Hong Kong Regulations

FOOD BUSINESS REGULATION - SECT 30

Restriction on sale, etc. of specified articles

(Past version on 01/01/2000).
(Past version on 15/01/1999).
(Past version on 30/06/1997).

(1) Save with the permission in writing of the Director, no person shall-

   (a)  sell or offer or expose for sale, or possess for sale or for use in
        the preparation of any article of food for sale, any of the foods
        specified in items 1 to 5 inclusive, items 9 to 14 inclusive and items
        16 to 21 inclusive of Schedule 2: (L.N. 212 of 1973; L.N. 407 of 1996;
        L.N. 1 of 1999) Provided that this paragraph shall not apply to the
        hawking of live poultry in any place or area for the time being set
        aside by the Director pursuant to section 4(1)(a) of the
        Hawker Regulation ( Cap 132 sub. leg.);

   (b)  sell or offer or expose for sale, or possess for sale any of the foods
        specified in items 6, 7, 8 and 15 of Schedule 2 unless such food is
        contained in an unopened hermetically sealed container; or

   (c)  possess for use in the preparation of any article of food for sale any
        of the foods specified in items 6, 7, 8 and 15 of Schedule 2 unless
        such food is, until the time it is about to be so used, contained in
        an unopened hermetically sealed container. (L.N. 125 of 1970)

(1A) Save with the permission in writing of the Director, no person shall
sell, or offer or expose for sale, or possess for sale a fresh, chilled or
frozen water bird carcass-

   (a)  at premises where there are live poultry, unless the water bird
        carcass-

        (i)    is a dressed water bird carcass; and

        (ii)   is packed separately in a container closed in a manner that
               ensures that the carcass is securely contained within it; and

   (b)  at any other premises, unless the water bird carcass-

        (i)    is a dressed water bird carcass; and

        (ii)   is packed separately or only with one or more other water bird
               carcasses in a container. (L.N. 220 of 2001)

(1B) Subsection (1A)(a) does not apply in relation to the sale, or offer or
exposure for sale, or possession for sale of any water bird carcass at the
Western Wholesale Food Market. (L.N. 220 of 2001)

(1C) Save with the permission in writing of the Director, no person shall
deliver or cause to be delivered-

   (a)  to premises where there are live poultry, or to any person at such
        premises, for the purpose of sale, a fresh, chilled or frozen water 
        bird carcass, unless the water bird carcass-

        (i)    is a dressed water bird carcass; and

        (ii)   is packed separately in a container closed in a manner that
               ensures that the carcass is securely contained within it; and

   (b)  to any other premises, or to any person at such premises, for the
        purpose of sale, a fresh, chilled or frozen water bird carcass, unless
        the water bird carcass-

        (i)    is a dressed water bird carcass; and

        (ii)   is packed separately or only with one or more other water bird
               carcasses in a container closed in a manner that ensures that
               the carcass or carcasses is or are securely contained within
               it. (L.N. 220 of 2001)

(1D) Subsection (1C)(a) does not apply in relation to the delivery of any
water bird carcass within the Western Wholesale Food Market. (L.N. 220 of
2001)

(1E) Save with the permission in writing of the Director, no person shall
sell, or offer or expose for sale, or possess for sale-

   (a)  at premises where there are live poultry any fresh, chilled or frozen
        offal removed from a water bird, unless the offal is packed,
        separately or only with the offal removed from the same or any other
        water  bird, in an unopened hermetically sealed container; and

   (b)  at any other premises any fresh, chilled or frozen offal removed from
        a water bird, unless the offal is packed, separately or only with the
        offal removed from the same or any other water bird, in a container.
        (L.N. 220 of 2001)

(1F) Subsection (1E)(a) does not apply in relation to the sale, or offer or
exposure for sale, or possession for sale of any offal of a water  bird at the
Western Wholesale Food Market. (L.N. 220 of 2001)

(1G) Save with the permission in writing of the Director, no person shall
deliver or cause to be delivered-

   (a)  to premises where there are live poultry, or to any person at such
        premises, for the purpose of sale, any fresh, chilled or frozen offal
        removed from a water bird, unless the offal is packed, separately or
        only with the offal removed from the same or any other water bird, in
        an unopened hermetically sealed container; and

   (b)  to any other premises, or to any person at such premises, for the
        purpose of sale, any fresh, chilled or frozen offal removed from a
        water bird, unless the offal is packed, separately or only with the
        offal removed from the same or any other water bird, in a container.
        (L.N. 220 of 2001)

(1H) Subsection (1G)(a) does not apply in relation to the delivery of any
offal of a water bird within the Western Wholesale Food Market. (L.N. 220 of
2001)

(2) Every permission granted under subsection (1), (1A), (1C), (1E) or (1G)
shall- (L.N. 220 of 2001)

   (a)  if granted to an applicant who is already in possession of a valid
        licence granted by the Director under any of the following
        Regulations, namely-

        (i)    this Regulation,

        (ii)   the Milk Regulation ( Cap 132 sub. leg.),

        (iii)  the Frozen Confections Regulation ( Cap 132 sub. leg.),

        (iv)   the Hawker Regulation ( Cap 132 sub. leg.), be granted free of
               charge and shall be valid for so long as the licence is valid;

   (b)  if granted to an applicant who is the lessee of a market stall leased
        to him-

        (i)    by the Director under the provisions of the Public Markets 
               Regulation ( Cap 132 sub. leg.), or

        (ii)   by the owner, within the meaning of the Private Markets 
               Regulation ( Cap 132 sub. leg.), of a private market under the
               provisions of that Regulation, be granted free of charge and
               shall be valid for the duration of the lease; and

   (c)  if granted to an applicant to whom neither paragraph (a) nor paragraph
        (b) applies, be valid for a period of 12 months from and including the
        date on which such permission is granted and shall be granted subject
        to the payment in advance to the Director of the prescribed fee. (L.N.
        495 of 1993; L.N. 85 of 1995)

(3) Where the Director is satisfied that any permission granted under this
section has been lost, destroyed or accidentally defaced, the Director may,
upon payment of the prescribed fee, issue a duplicate thereof. (L.N. 209 of
1983; L.N. 33 of 1987; L.N. 63 of 1988; L.N. 54 of 1991; L.N. 54 of 1992; L.N.
59 of 1993; L.N. 142 of 1994; L.N. 85 of 1995)

(4) For the avoidance of doubt, nothing in this section shall be construed to
exempt any person from complying with any other licensing requirements
prescribed by this or any other Regulation.

(5) The Director may, by notice in the Gazette, exempt from all or any of the
prohibitions in subsection (1), (1A), (1C), (1E) or (1G), either generally or
in any particular case, the following persons or any such person or class of
such persons- (L.N. 220 of 2001)

   (a)  any person who holds a licence granted under subsection (1) of
        section 31 or who is exempt from the prohibition in that subsection
        pursuant to a notice under subsection (7) of the said section;

   (b)  any person who holds a licence granted under the Milk  Regulation (
        Cap 132 sub. leg. AQ) or the Frozen Confections Regulation ( Cap 132
        sub. leg. AC) or a specified kind of licence granted under the
        Hawker Regulation ( Cap 132 sub. leg. AI);

   (c)  any person who is a lessee of a market stall referred to in subsection
        (2)(b). (L.N. 181 of 1978)

(6) An exemption granted under subsection (5) may be amended or revoked at any
time by the Director by notice in the Gazette. (L.N. 181 of 1978)

(7) For the purposes of this section, "dressed water bird carcass"
(經處理的水禽屠體) means a water bird carcass from which the
alimentary tract, liver and feathers have been removed. (L.N. 220 of 2001)

(10 of 1986 s. 32(2); 78 of 1999 s. 7)

"dressed water bird carcass" (經處理的水禽屠體)