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[接上页] (3) For the purposes of this Regulation, the supply of food, otherwise than by sale at, in or from any place where food is supplied in the course of a business, shall be deemed to be a sale of that food, and references to purchasing and purchasers shall be construed accordingly; and where in connection with any business in the course of which food is supplied the place where food is served to the customers is different from the place where the food is prepared, both those places shall be deemed to be places in which food is sold. (4) In determining for the purposes of this Regulation whether any matter involves risk of contamination to any food, regard shall be had to the extent to which contamination in the respect in question is immaterial because of- (a) the nature of the food; or (b) the manner in which the food is packed; or (c) any process to which the food is to be subjected before sale to the consumer, being a process to which food of that nature is normally so subjected. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 4 Interpretation of food business (1) In this Regulation, unless the context otherwise requires, the expression "food business" (食物业) means, subject to the succeeding provisions of this section, any trade or business for the purpose of which any person engages in the handling of food or food is sold by means of a vending machine. (L.N. 212 of 1973) (2) The said expression does not include any agricultural activity, any canteen in any naval, military or air force establishment or provided in any school or work place (other than a factory canteen referred to in section 31) for the use exclusively of the pupils of the school and the persons employed in the work place, respectively, any club or (except so far as the handling of food may be involved in the course of a retail business or in the course of supplying food for immediate consumption) so much of any trade or business as consists of the handling of food at, in or upon- (L.N. 175 of 1980) (a) any dock or wharf; or (L.N. 125 of 1970) (b) except in the case of any business involving the transport of meat, whether cooked or uncooked, any premises or place occupied by a carrier of foods for the purposes of his trade as such a carrier; or (c) any slaughterhouse; or (d) any premises or place occupied by a wholesaler of raw vegetables and used exclusively for the purpose of his trade or business as such a wholesaler; or (e) any premises which- (i) are used exclusively for the storage of food manufactured and packed by the occupier thereof; and (ii) are situated outside the curtilage of the premises used for the manufacture or packing of that food; and (iii) are not used for the storage of any open food; or (f) any warehouse, other than a warehouse in which articles of food are stored under refrigeration. (L.N. 125 of 1970) (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 5 Cleanliness and repair of food premises PART II GENERAL REQUIREMENTS RELATING TO FOOD BUSINESSES (1) Every person who carries on any food business shall at all times cause the walls , floors, doors, windows, ceiling, woodwork and all other parts of the structure of any food premises used by him in the course of such food business to be kept clean and free from noxious matters and to be kept in such good order, repair and condition as to- (a) enable them to be effectively cleaned; and (b) prevent, so far as is reasonably practicable, infestation by rats, mice and insects and the entry of birds. (2) No person engaged in any food business shall place or permit to be placed or to remain placed any furniture or equipment, other than such as can be moved without difficulty by one man, so near to any wall in any food premises as to obstruct access to any part of such wall, or of such furniture or equipment, for the purpose of cleaning. (3) No person engaged in any food business shall knowingly suffer or permit- (a) in any food premises, the presence of rats, mice or insects; or (b) in any food room, the presence of live birds or animals. (4) If it appears to the Director on the report of any health officer or health inspector that any food premises, or any part thereof, are or is, by reason of uncleanliness or structural repair or condition, in such a state as to be unfit for use in any food business, the Director may cause a notice to be served upon the proprietor of such food business requiring him to cleanse, disinfest, limewash, repair or modify such food premises, or such part thereof, in such manner and within such time as shall be specified in the notice and, in the opinion of the Director, be necessary to render such premises or such part thereof fit for use as food premises. (10 of 1986 s. 32(2); 78 of 1999 s. 7) (5) If the proprietor fails to comply with any of the requirements of a notice served under subsection (4)- (a) he shall be guilty of an offence; and (b) the Director may cause such work as may be necessary for compliance with the requirements of the notice to be carried out and may recover any expenses incurred thereby from the proprietor. (10 of 1986 s. 32(2); 78 of 1999 s. 7) |