1960-HKRS30-8-50_Part05 — Page 4

3

Citation and com- MNCTVECTIBETUL,

Interpretu tion.

First Schedule,

Restriction

Od Use of colouring matter other than

permitted

colouring

Malter.

Prohibition

on the use of colouring matter in

the case of certain com-

modities,

PUBLIC HEALTH AND URBAN SERVICES ORDINANCE, 1968, (No. 30 of 1960).

Colouring MATTER IN FOOD REGULATIONS, 1960.

In exercise of the powers conferred by section 55 of the Public Health and Urban Services Ordinance, 1960, the Governor in Council has made the following regulations—

1. These regulations may be cited as the Colouring Matter in Food Regulations, 1960, and shall come into operation on the day appointed for the commencement of the Public Health and Urban Services Ordinance, 1960,

2. In these regulations, save where the context otherwise requires-

"permitted colouring matter" means any colouring matter specified in the First Schedule or any combination of more than one such colouring matter:

"processed" includes curing by smoking and any treatment or process resulting in a substantial change in the natural state of any food. but does not include boning, paring, grinding, cutting, cleaning or trimming, and the word "unprocessed" shall be construed acord- ingly:

"sell" includes expose or offer for sale or have in possession for sale,

and the word "sale" shall be construed accordingly:

"vegetable" includes pulses.

No food intended for sale for human consumption shall 3. contain any added colouring matter which is not a permitted colouring matter, and no person shall sell, consign or deliver, or import into the Colony, any such food which does not comply with the provisions of this regulation.

(1) No meat, game, poultry, fish, fruit or vegetable in a raw and unprocessed state which is intended for sale for human consuED P- tion shall have in or upon it, otherwise than for the purpose of marking, any added colouring matter;

Provided that citrus fruit may bave in or upon it added permitted colouring matter if—

(i) the words "colour added" are marked on the skin of such

fruit in permitted colouring matter; and

[

1

(1) such words are distinctly and legibly printed and of such size

as to be conspicuously visible.

(2) No person shail sell, consign or deliver, or import into the Colony, any food referred to in paragraph (1) which does not comply with the provisions of that paragraph,

5. (1) No person shall sell or advertise for sale any colouring Restriction matter for use in food which is not a permitted colouring matter.

on sale or advertise- ment of

than

(2) In any proceedings for an offence against paragraph (1) in colouring relation to the publication of an advertisement, it shall be a defence mater other for the defendant to prove that, being a person whose business it is to permitted publish, or arrange for the publication of, advertisements, be received colouring the advertisement for publication in the ordinary course of business.

(3) No person shall sell, consign or deliver for use in food any colouring matter or any colouring and flavouring compound except in a container bearing a label in accordance with the provisions of the Scood Schedule.

6. Any person who contravenes any of the provisions of regula- tion 3 or 4 or of paragraph (1) or (3) of regulation 5 shall be guilty of un offence and shall be liable on summary conviction to a fine of two thousand dollars and to imprisonment for three months, and, where the offence is a continuing offence, to a fine of fifty dollars for each day during which the offence continues.

matter.

Second

Schedule.

Offences and penalties.

1. For a period of three years from their commencement, these Transitional regulations shall not apply to any food or any colouring matter which provisions. is in the possession of any person at their commencement or which comes into the possession of any person within sixty days of their commencement so long as-

(a) in the case of any such food, the food does not contain any added colouring matter specified in Part II of the First Schedule to the Preservatives in Food Regulations revoked by (Vol. X. section 148 of the Public Health and Urban Services Ordin- P. 11). ance, 1960;

(b) in the case of any such colouring matter, its sale would not have contravened the provisions of paragraph (1) of regulation

4 of, or Part II of the First Schedule to, the said Preservatives in Food Regulations if those provisions were in force.