【法规名称】
【法规编号】 44446 什么是编号？
【正 文】
第2页 CAP 132W FOOD AND DRUGS (COMPOSITION AND LABELLING) REGULATIONS
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[接上页] "sell" (售卖) includes offer or expose for sale and have in possession for sale, and "sale" (出售) and "sold" (售出) shall be construed accordingly; (L.N. 222 of 1985) "tenderized meat" (加工制嫩肉类) means meat which has been treated with proteolytic enzymes or meat derived from live animals or birds which have been so treated; (L.N. 116 of 1970) "ultimate consumer" (最后消费者) means any person in Hong Kong who buys otherwise than- (a) for the purpose of resale; (b) for the purposes of a catering establishment; or (c) for the purposes of a manufacturing business. (L.N. 222 of 1985) (2) For the purposes of these regulations, 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 purchasers shall be construed accordingly. (L.N. 222 of 1985) (L.N. 222 of 1985) Cap 132W reg 3 Standards of composition The standards of composition of the foods and drugs specified in Schedule 1 shall be the standard prescribed in respect thereof in that Schedule. (L.N. 80 of 1996) Cap 132W reg 4 Marking and labelling The foods and drugs specified in Schedule 2 shall be marked and labelled in the manner prescribed in that Schedule. (L.N. 80 of 1996) Cap 132W reg 4A Labelling of prepackaged food (1) Without prejudice to regulation 4 but subject to paragraph (2), prepackaged food shall be marked and labelled in the manner prescribed in Schedule 3. (2) The items listed in Schedule 4 shall be exempt from the requirements of this regulation to the extent specified in that Schedule. (3) The Authority may by notice in the Gazette amend Schedule 4. (L.N. 222 of 1985; L.N. 80 of 1996) Cap 132W reg 5 Offences and penalties *(1) Any person who advertises for sale, sells or manufactures for sale any food or drug which does not conform to the relevant requirements as to composition prescribed in Schedule 1 or which is not marked and labelled in the manner prescribed in Schedule 2 or Schedule 3 commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (L.N. 222 of 1985; L.N. 330 of 1987; L.N. 80 of 1996; L.N. 177 of 1996) (1A) Any person who sells any food after the date shown as the "use by" date on food marked or labelled for the purposes of Schedule 3 commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (L.N. 80 of 1996; L.N. 177 of 1996) (1B) Any person who, not being the manufacturer or packer originally responsible for so marking or labelling the food, alters, removes or obliterates the labelling of any food or drug marked or labelled for the purposes of Schedule 2 or Schedule 3 commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (L.N. 80 of 1996; L.N. 177 of 1996) (2) In any proceedings for an offence against paragraph (1) 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. (3) In any proceedings for an offence against paragraph (1) in relation to the possession for sale of any prepackaged food which is not marked or labelled in the manner prescribed in Schedule 2 or Schedule 3, it shall be a defence for the defendant to show that before offering the food for sale he would have taken all reasonable steps to ensure that the food was so marked or labelled. (L.N. 222 of 1985; L.N. 80 of 1996) (3A) Without affecting paragraph (3), in any proceedings for an offence against paragraph (1) in relation to any prepackaged food which is not marked or labelled in accordance with paragraph 2(4E) of Schedule 3, it shall be a defence for the defendant to show that he- (a) reasonably and in good faith relied on information provided by the importer or manufacturer as to whether the food consisted of or contained any substance referred to in that sub-paragraph; or (b) (i) has used his best endeavours to obtain such information from the importer or manufacturer but such information is not available; and (ii) has in good faith marked on the food that he does not know whether the food consists of or contains any such substance. (L.N. 139 of 2004)(4) In any proceedings for an offence against paragraph (1B), it shall be a defence for the defendant to prove that each alteration, removal or obliteration in respect of which the offence is alleged was effected under the written authorization of a person capable of effecting that alteration, removal or obliteration without contravention of that provision. (L.N. 80 of 1996) _______________________________________________________________________________ Note: * The operation of this regulation is affected by the transitional provision in section 3 of the Food and Drugs (Composition and Labelling) (Amendment) Regulation 2003 (L.N. 226 of 2003) & the transitional provision in section 6 of the Food and Drugs (Composition and Labelling) (Amendment) Regulation 2004 (L.N. 85 of 2004). |
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