PRESERVATIVES IN FOOD REGULATION - CHAPTER 132BD PRESERVATIVES IN FOOD REGULATION - LONG TITLE Empowering section VerDate:01/07/2008 PRESERVATIVES IN FOOD REGULATION (L.N. 85 of 2008) (Cap 132, sections 55 and 143) [2 February 1973] (L.N. 20 of 1973) PRESERVATIVES IN FOOD REGULATION - SECT 1 (Repealed L.N. 85 of 2008) VerDate:01/07/2008 PRESERVATIVES IN FOOD REGULATION - SECT 2 Interpretation VerDate:01/07/2008 (1) In this Regulation unless the context otherwise requires- (L.N. 85 of 2008) "air transhipment cargo" (航空轉運貨物) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (29 of 2000 s. 5) "air transit cargo" (航空過境貨物) means any article in transit that is both imported and consigned for export in an aircraft; (29 of 2000 s. 5) "alternative form" (替代物), in relation to a permitted food additive set out in column 1 of Schedule 1A, means a substance specified in relation to that food additive in column 2 of that Schedule; (L.N. 85 of 2008) "antioxidant" (抗氧化劑) means any substance that protects food against deterioration caused by oxidation (including fat rancidity and colour changes) but does not include- (a) lecithin; (b) ascorbic acid or salts or esters of ascorbic acid; (c) tocopherols; (d) erythorbic acid, citric acid, tartaric acid, phosphoric acid, lactic acid or the calcium, potassium or sodium salts of any such acid; (e) calcium, potassium or sodium salts of gluconic acid; (f) acetic and fatty acid esters of glycerol, lactic and fatty acid esters of glycerol or citric and fatty acid esters of glycerol; or (g) glucose oxidase derived from Aspergillus niger var.; (L.N. 85 of 2008) "article in transit" (過境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (29 of 2000 s. 5) "canned food" (罐頭食物) means food in a hermetically sealed container which has been sufficiently heat processed to destroy any Clostridium Botulinum in that food or container or which has a pH of less than 4.5; "cargo transhipment area of Hong Kong International Airport" (機場貨物轉運區) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (29 of 2000 s. 5) "catering business" (飲食供應業) includes the business or undertaking of an inn, public house, hotel, restaurant, cafe, tea-shop, buffet, coffee-stall or any place of refreshment open to the public, or of a club, boarding house, apartment house, refreshment contractor, school feeding centre, staff dining room or canteen; "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 2008) "compounded food" (合成食物) means food containing 2 or more ingredients; "container" (容器) includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band; "deterioration" (變壞) in relation to food, means deterioration due to the action of bacteria, yeasts or moulds; "food additive" (食物添加劑) means a preservative or an antioxidant; (L.N. 85 of 2008) "GMP" (優良製造規範) means good manufacturing practice, which includes a manufacturing practice that complies with the following- (a) the quantity of the food additive added to the food is limited to the lowest possible level necessary to accomplish the desired effect of adding it; (b) the quantity of the food additive that becomes a component of the food as a result of its use in the manufacturing, processing or packaging of a food and that is not intended to accomplish any physical or other technical effect in the food itself, is reduced to a reasonably possible extent; and (c) the food additive is prepared and handled in the same way as a food ingredient; (L.N. 85 of 2008) "importer" (進口商) includes any person who, whether as owner, consignee, agent or broker, is in possession of or entitled to the custody or control of any article of food brought from a place outside Hong Kong; (10 of 1986 s. 32(2)) "INS" (國際編碼系統) means the system known as the International Numbering System for Food Additives that was adopted by the Codex Alimentarius Commission for identifying food additives in the list of ingredients of any pre-packaged food; (L.N. 85 of 2008) "maximum permitted level" (最高准許含量), in relation to a permitted food additive set out in column 2 of Schedule 1, means the proportion specified in relation to that food additive in column 3 of that Schedule; (L.N. 85 of 2008) "permitted antioxidant" (准許抗氧化劑) means a substance specified in column 2 of Schedule 1 that functions primarily as an antioxidant; (L.N. 85 of 2008) "permitted colouring matter" (准許染色料) means any colouring matter inasmuch as its use is permitted by the Colouring Matter in Food Regulations (Cap 132 sub. leg. H); "permitted food additive" (准許食物添加劑) means a food additive specified in column 2 of Schedule 1; (L.N. 85 of 2008) "permitted preservative" (准許防腐劑) means a substance specified in column 2 of Schedule 1 that functions primarily as a preservative; (L.N. 85 of 2008) "pre-packed" (預先包裝) means made up in advance ready for retail sale in or on a container; and on any premises where food of any description is so made up, or is kept or stored for sale after being so made up, any food of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved; "preparation" (配製) in relation to food, includes manufacture and any form of treatment; and "preparation for sale" (配製以供出售) includes packaging; "preservative" (防腐劑) means any substance which is capable of inhibiting, retarding or arresting the process of fermentation, acidification or other deterioration of food or of masking any of the evidence of putrefaction but does not include- (a) (Repealed L.N. 85 of 2008) (b) any permitted colouring matter; (c) common salt (sodium chloride); (d) lecithin, sugars or tocopherols; (e) nicotinic acid or its amide; (f) vinegar or acetic acid, lactic acid, ascorbic acid, citric acid, malic acid, phosphoric acid, polyphosphoric acid or tartaric acid or the calcium, potassium or sodium salts of any of the acids specified in this paragraph; (L.N. 85 of 2008) (g) glycerol, alcohol or potable spirits, isopropyl alcohol, propylene glycol, monoacetin, diacetin or triacetin; (h) herbs or hop extract; (i) spices or essential oils when used for flavouring purposes; (j) any substance added to food by the process of curing known as smoking; (k) carbon dioxide, nitrogen or hydrogen when used in the packing of food in hermetically sealed containers; (l) nitrous oxide when used in the making of whipped cream; or (L.N. 85 of 2008) (m) glucose oxidase derived from Aspergillus niger var.; (L.N. 85 of 2008) "relevant food" (有關食物), in relation to a scheduled food category, means food that constitutes or belongs to the scheduled food category; (L.N. 85 of 2008) "retail sale" (零售) and "sale by retail" mean respectively any sale to a person buying otherwise than for the purpose of re-sale, but does not include a sale to a caterer for the purposes of his catering business, or a sale to a manufacturer for the purposes of his manufacturing business; "scheduled food category" (附表所列食物分類) means a category or sub-category of food specified in column 1 of Schedule 1; (L.N. 85 of 2008) "sell" (售賣) includes offer or expose for sale or have in possession for sale; "storage" (貯存) in relation to food, means storage at, in or upon any farm, dock, vehicle, warehouse, fumigation chamber, cold store, or any barge or ship whilst, in either case, in the waters of Hong Kong. (L.N. 85 of 2008) (L.N. 85 of 2008) (2) For the purposes of this Regulation, percentages and parts per million shall be calculated by weight. (L.N. 85 of 2008) (3) (Repealed L.N. 85 of 2008) "air transhipment cargo" (航空轉運貨物) "air transit cargo" (航空過境貨物) "alternative form" (替代物) "antioxidant" (抗氧化劑) "article in transit" (過境物品) "canned food" (罐頭食物) "cargo transhipment area of Hong Kong International Airport" (機場貨物轉運區) "catering business" (飲食供應業) "Codex Alimentarius Commission" (食品法典委員會) "compounded food" (合成食物) "container" (容器) "deterioration" (變壞) "food additive" (食物添加劑) "GMP" (優良製造規範) "INS" (國際編碼系統) "importer" (進口商) "maximum permitted level" (最高准許含量) "permitted antioxidant" (准許抗氧化劑) "permitted colouring matter" (准許染色料) "permitted food additive" (准許食物添加劑) "permitted preservative" (准許防腐劑) "pre-packed" (預先包裝) "preparation" (配製) "preparation for sale" (配製以供出售) "preservative" (防腐劑) "relevant food" (有關食物) "retail sale" (零售) "scheduled food category" (附表所列食物分類) "sell" (售賣) "storage" (貯存) PRESERVATIVES IN FOOD REGULATION - SECT 2A Use of alternative forms VerDate:01/07/2008 (1) An alternative form may be used in place of a permitted food additive set out in relation to it in column 1 of Schedule 1A but only as follows— (a) subject to paragraph (b), the alternative form may be used up to the maximum permitted level specified for the relevant permitted food additive subject to the alternative form being calculated in the form of the permitted food additive; (b) calcium disodium ethylene diamine tetraacetate, which is the alternative form of disodium ethylene diamine tetraacetate, must be calculated in the form of anhydrous calcium disodium ethylene diamine tetraacetate. (2) A reference to a permitted food additive in this Regulation is to be construed in accordance with subsection (1). (L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 3 Restrictions on sale etc. of food containing food additive VerDate:01/07/2008 (1) Subject to this section, a person shall not import, manufacture for sale or sell any article of food that contains a food additive. (2) Any relevant food may contain the permitted food additive specified in relation to its scheduled food category but in a proportion that does not exceed the maximum permitted level. (3) Subject to subsection (4), any relevant food or any food intended for use in the preparation of a relevant food may— (a) on importation on a sale that is not a retail sale; or (b) on consignment or delivery pursuant to a sale that is not a retail sale, contain, in any proportion, a permitted preservative that is specified for the scheduled food category of the relevant food. (4) Subsection (3)— (a) applies only if the seller has given to the importer on or before importation or to the buyer on or before sale a document, in the form specified in Schedule 2, that accurately states the description and the maximum quantity of the preservatives present in the food; and (b) does not apply to pre-packed food, or fruit or fruit pulp that contains sulphur dioxide and is intended for manufacturing purposes. (5) Where 2 or more permitted food additives are specified in relation to a scheduled food category, any relevant food of that food category may contain an admixture of those food additives— (a) if each such food additive does not exceed the maximum permitted level; or (b) if a note referred to in column 4 of Schedule 1 opposite to that scheduled food category specifies a different condition, that condition is complied with instead of paragraph (a). (6) Any food may contain, in a proportion that does not exceed 5 parts per million, formaldehyde derived from— (a) any wet strength wrapping containing any resin based on formaldehyde; or (b) any plastic food container or utensil manufactured from any resin of which formaldehyde is a condensing component. (7) The skin, but not the flesh, of a banana may contain nystatin. (8) Any canned food may contain nisin, and any food may contain nisin introduced in the preparation of that food by the use of canned food containing nisin. (9) Any compounded food may contain any permitted food additive introduced in the preparation of that food by the use of any relevant food (other than fruit or fruit pulp intended for manufacturing purposes or any unfermented grape juice product intended for sacramental use), if— (a) that permitted food additive is specified in Schedule 1 for the scheduled food category of the relevant food used in the compounded food; and (b) the proportion of the permitted food additive present in the compounded food does not exceed, in relation to the quantity of the relevant food used, the maximum permitted level. (10) Subsection (1) does not apply to an article of food containing any food additive that is naturally present in that food. (L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 4 Food containing antioxidant not to be recommended for babies and young children VerDate:01/07/2008 No person shall- (a) give with any food sold by him or display with any food for sale any label, whether attached to or printed on the container of that food or not; or (b) publish, or be a party to the publication of any advertisement for any food; or (c) use on, or in connexion with, the sale of food any description, which bears or includes any words or description stating directly or by implication that the food is intended mainly for babies and young children, if the food to which the label, advertisement or description relates has in it or on it any added antioxidant. [cf. S.I. 1966/1500 r. 7 U.K.] PRESERVATIVES IN FOOD REGULATION - SECT 5 Sale, labelling and advertisement of preservatives and antioxidants VerDate:01/07/2008 (1) No person shall sell any substance which is recommended in any mark or label placed on its container for use as a preservative or antioxidant in food unless that container bears a label in accordance with the provisions of Schedule 2. (2) Where in accordance with the provisions of subsection (1) a container is required to bear such a label and such container is wrapped in paper or any other wrapper through which the label on the container is not clearly readable the outermost wrapper shall on any exposure or offer for sale by retail bear a label as if it were the container or receptacle to which subsection (1) applies. (3) No person shall sell or advertise for sale with a view to its use in the preparation of food- (a) any food additive other than a permitted food additive; (L.N. 85 of 2008) (b) (Repealed L.N. 85 of 2008) (c) any permitted food additive in such a manner as to be likely to lead to its use contrary to this Regulation. (L.N. 85 of 2008) [cf. S.I. 1962/1532 r. 6 U.K.] PRESERVATIVES IN FOOD REGULATION - SECT 6 Labelling of food containing a preservative or antioxidant VerDate:01/07/2008 (1) Subject to the provisions of this section, no person shall sell, consign or deliver any relevant food mentioned in section 1 of Schedule 2 which contains a permitted preservative or permitted antioxidant specified in relation to the scheduled food category of that food except in a container bearing a label in accordance with the provisions of Schedule 2 unless, in the case of a retail sale, a notice written in English and Chinese languages to the effect that the food contains preservative or antioxidant is exhibited in a conspicuous place so as to be easily readable by a customer. (2) Where in accordance with subsection (1) a container is required to bear such a label and such container is wrapped in paper or any other wrapper through which the label on the container is not clearly readable the outermost wrapper shall on any exposure or offer for sale by retail bear a label as if it were the container to which the subsection applies. (3) Nothing in this section shall apply as respects any sale of any relevant food for immediate consumption on or at the premises of the seller or in or at any stall or mobile refreshment vehicle. (L.N. 85 of 2008) [cf. S.I. 1962/1532 r. 5 U.K.] PRESERVATIVES IN FOOD REGULATION - SECT 7 Regulation not to apply to food etc. for re-export* VerDate:01/07/2008 The provisions of this Regulation which prohibit any preservative or antioxidant in articles of food and which require the labelling of certain articles of food and of articles sold as preservatives or antioxidants shall not apply in the case of any article which has been imported into Hong Kong for the purpose of re-export or manufactured in Hong Kong solely for the purpose of export. (10 of 1986 s. 32(2); L.N. 85 of 2008) ___________________________________________________________________________ ______________ Note: * (Amended L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 7A Application to air transit or air transhipment cargo VerDate:01/07/2008 (1) Section 3 does not apply in relation to the import of an article of food referred to in that section that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such article of food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 3- (L.N. 85 of 2008) (a) the article of food is deemed to be imported at the time of such removal; and (b) the person who brought the article of food, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the article of food at the time of its removal, and, except to that extent, that section has effect as if this subsection had not been enacted. (2) In proceedings against a person for an offence under section 9, being proceedings- (L.N. 85 of 2008) (a) in relation to the import of an article of food referred to in section 3 that is air transit cargo or air transhipment cargo; and (b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the article of food was removed from the cargo transhipment area of Hong Kong International Airport, it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring. (3) Where in any proceedings the defence provided by subsection (2) involves an allegation that the commission of the offence was due to- (L.N. 85 of 2008) (a) the act or default of another person; or (b) reliance on information given by another person, the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of- (i) the person who committed the act or default or gave the information; and (ii) the act, default or information, of which he is aware at the time he serves the notice. (4) A person is not entitled to rely on the defence provided by subsection (2) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to- (L.N. 85 of 2008) (a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and (b) whether he had any reason to disbelieve the information. (29 of 2000 s. 5; L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 8 Defences VerDate:01/07/2008 (1) In any proceedings for an offence against this Regulation 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. [cf. S.I. 1962/1532 r. 8(4) U.K.] (2) In any proceedings against the manufacturer or importer for an offence against this Regulation in relation to the publication of an advertisement it shall rest on the defendant to prove that he did not publish and was not a party to the publication of the advertisement. [cf. S.I. 1966/1500 r. 10(2) U.K.] (3) In any proceedings for an offence against section 3 it shall be a defence for the defendant to prove that the presence in any food of any preservative other than a permitted preservative or the presence of a permitted preservative in any food other than a relevant food, is solely due to the use of that preservative in food storage- (L.N. 85 of 2008) (a) as an acaricide, fungicide, insecticide, or rodenticide, for the protection, in each case, of food whilst in storage; or (b) as a sprout inhibitor or depressant, otherwise than in a place where food is packed for retail sale. [cf. S.I. 1962/1532 r. 8(5) U.K.] (L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 9 Offences and penalties VerDate:01/07/2008 Any person who contravenes any of the provisions of section 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 6 months. (L.N. 114 of 1984; L.N. 334 of 1987; L.N. 177 of 1996; L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 10 Name in which proceedings for offences may be brought VerDate:01/07/2008 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director of Food and Environmental Hygiene. (L.N. 362 of 1997; 78 of 1999 s. 7; L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SECT 10A Transitional: Continued application of repealed provisions during transitional period VerDate:01/07/2008 (1) During the transitional period, a person who imports, manufactures for sale or sells any article of food that contains a preservative or an antioxidant (as defined in the Amended Regulation) does not contravene section 3 if the importation, manufacture for sale or sale would not have contravened any provision of regulation 3 of the former Regulations. (2) During the transitional period, a person does not contravene section 4 if the antioxidant (as defined in the Amended Regulation) that the food to which the label, advertisement or description relates has in it or on it was not an antioxidant within the meaning of the former Regulations. (3) During the transitional period, a person does not contravene section 5(1) if the substance that— (a) is sold by the person; and (b) is recommended for use as a preservative or an antioxidant in food (as defined in the Amended Regulation), was not a preservative or an antioxidant within the meaning of the former Regulations. (4) During the transitional period, a person who sells or advertises for sale, a preservative or an antioxidant (as defined in the Amended Regulation), with a view to its use in the preparation of food, does not contravene section 5(3) if the sale or advertisement would not have contravened regulation 5(3) of the former Regulations. (5) During the transitional period, if any food sold, consigned or delivered by a person contains an added preservative or antioxidant that was specified as permissible in the case of such food in the First Schedule of the former Regulations, the person does not contravene section 6 if the food is sold, consigned or delivered in accordance with regulation 6 of the former Regulations. (6) To avoid doubt it is stated that the provisions of the former Regulations that are necessary to give effect to this section continue to apply to the extent necessary, despite their repeal or amendment by the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008). (7) To avoid doubt it is stated that this section (the purpose of which is to enable the continued application of the former Regulations as an alternative to the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008)) does not limit or prejudice the application of the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008). (8) In this section— “Amended Regulation” (經修訂規例) means the former Regulations as amended by the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008); “former Regulations” (舊有規例) means the Preservatives in Food Regulations (Cap 132 sub. leg. BD) as they were in force immediately before the commencement* of the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008); “transitional period” (過渡期) means the period beginning on 1 July 2008 and ending on 30 June 2010 (both dates inclusive). (L.N. 85 of 2008) ___________________________________________________________________________ ______________ Note: * Commencement date: 1 July 2008. “Amended Regulation” (經修訂規例) “former Regulations” (舊有規例) “transitional period” (過渡期) PRESERVATIVES IN FOOD REGULATION - SECT 11 Amendment of Schedule 1* VerDate:01/07/2008 The Director of Food and Environmental Hygiene may, by notice in the Gazette, amend the concentrations specified in column 3 of Schedule 1. (L.N. 114 of 1984; L.N. 67 of 1985; L.N. 85 of 1990; 78 of 1999 s. 7; L.N. 85 of 2008) ___________________________________________________________________________ ______________ Note: * (Amended L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SCHEDULE 1 VerDate:01/07/2008 [sections 2, 3 & 11 & Schedule 1A] (Schedule 1 replaced L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SCHEDULE 1A VerDate:01/07/2008 [sections 2 & 2A] Item Column 1 Permitted food additive (with INS no.) specified for it in Schedule 1 Column 2 Alternative form (with INS no.) in which the permitted food additive may be used (to be calculated as the permitted food additive shown in column 1) 1. Sorbic acid (200) Sodium sorbate (201) Potassium sorbate (202) Calcium sorbate (203) 2. Benzoic acid (210) Sodium benzoate (211) Potassium benzoate (212) Calcium benzoate (213) 3. Ethyl para-hydroxybenzoate (214) Sodium ethyl para-hydroxybenzoate (215) 4. Methyl para-hydroxybenzoate (218) Sodium methyl para-hydroxybenzoate (219) 5. Sulphur dioxide (220) Sodium sulphite (221) Sodium hydrogen sulphite (222) Sodium metabisulphite (223) Potassium metabisulphite (224) Potassium sulphite (225) Calcium sulphite (226) Calcium hydrogen sulphite (227) Potassium bisulphite (228) Sodium thiosulphate (539) Sulphurous acid 6. Ortho-phenylphenol (231) Sodium ortho-phenylphenol (232) 7. Sodium nitrite (250) Potassium nitrite (249) 8. Sodium nitrate (251) Potassium nitrate (252) 9. Propionic acid (280) Sodium propionate (281) Calcium propionate (282) Potassium propionate (283) 10. Disodium ethylene diamine tetraacetate (386) Calcium disodium ethylene diamine tetraacetate (385) 11. Thiodipropionic acid (388) Dilauryl thiodipropionate (389) (Schedule 1A added L.N. 85 of 2008) PRESERVATIVES IN FOOD REGULATION - SCHEDULE 2 LABELLING OF ARTICLES OF FOOD CONTAINING PRESERVATIVE OR ANTIOXIDANT LABELLING OF PRESERVATIVES OR ANTIOXIDANTS AND STATEMENTS ABOUT ARTICLES OF FOOD CONTAINING EXCESS AMOUNTS OF PERMITTED PRESERVATIVES VerDate:01/07/2008 [sections 3, 5 & 6] (L.N. 85 of 2008) 1. The food (being relevant food) containing preservatives to which the rules as to labelling set out in this Schedule apply are sausages, sausage meat, liquid coffee extract, liquid tea extract, pickles and sauces, and (where the proportion of benzoic acid exceeds 800 parts per million) unfermented grape juice products intended for sacramental use and any food containing antioxidant. (L.N. 85 of 2008) 2. (1) Each container to which section 6 relates shall bear a label on which is printed clearly and conspicuously a true statement in the form of the following declaration- (L.N. 85 of 2008) (X) CONTAIN(S) PRESERVATIVE(S) (2) The declaration shall be completed by inserting at (X) the words "This" or "These" followed by the common or usual name of the food as specified in section 1 of this Schedule. (3) In the case of any unfermented grape juice product intended for sacramental use to which this Regulation applies the words "and is not intended for use as a beverage" shall be added to the declaration. (L.N. 85 of 2008) 3. Where any of the said article of food contains antioxidant it shall bear a label on which is printed in relation to every added antioxidant contained therein- (a) an accurate description of such antioxidant; and (b) the maximum amount of such antioxidant, expressed as parts per million (estimated by weight). 4. (1) The statement to which section 3(3) and (4) relates shall be printed clearly and conspicuously in the form of the following declaration- (L.N. 85 of 2008) (X) CONTAINS NOT MORE THAN (Y) PER CENT OF (Z) (Y) PER CENT OF (Z) AND IS/ARE NOT FOR RETAIL SALE (2) The declaration shall be completed by inserting at (X) the word "This" or "These" followed by the common or usual name of the food, at (Y) in words and figures (for example, "seventy (70)"), the maximum percentage by weight, correct to the nearest whole digit, of each and every preservative present in the food and at (Z) a correct description of the preservative to which such percentage relates: Provided that in any such declaration the words "parts per million" may be substituted for "per cent" and in any such case, the words and figures to be inserted at (Y) shall be the number of parts per million by weight of each and every preservative present in the food. 5. (1) Each container to which section 5(1) relates shall bear a label on which is printed clearly and conspicuously a true statement in the form of the following declaration- (L.N. 85 of 2008) THIS PRESERVATIVE CONTAINS (X) PER CENT OF (Y) (X) PER CENT OF (Y) (2) The declaration shall be completed by inserting at (X) in words and figures, (for example, "seventy (70)"), the percentage by weight, correct to the nearest whole digit, of each and every preservative present in the substance in the container and at (Y) a correct description of the preservative to which such percentage relates: Provided that in any such declaration the words "parts per million" may be substituted for "per cent" and in any such case the words and figures to be inserted at (X) shall be the number of parts per million by weight of each and every preservative present in the substance in the container. 6. (1) In the case of antioxidants, every container to which section 5(1) relates shall bear a label on which is printed a true statement in the form of the following declaration- (L.N. 85 of 2008) This antioxidant contains (X) (Y) (2) There shall be inserted at (X) in every such declaration a true statement of the percentage, or the number of parts per million, by weight in figures, excluding fractions, correct to the nearest whole digit, or in words and figures excluding fractions, correct to the nearest whole digit, of each and every antioxidant present in the preparation in the container and a correct description of each antioxidant to which such statement relates. There shall be inserted at (Y) a correct description of any other substance present in the preparation in the container and where more than one such substance is present such substances shall be declared in the order of the proportion in which they were present at the time of sale by the manufacturer, the substance present in the greatest proportion by weight being specified first. 7. Each declaration prescribed in this Schedule shall be printed distinctly and legibly in dark type on a light-coloured ground or in a light type on a dark-coloured ground, the type being not less than 3 mm in height, within a surrounding line and no other matter shall be printed within such surrounding line. The words and figures in such declaration shall be of uniform size and colour and the ground within the said surrounding line shall be of uniform colour, provided that the initial letter in any such word may be larger than the other letters in that word. (L.N. 89 of 1979) 8. The label required in this Schedule shall be securely affixed to or be part of the wrapper or container and in any case shall be so placed as to be clearly visible and shall be either part of any main label or a separate label placed in close proximity thereto, provided that if the article bears a label containing the name, trade mark, or a design representing the brand, of the article or the name and address of the manufacturer or dealer, the prescribed declaration shall be printed as part of such label. 9. The declarations prescribed in this Schedule shall also be printed in easily readable Chinese characters where either- (a) the wrappers or containers contain articles which have been manufactured, processed or packed in Hong Kong; or (b) the wrappers or containers contain articles of food imported into Hong Kong for sale therein and bear labels or markings with writing in Chinese characters. 10. No comment on or explanation of the prescribed declaration (other than any direction as to use in the case of a preservative or antioxidant) shall be placed on the label or on wrapper or container.