Hong Kong Regulations

FOOD BUSINESS REGULATION - SECT 31

Licensing of food business

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

PART IV

LICENSING OF CERTAIN FOOD BUSINESSES

(1) Subject to section 33C, except under and in accordance with a licence
granted by the Director under this Regulation, no person shall carry on or
cause, permit or suffer to be carried on any of the following food businesses-
(L.N. 212 of 1973; L.N. 493 of 1995)

   (a)  any food factory, not being a milk factory or a frozen 
        confection factory; or

   (b)  any restaurant; or

   (ba) any factory canteen; or (L.N. 175 of 1980)

   (c)  any siu mei or lo mei shop; or

   (d)  any fresh provision shop; or

   (e)  any cold store. (L.N. 125 of 1970)

(2) For the purposes of this Regulation, the expression- (L.N. 493 of 1995)

"cold store" (凍房) means any warehouse in which articles of food are stored
under refrigeration; (L.N. 125 of 1970)

"factory" (工廠) has the meaning assigned to it by section 2(1) of the
Factories and Industrial Undertakings Ordinance ( Cap 59); (L.N. 175 of 1980)

"factory building" (工廠大廈) means any building which contains one or
more factories; (L.N. 175 of 1980)

"factory canteen" (工廠食堂) means any food business in a factory building
which involves the sale or supply of meals or unbottled non-alcoholic drinks
other than Chinese herb tea for consumption on the premises by persons
employed in any factory in that factory building, but does not include a
restaurant or any business carried on by a hawker who is the holder of a
licence under the Hawker Regulation ( Cap 132 sub. leg. AI); (L.N. 175 of
1980; 78 of 1999 s. 7)

"food factory" (食物製造廠) means any food business which involves the
manufacture or preparation of food for sale for human consumption off the
premises, but does not include a frozen confection factory, a milk factory or
any business carried on by a hawker who is the holder of a licence under the
Hawker Regulation ( Cap 132 sub. leg. AI); (L.N. 125 of 1970; 78 of 1999 s. 7)

"fresh provision shop" (新鮮糧食店) means any food business which
involves the sale of fresh, chilled or frozen beef, mutton, pork, reptiles
(including live reptiles), fish (including live fish) or poultry (including
live poultry), but does not include a restaurant, factory canteen, market
stall or any business carried on by a hawker who is the holder of a licence
under the Hawker Regulation ( Cap 132 sub. leg. AI); (L.N. 125 of 1970; L.N.
212 of 1973; L.N. 152 of 1976; L.N. 175 of 1980; 78 of 1999 s. 7; L.N. 220 of
2001)

"frozen confection factory" (冰凍甜點製造廠) means any food business
which involves, within the meaning of the Frozen Confections Regulation (
Cap 132 sub. leg. AC), the manufacture of any frozen confection; (78 of 1999
s. 7)

"full licence" (正式牌照) means a licence other than a provisional licence
or a temporary licence; (L.N. 493 of 1995)

"licensee" (持牌人) means a person to whom a full licence, a provisional 
licence or a temporary licence has been granted under this Regulation; (L.N.
493 of 1995; 78 of 1999 s. 7)

"milk factory" (奶品廠) means any food business which involves, within the
meaning of the Milk Regulation ( Cap 132 sub. leg. AQ), the processing or
reconstitution of milk or any milk beverage; (L.N. 216 of 1977; 78 of 1999 s.
7)

"provisional licence" (暫准牌照) means a licence granted under
section 33C; (L.N. 493 of 1995; 78 of 1999 s. 7)

"restaurant" (食肆) means any food business which involves the sale of meals
or unbottled non-alcoholic drinks other than Chinese herb tea, for consumption
on the premises, but does not include a factory canteen or any business
carried on by a hawker who is the holder of a licence under the
Hawker Regulation ( Cap 132 sub. leg. AI); (L.N. 125 of 1970; L.N. 175 of
1980; 78 of 1999 s. 7)

"siu mei and lo mei shop" (燒味及鹵味店) means any food business which
involves the sale by retail of siu mei or lo mei, but does not include a
restaurant, factory canteen or any business carried on by a hawker who is the
holder of a licence under the Hawker Regulation ( Cap 132 sub. leg. AI );
(L.N. 125 of 1970; L.N. 175 of 1980; 78 of 1999 s. 7)

"temporary licence" (臨時牌照) means a licence granted under proviso (b)
to section 31(5). (L.N. 493 of 1995; 78 of 1999 s. 7)

(3) Without prejudice to anything contained in the Ordinance relating to
licences, any licence granted under this section may be subject to any or all
of the following conditions-

   (a)  a condition prohibiting or restricting the carrying on at or from the
        food premises to which such licence relates of any particular kind of
        food business;

   (b)  a condition prohibiting or restricting the carrying on at or from the
        food premises to which such licence relates of any kind of business
        other than that specified in the licence;

   (c)  a condition prohibiting or restricting the sale to customers at or
        from the food premises to which such licence relates of any food or
        drink or any class of food or drink other than such food or drink or
        class of food or drink as may be specified in the licence. (L.N. 125
        of 1970)

(4) A full licence shall be valid for a period of 12 months from and including
the date of its issue. (L.N. 493 of 1995)

(5) The grant or renewal of a full licence shall be subject to the payment in
advance to the Director of the prescribed fee for the class of licence issued:
(L.N. 493 of 1995) Provided-

   (a)  (Repealed L.N. 495 of 1993)

   (b)  that a temporary licence for any period not exceeding 7 days may be
        granted upon payment of the prescribed fee. (L.N. 209 of 1983; L.N. 33
        of 1987; L.N. 63 of 1988; L.N. 97 of 1989; L.N. 74 of 1990; 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)

(6) Where the Director is satisfied that any licence granted under this
Regulation is 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. 97 of 1989; L.N. 74 of 1990; 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)

(7) The Director may, by notice in the Gazette, exempt from the prohibition in
subsection (1), either generally or in any particular case, any person who
carries on any food business or class of food business mentioned in that
subsection. (L.N. 181 of 1978)

(8) An exemption granted under subsection (7) may be amended or revoked at any
time by the Director by notice in the Gazette. (L.N. 181 of 1978)

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

"cold store" (凍房)

"factory" (工廠)

"factory building" (工廠大廈)

"factory canteen" (工廠食堂)

"food factory" (食物製造廠)

"fresh provision shop" (新鮮糧食店)

"frozen confection factory" (冰凍甜點製造廠)

"full licence" (正式牌照)

"licensee" (持牌人)

"milk factory" (奶品廠)

"provisional licence" (暫准牌照)

"restaurant" (食肆)

"siu mei and lo mei shop" (燒味及鹵味店)

"temporary licence" (臨時牌照)