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(78 of 1999 s. 7) (Cap 132, section 56) [11 November 1960] G.N.A. 132 of 1960 (G.N.A. 106 of 1960) Cap 132AQ s 1 (Repealed 78 of 1999 s. 7) PART I PRELIMINARY Cap 132AQ s 2 (Repealed 78 of 1999 s. 7) Cap 132AQ s 3 Interpretation In this Regulation, unless the context otherwise requires- (78 of 1999 s. 7) "bottling" (装瓶) means, in relation to milk or any milk beverage, any method of inserting milk or a milk beverage into bottles or other kinds of containers for sale or for use in the making or preparation of food for sale; (L.N. 259 of 1977) "business as a milk factory" (奶品厂业务) means a business described under section 14(2); (L.N. 101 of 1971; 78 of 1999 s. 7) "container" (容器) includes any cover attached to a container; "Director" (署长) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) "disease" (疾病) means any disease of a communicable nature; "full licence" (正式牌照) means a licence granted under section 16; (L.N. 358 of 1998; 78 of 1999 s. 7) "heat-treatment" (热处理) means the processing of milk or any milk beverage by any of the methods described in Schedule 1; (L.N. 259 of 1977) "licence" (牌照) means a full licence or a provisional licence; (L.N. 358 of 1998) "licensee" (持牌人) means a person to whom a licence has been granted; (L.N. 358 of 1998) "milk" (奶类) means cow's milk, buffalo's milk and goat's milk and also means cream and frozen or reconstituted milk and cream, but does not include separated milk, dried milk or condensed milk; "milk beverage" (奶类饮品) means any beverage resulting from the combining with a liquid of milk fat and other solids derived from milk whether exclusive of any food additive or otherwise; (L.N. 259 of 1977) "processing" (加工处理) means, in relation to milk or any milk beverage, heat-treatment, bottling or storage for heat-treatment, and bottling for sale or for use in the making or preparation of food for sale; (L.N. 259 of 1977) "provisional licence" (暂准牌照) means a licence granted under section 16A; (L.N. 358 of 1998; 78 of 1999 s. 7) "reconstituted milk" (再造奶) means products resulting from the recombining with water of milk constituents, namely, milk fat and other solids derived from milk exclusive of any other substance, and includes the products resulting from the melting of frozen concentrated milk, and "to reconstitute milk" (再造奶) shall be construed accordingly; (L.N. 32 of 1967) "sale" (售卖) includes to sell, offer or expose for sale or possess for the purpose of sale. (78 of 1999 s. 7) Cap 132AQ s 4 Amendment of Schedule 1 The Secretary for Health, Welfare and Food may from time to time, by notification published in the Gazette, amend Schedule 1. (78 of 1999 s. 7; L.N. 106 of 2002) Cap 132AQ s 5 Permits to sell milk or milk beverage PART II SALE OF MILK AND MILK BEVERAGES (L.N. 259 of 1977) (1) No person shall sell any milk or milk beverage for human consumption save under and in accordance with the permission in writing of the Director granted under section 30 of the Food Business Regulation (Cap 132 sub. leg.). (2) Notwithstanding anything contained in subsection (1), no permit shall be required for the sale in sealed containers of such brands of sterilized milk or sterilized milk beverage as the Director may approve, if he is satisfied that there is no danger to public health. (L.N. 86 of 1964) (L.N. 259 of 1977; 10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132AQ s 5A Restriction on sale, etc. of imported milk or milk beverage (1) No person shall sell or advertise for sale, any milk or milk beverage imported into Hong Kong from a source of manufacture other than a source of manufacture which has been approved by the Director. (2) For the purpose of this section, the Director shall not approve any source of manufacture of milk or milk beverage unless he is satisfied that heat-treatment is included in the process of manufacture of such milk or milk beverage. (3) In any proceedings for an offence under subsection (1) alleging advertising for sale, it shall be a defence for a defendant to prove that he was at the time the offence is alleged to have occurred a person whose business it was to publish, or arrange for the publication of, advertisements and that he received the advertisement for publication in the ordinary course of that business. (L.N. 144 of 1987; 78 of 1999 s. 7) Cap 132AQ s 6 Prohibition of sale of milk or milk beverage in certain cases (1) No person shall sell any milk or milk beverage for human consumption if- (a) except in the case of imported frozen pasteurized whole milk, it has been heat-treated more than once; or (b) it contains at any time before heat-treatment, more than 200000 bacteria per millilitre or any coliform organisms in 1/1000th (0.001) of a millilitre; or (c) it contains at any time after heat-treatment by any of the methods of pasteurization described in Schedule 1 more than 30000 bacteria per millilitre or any coliform organisms in 1/10th (0.1) of a millilitre; or (L.N. 144 of 1987) |