Hong Kong Regulations

PRESERVATIVES IN FOOD REGULATION - SECT 2

Interpretation

(Past version on 19/12/2003).
(Past version on 26/05/2000).
(Past version on 30/06/1997).

(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)