Replies to LegCo questions

LCQ11: Control quality of fish tank water

Following is a question by the Hon Lau Kong-wah and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (November 1):

Question:

It has been reported that some seafood sellers have allegedly used flushing sea water for keeping live seafood. In this connection, will the Government inform this Council:

(a) as the Food and Environmental Hygiene Department regularly takes water samples from fish tanks of seafood sellers for laboratory tests, whether this measure has been reviewed to see if there are any loopholes; and

(b) of the number of seafood sellers prosecuted in each of the past three years for keeping live seafood with water the quality of which failed to meet the legal standards?

Reply:

Madam President:

(a) Under section 10A of the Food Business Regulation (Cap 132 subsidiary legislation X), no person shall in the course of any food business keep any live fish or shell fish intended for human consumption in water of a quality below the standard specified by the Director of Food and Environmental Hygiene (DFEH) by notice published in the Gazette. The specified standard is "E. coli less than 610 per 100 ml and absence of pathogenic organisms". Anyone in breach of the provision is liable to a maximum fine of $10,000 and imprisonment of three months upon conviction.

At present, fish tank water samples are collected by the Food and Environmental Hygiene Department (FEHD) from all licensed food premises and market stalls selling live seafood intended for human consumption, including premises holding a live fish permit, for E. coli testing once every eight weeks. To alert the operators of the premises with deteriorating quality of fish tank water or failing disinfection system at an early stage so that remedial measures could be carried out in a timely manner, the action level is set at 180 per 100 ml. Upon receipt of any report exceeding this action level, the FEHD would inspect the premises concerned within three working days to give advice to the operators concerned regarding the proper repair and maintenance of the filtration and disinfection facilities for fish tank water. Thereafter, follow-up samples would be taken within one week for both E. coli and Vibrio cholerae testing. If the test results of the follow-up samples remain unsatisfactory, FEHD staff would continue to conduct site inspections and take water samples until the irregularities are rectified.

In addition to the above, a separate and additional sample will be taken from each premises for Vibrio cholerae testing between May and September every year. Should pathogenic Vibrio cholerae be found, DFEH may order closure of the premises on health hazard grounds under the authority conferred by section 128C of the Public Health and Municipal Services Ordinance (Cap.132).

According to the arrangement as set out above, the FEHD collects and tests fish tank water on a frequent basis. We consider this practice appropriate.

Moreover, for more effective control of the quality of fish tank water, we submitted a proposal to amend the Food Business Regulation to the LegCo Panel on Food Safety and Environmental Hygiene on April 15, 2005. The proposal sought to prohibit abstraction of seawater for the purpose of keeping live seafood for human consumption from waters where a consistently high level of E.coli was detected according to the data collected by the Environmental Protection Department on marine water quality. In July and August 2006, we conducted consultation sessions with the trade and members of District Councils and Area Committees on the proposal. The trade and the district representatives were generally supportive of the proposal. Our plan is to introduce the Amendment Regulation in 2007.

To encourage self-regulation of the trade, the voluntary Quality Seawater Assurance Scheme was launched in January 2006 by the Health, Welfare and Food Bureau for seawater suppliers and seafood traders. As at the end of September 2006, a total of about 120 premises were accredited. These accredited premises include seawater suppliers (i.e. the wholesale fish markets of the Fish Marketing Organisation at Aberdeen, Cheung Sha Wan and Kwun Tong) and seafood wholesalers/retailers such as supermarket chains, seafood restaurants and sales outlets.

(b) From 2004 to the end of September 2006, 40 prosecutions were taken out by FEHD against operators of the premises for keeping live seafood intended for human consumption in fish tank water which did not conform with statutory requirements. Of these, 31 prosecutions were instituted in 2004, five in 2005 and four in the first nine months of 2006.


Ends/Wednesday, November 1, 2006
Issued at HKT 13:28

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