The definition therein of the expression "open food" is taken from the Food Hygiene Regulations, 1992 and distinguishes food which liable to contamination from food which, t reason of its packing or its nature, is not, The definition of a "food busines is also taken from those regulations.

4. Part II deals with food hygiene as such. The substance of most ed the by-laws contained in this Part will be found in the various sels of crista by-laws. This Part deals with matters such as the cleanliness of premiues. equipment and the like, and have been modelled on the relevant United Kingdom regulations wherever those regulations are applicable.

S. Part III, in conjunction with the First and Second Schedules, deali with the prohibited and restricted foods. The First Scbedule specifice varios foods which are inherently dangerous from a public health point of view and which may not be sold at all. The Second Schedule deals with certain food which are, by their nature, especially lable to contamination and which my only be sold with the permission of the Urban Council. Most of these articles will normally be sold only from licensed premises over which the Comil exercises strict control. That degree of control is not, however, necessary jo all cases, and the purpose of the requirements as to permission is to enable the Council to restrict the sale of articles of food contained in this Schedule to their sale by persons who either are carrying on business from licensed food premises or are carrying on business from premises which have the necessan facilities to protect the food in question from contamination, although, in other respects, the business carried on may be such as not to require to be licensed The permission of the Council under by-law 30 will be granted free of char to any person who is licensed for other purposes under these by-laws or unde the other by-laws specified in paragraph (2) of that by-law or who is the laser of a market stall. In all other cases, the fee specified in the Second Schedak will be payable.

6. Part IV deals with licensing, and must be read in conjunction with the Third and Fourth Schedules. From the point of view of public health. all kinds of food businesses do not require control by licensing. By-law !! therefore, specifics those businesses which it is considered ought to be licensed. and the Third Schedule sets out the fees payable for the licences. The exist scale of fees has been retained. The remaining provisions of this Part del with the submission of plans of the premises at which the food business is

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to be carried on and the conditions which must be satisfied in relation to those premises before a licence will be issued. By-law 34 prohibits any alteration to the premises after the grant of a licence, save with the consent of the Council. The provisions of by-law 33(1)(), in conjunction with the Fourth Schedule. are designed to ensure that, in the case of restaurants, the premises will be so laid out as to provide sufficient cooking and scullery space to enable hygienic conditions to be maintained during the preparation and serving of meals.

7. Part V deals with offences and penalties and contains transitional provisides.

B. These by-laws differ so widely from the corresponding existing by-laws us to render a Comparative Table of liule assistance in their study.” Such a Table has not, therefore, been prepared,

(Secretariat GR5/3231/60)

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