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FOOD AND DRUGS (COMPOSITION AND LABELLING) REGULATIONS - SCHEDULE 3
MARKING AND LABELLING OF PREPACKAGED FOODS
(Past version on 12/19/2003).
(Past version on 06/30/1997).
[regulation 4A]
(L.N. 80 of 1996)
1. Name or designation
(1) Prepackaged food shall be legibly marked or labelled with its food name or designation. (L.N. 80 of 1996)
(2) The food name or designation shall not be false, misleading or deceptive in any respect as to the nature of the food. (L.N. 80 of 1996)
(3) If any brand name, including any fancy name, or any trade mark would be likely to mislead a purchaser in any respect as to the nature of the food, such name or mark shall be immediately followed by the word "Brand" (牌子) or the letters "TM"(商標), as appropriate, printed in legible letters or characters of not less than 3 mm in height.
(4) Any customary or traditional name in use in Hong Kong before the commencement of these regulations and indicative of a particular food may continue to be used as the name of that food, unless and until the Authority by notice in the Gazette prohibits such use.
(5) Where a purchaser could be misled by the omission of an indication-
(a) that a food is powdered or is in any other physical condition; or
(b) that a food has been dried, freeze-dried, frozen, concentrated or smoked, or has been subjected to any other treatment, the name of the food shall include or be accompanied by such an indication.
2. List of ingredients
(1) Prepackaged food shall be legibly marked or labelled with a list of ingredients, headed or preceded by an appropriate heading consisting of or including any of the words "ingredients" (配料), "composition" (成分組合), "contents" (內含物質) or words of similar meaning. (L.N. 80 of 1996)
(2) Subject to sub-paragraphs (3), (4), (4A) and (4B), the ingredients (other than water if it constitutes less than 5% by volume of the food) shall be listed in descending order of weight or volume determined as at the time of their use when the food was packaged. (L.N. 80 of 1996)
(3) In the case of an ingredient which is used in a food in concentrated or dehydrated form and which is reconstituted during preparation of the food for consumption, the weight or volume used in determining the order of the list of ingredients may be the weight or volume of the ingredient before concentration or dehydration.
(4) Without prejudice to sub-paragraph (3), where a food is in concentrated or dehydrated form and is intended to be reconstituted by the addition of water, its ingredients may be listed in descending order of their weight or volume in the food when reconstituted as directed, if the heading of the list of ingredients includes or is accompanied by the words "ingredients of the reconstituted product" (恢復水分產品的配料) or "ingredients of the ready to use product" (即食產品的配料) or by some other indication to similar effect.
(4A) Without prejudice to sub-paragraph (4B), where a food consists of, or contains, mixed fruits, nuts, vegetables, spices or herbs and no particular fruit, nut, vegetable, spice or herb predominates significantly by weight, those ingredients may be listed otherwise than in descending order of weight if-
(a) in the case of a food which consists entirely of such a mixture, the heading of the list of ingredients includes or is accompanied by the words "in variable proportion" or other words indicating the nature of the order in which the ingredients are listed; or
(b) in the case of a food which contains such a mixture, that part of the list where the names of those ingredients appear is accompanied by the words "in variable proportion" (可變比例) or other words indicating the nature of the order in which those ingredients are listed. (L.N. 80 of 1996)
(4B) Subject to sub-paragraph (4D), where a food is characterized by-
(a) the presence of a particular ingredient, the labelling of the food shall not place special emphasis on the presence of that ingredient, unless the labelling includes a declaration of either the minimum percentage by weight of that ingredient in the food or the actual amount of that ingredient in the food, determined as at the time of its use in the preparation of the food;
(b) the low content of a particular ingredient, the labelling of the food shall not place special emphasis on the low content of that ingredient, unless the labelling includes a declaration of either the maximum percentage by weight of that ingredient in the food or the actual amount of that ingredient in the food, determined as at the time of its use in the preparation of the food. (L.N. 80 of 1996)
(4C) (a) Any declaration required by sub-paragraph (4B) shall appear either-
(i) next to the name of the food; or
(ii) in the list of ingredients in close proximity to the name of the ingredient in question.
(b) The actual amount of an ingredient in a food referred to in sub-paragraph (4B) shall be indicated by reference to the numerical count of the contents or to the net weight or net volume of that ingredient and such indication shall conform with paragraph 7(2). (L.N. 80 of 1996)
(4D) For the purposes of sub-paragraph (4B)-
(a) a reference in the name of a food to a particular ingredient shall not of itself constitute the placing of special emphasis on the presence or low content of that ingredient;
(b) a reference in the labelling of a food to an ingredient which is used in a small quantity and only as a flavouring shall not of itself constitute the placing of special emphasis on the presence or low content of that ingredient. (L.N. 80 of 1996)
(4E) (a) If a food consists of or contains any of the following substances-
(i) cereals containing gluten (namely wheat, rye, barley, oats, spelt, their hybridized strains and their products);
(ii) crustacea and crustacean products;
(iii) eggs and egg products;
(iv) fish and fish products;
(v) peanuts, soyabeans and their products;
(vi) milk and milk products (including lactose);
(vii) tree nuts and nut products,
the name of the substance shall be specified in the list of ingredients.
(b) If a food consists of or contains sulphite in a concentration of 10 parts per million or more, the functional class of the sulphite and its name shall be specified in the list of ingredients. (L.N. 85 of 2004)
(5) Subject to section 58 of the Ordinance and unless the Authority otherwise allows in any particular case, an additive (except an additive specified in sub-paragraph (7)) constituting one of the ingredients of a food shall be listed by its functional class and- (L.N. 85 of 2004)
(a) its specific name; or
(b) its identification number under the International Numbering System for Food Additives; or
(c) its identification number under the International Numbering System for Food Additives with the prefix "E" or "e". (L.N. 85 of 2004)
(6) The functional classes of additive for the purpose of sub-paragraph (5) are- (L.N. 85 of 2004)
Acid (酸味劑)
Acidity regulator (酸度調節劑)
Anti-caking agent (抗結劑)
Anti-foaming agent (消泡劑)
Antioxidant (抗氧化劑)
Bulking agent (增體劑) (L.N. 85 of 2004)
Colour (色素)
Colour retention agent (護色劑) (L.N. 85 of 2004)
Emulsifier (乳化劑)
Emulsifying salt (乳化鹽)
Firming agent (固化劑) (L.N. 85 of 2004)
Flavour enhancer (增味劑) (L.N. 85 of 2004)
Flour treatment agent (麵粉處理劑) (L.N. 85 of 2004)
Foaming agent (發泡劑) (L.N. 85 of 2004)
Gelling agent (膠凝劑)
Glazing agent (上光劑)
Humectant (水分保持劑) (L.N. 85 of 2004)
Preservative (防腐劑)
Propellant (推進劑) (L.N. 85 of 2004)
Raising agent (膨脹劑)
Stabilizer (穩定劑)
Sweetener (甜味劑) (L.N. 226 of 2003)
Thickener (增稠劑)
(L.N. 226 of 2003; L.N. 85 of 2004)
(7) An additive which constitutes one of the ingredients of a food and falls in any of the following classes shall be listed by the appropriate class title-
(a) flavour and flavouring (調味料及調味劑);
(b) modified starch (改性澱粉),
and the expression "flavour" may be qualified by "natural", "natural identical", "artificial" or a combination of these words as appropriate. (L.N. 85 of 2004)
(L.N. 226 of 2003; L.N. 85 of 2004)
3. List of ingredients of exempt food
If any prepackaged food is marked or labelled with a list of ingredients notwithstanding that it is exempted from the requirements of paragraph 2, such list shall conform in all respects with the requirements of this Schedule.
4. Indication of "best before" or "use by" date
(1) Prepackaged food shall be legibly marked or labelled with the appropriate durability indication, that is to say-
(a) except where sub-sub-paragraph (b) applies, a "best before" (此日期前最佳) date; and
(b) in the case of a prepackaged food which, from the microbiological point of view, is highly perishable and is therefore likely after a short period to constitute an immediate danger to human health, a "use by" (此日期前食用) date.
(2) The "best before" (此日期前最佳) date shall be indicated by-
(a) the words "best before" in English lettering and "此日期前最佳" in Chinese characters followed by the date up to and including which the food can reasonably be expected to retain its specific properties if properly stored; and
(b) a statement of any storage conditions which need to be observed if the food is to retain its specific properties until that date.
(3) The "use by" (此日期前食用) date shall be indicated by-
(a) the words "use by" in English lettering and "此日期前食用" in Chinese characters followed by the date up to and including which the food, if properly stored, is recommended for use; and
(b) a statement of any storage conditions which need to be observed if the food is to retain its quality attributes until that date.
(4) The "best before" (此日期前最佳) date shall be shown either in Arabic numerals or in both the English and Chinese languages and, subject to sub-paragraph (7), shall be expressed in terms of a day, a month and a year except that- (L.N. 85 of 2004)
(a) in the case of a food which can reasonably be expected to retain its specific properties for not more than 3 months, the date may be expressed in terms of a day and a month;
(b) in the case of a food which can reasonably be expected to retain its specific properties for more than 3 but not more than 18 months, the date may be expressed in terms of a month and a year if the date is preceded by the word "end" in English lettering and is followed immediately by the word "底" in Chinese character; or
(c) in the case of a food which can reasonably be expected to retain its specific properties for more than 18 months, the date may be expressed either in terms of a month and a year or in terms of a year, if the date is preceded by the word "end" in English lettering and is followed immediately by the word "底" in Chinese character. (L.N. 85 of 2004)
(5) The "use by" (此日期前食用) date shall be shown either in Arabic numerals or in both the English and Chinese languages and, subject to sub-paragraph (7), shall be expressed in terms of a day and a month or in terms of a day, a month and a year. (L.N. 85 of 2004)
(6) The "best before" (此日期前最佳) date or the "use by" (此日期前食用) date may appear on the labelling of a food separately from the words immediately preceding the date, provided that those words are followed by a reference to the place where the date appears.
(7) Where the "best before" (此日期前最佳) date or the "use by" (此日期前食用) date is shown in Arabic numerals-
(a) the day shall be indicated by the words "DD", "dd", "D" or "d" in English lettering and "日" in Chinese character;
(b) the month shall be indicated by the words "MM", "mm", "M" or "m" in English lettering and "月" in Chinese character; and
(c) the year shall be indicated by the words "YY", "yy", "Y" or "y" in English lettering and "年" in Chinese character,
and the day, month and year can appear in any order. (L.N. 85 of 2004)
5. Statement of special conditions for
storage or instructions for use
(1) Where special conditions are required for the storage of a prepackaged food, a statement of such conditions shall be legibly marked or labelled on the food.
(2) Where special instructions are needed in order that appropriate use may be made of a prepackaged food, such instructions shall be legibly marked or labelled on the food.
(3) Any statement or instructions marked or labelled on food under this paragraph shall conform so far as possible with other requirements of this Schedule.
6. Name and address of manufacturer or packer
(1) Subject to sub-paragraph (2) or (3), prepackaged food shall be legibly marked or labelled with the full name or business name and the full address or details of the registered or principal office of the manufacturer or packer.
(2) Sub-paragraph (1) shall not apply to prepackaged food if-
(a) it is marked or labelled with-
(i) an indication of its country of origin;
(ii) the name of the distributor or brand owner in Hong Kong; and
(iii) the address of the registered or principal office of the distributor or brand owner in Hong Kong; and
(b) the full address of the manufacturer or packer of the food in its country of origin has been notified in writing to the Authority by the distributor or brand owner in Hong Kong.
(3) Sub-paragraph (1) shall not apply to prepackaged food if-
(a) (i) it is marked or labelled with an indication of its country of origin and with a code marking identifying the manufacturer or packer in that country; and
(ii) particulars of the code marking and of the manufacturer or packer to whom it relates have been notified in writing to the Authority by the manufacturer or packer or by the distributor or brand owner in Hong Kong; or
(b) the factory or other place where the food was manufactured or packed is owned, run or managed by the government of its country of origin and the food is marked or labelled in such a manner as to indicate that it is a product of that government.
7. Count, weight or volume
(1) Prepackaged food shall be clearly marked or labelled with the numerical count of the contents or with the net weight or net volume of the food.
(2) The net weight and net volume shall, so far as is practicable, be indicated in accordance with the Weights and Measures Ordinance (Cap. 68) or with the International System of Units set out in the First Schedule to the Metrication Ordinance (Cap. 214).
8. Appropriate language
(1) Except as provided in paragraph 4(2), (3), (4) , (5) and (7) and subject to sub-paragraph (3), the marking or labelling of prepackaged food for purposes of this Schedule shall be in either the English or the Chinese language or in both languages. (L.N. 80 of 1996; L.N. 85 of 2004)
(2) If both the English and Chinese languages are used in the labelling or marking of prepackaged food, the name of the food and the list of ingredients shall appear in both languages, but otherwise the requirements of this Schedule need only be met in one of those languages.
(3) Unless the Authority otherwise requires in any particular case, any prepackaged food may, if it is national or traditional to the country of its manufacture and is not generally manufactured in any other country, be marked and labelled in accordance with this Schedule in the language of the country of its manufacture.
(L.N. 222 of 1985)
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