Hong Kong Regulations

FOOD AND DRUGS (COMPOSITION AND LABELLING) REGULATIONS - REGULATION 2

Interpretation

(Past version on 01/01/2000).
(Past version on 30/06/1997).

(1) In these regulations, unless the context otherwise requires-

"additive" (添加劑) means any substance, not commonly regarded or used as
food, which is added to, or used in or on, food at any stage to affect its
keeping qualities, texture, consistency, appearance, taste, odour, alkalinity
or acidity, or to serve any other technological function in relation to food,
and includes processing aids in so far as they are added to, or used in or on,
food as aforesaid, but does not include-

   (a)  vitamins, minerals or other nutrients in so far as they are used
        solely for the purpose of fortifying or enriching food or of restoring
        the constituents of food;

   (b)  herbs or spices when used as seasoning;

   (c)  hops;

   (d)  salt;

   (e)  yeast or yeast extracts;

   (f)  the total products of any hydrolysis or autolysis of food protein;

   (g)  starter cultures;

   (h)  malt or malt extract;

   (i)  any substance which is present in food solely as a result of its
        addition to animal, bird or fish feedingstuffs or its use in a process
        or treatment carried out in crop husbandry, animal husbandry,
        veterinary medicine or storage (including any pesticide, fumigant,
        sprout depressant or veterinary medicine); or

   (j)  air or water; (L.N. 222 of 1985)

"Authority" (主管當局) means the Director of Food and Environmental
Hygiene;

(78 of 1999 s. 7)

"catering establishment" (飲食供應機構) means a restaurant, canteen,
club, public house, school, hospital or other establishment (including a
vehicle or a fixed or mobile stall) where, in the course of a business, food
is prepared for delivery to the ultimate consumer for immediate consumption;
(L.N. 222 of 1985)

"Codex Alimentarius Commission" (食品法典委員會) means the body created
in 1963 by the World Health Organization and the Food and Agriculture
Organization to develop food standards, guidelines and related texts; (L.N. 85
of 2004)

"container" (容器) includes every kind of box, bottle, tin, carton, package
or wrapping enclosing an article or substance, but does not include an outer
cover or wrapping superimposed for the purpose of consignment or delivery;

"frozen confection" (冰凍甜點) means any confection commonly sold for
human consumption in a frozen or chilled state; (L.N. 163 of 1969)

"ingredient" (配料) means any substance, including any additive and any
constituent of a compound ingredient, which is used in the manufacture or
preparation of a food and which is still present in the finished product, even
if in altered form; (L.N. 222 of 1985)

"International Numbering System for Food Additives"
(食物添加劑國際編碼系統) means the numbering system adopted by the
Codex Alimentarius Commission for identifying food additives in a list of
ingredients of prepackaged food; (L.N. 85 of 2004)

"ionizing radiation" (電離輻射) means any gamma rays, X-rays or
corpuscular radiations which are capable of producing ions either directly or
indirectly other than those rays or radiations which are emitted-

   (a)  by measuring or inspection devices; and

   (b)  at an energy level no higher than the appropriate maximum level; (L.N.
        80 of 1996)

"irradiated food" (輻照食物) means any food which has been subjected to
treatment by ionizing radiation; (L.N. 80 of 1996)

"labelling" (標籤、加上標籤), in relation to a food, includes any
words, particulars, trade mark, brand name, pictorial matter or symbol
relating to the food and appearing on the packaging of the food or on any
document, notice, label, ring or collar accompanying the food; (L.N. 222 of
1985)

"meat" (肉類) means the flesh or other edible part of-

   (a)  any animal; or

   (b)  any bird, intended for human consumption; (L.N. 116 of 1970; L.N. 222
        of 1985)

"milk" (奶類) means cows milk and includes cream and separated milk but does
not include dried milk, condensed milk or reconstituted milk or buffaloes milk
or goats milk; (32 of 1963 s. 20)

"milk beverage" (奶類飲品) 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. 217 of 1977)

"permitted colouring matter" (准許染色料) means any colouring matter
specified in the First Schedule to the Colouring Matter in Food Regulations (
Cap.  132 sub. leg. H), or any combination of such colouring matters;

"prepackaged food" (預先包裝食物) means any food packaged, whether
completely or partially, in such a way that-

   (a)  the contents cannot be altered without opening or changing the
        packaging; and

   (b)  the food is ready for presentation to the ultimate consumer or a
        catering establishment as a single food item; (L.N. 222 of 1985)

"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. 30 of 1967)

"sell" (售賣) 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" (加工製嫩肉類) 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" (最後消費者) 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)

"additive" (添加劑)

"Authority" (主管當局)

"catering establishment" (飲食供應機構)

"Codex Alimentarius Commission" (食品法典委員會)

"container" (容器)

"frozen confection" (冰凍甜點)

"ingredient" (配料)

"International Numbering System for Food Additives"
(食物添加劑國際編碼系統)

"ionizing radiation" (電離輻射)

"irradiated food" (輻照食物)

"labelling" (標籤、加上標籤)

"meat" (肉類)

"milk" (奶類)

"milk beverage" (奶類飲品)

"permitted colouring matter" (准許染色料)

"prepackaged food" (預先包裝食物)

"reconstituted milk" (再造奶)

"to reconstitute milk" (再造奶)

"sell" (售賣)

"sale" (出售)

"sold" (售出)

"tenderized meat" (加工製嫩肉類)

"ultimate consumer" (最後消費者)