【法规名称】
【法规编号】 44380 什么是编号？
【正 文】
第4页 CAP 132BD PRESERVATIVES IN FOOD REGULATIONS
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[接上页] (b) any antioxidant other than the antioxidant specified in Column 2 of Part II of the First Schedule; (c) any permitted preservative or antioxidant specified in Column 2 of Part II of the First Schedule in such a manner as to be likely to lead to its use contrary to these regulations. [cf. S.I. 1962/1532 r. 6 U.K.] Cap 132BD reg 6 Labelling of food containing a preservative or antioxidant (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. [cf. S.I. 1962/1532 r. 5 U.K.] Cap 132BD reg 7 Regulations not to apply to food etc. for re-export 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. (10 of 1986 s. 32(2)) Cap 132BD reg 7A Application to air transit or air transhipment cargo (1) Regulation 3 does not apply in relation to the import of an article of food referred to in that regulation that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such article of food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3- (a) the article of food is deemed to be imported at the time of such removal; and (b) the person who brought the article of food, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the article of food at the time of its removal,and, except to that extent, that regulation has effect as if this paragraph had not been enacted. (2) In proceedings against a person for an offence under regulation 9, being proceedings- (a) in relation to the import of an article of food referred to in regulation 3 that is air transit cargo or air transhipment cargo; and (b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the article of food was removed from the cargo transhipment area of Hong Kong International Airport,it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring. (3) Where in any proceedings the defence provided by paragraph (2) involves an allegation that the commission of the offence was due to- (a) the act or default of another person; or (b) reliance on information given by another person,the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of- (i) the person who committed the act or default or gave the information; and (ii) the act, default or information,of which he is aware at the time he serves the notice. (4) A person is not entitled to rely on the defence provided by paragraph (2) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to- (a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and (b) whether he had any reason to disbelieve the information. (29 of 2000 s. 5) Cap 132BD reg 8 Defences (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. |
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