Press Releases
Government to amend law to protect food safety
The Government will gazette tomorrow (October 24) the Public Health and
Municipal Services (Amendment) Bill 2008, which proposes to empower the Director
of Food and Environmental Hygiene (DFEH) to make orders administratively to
prohibit the import and supply of problem food, and direct that food supplied be
recalled, to ensure food safety and protect public health.
A spokesman for the Food and Health Bureau said today (October 23): "The recent
incidents of detecting melamine in milk and dairy products have aroused public
concerns on food safety.
"Many people in the community hope the Government can speed up the introduction
of legislation to enhance control on the supply and recall of problem food.
"We agree that there is an urgency in the matter. We have therefore decided to
urgently amend the Public Health and Municipal Services Ordinance to provide the
Government with the necessary statutory power to make orders to deal with food
incidents in a timely and effective manner for the protection of public health."
Under the Public Health and Municipal Services (Amendment) Bill 2008, the DFEH
may make orders administratively if he has reasonable grounds to believe that
the making of the order is necessary to prevent any danger to public health.
The DFEH will take into consideration the following factors in deciding whether
to make the order -
* information or document provided by the food traders, if any, on the safety of
the food;
* results of food tests conducted by the Public Analyst, if available;
* results of food tests conducted by food safety authorities of other countries
or places;
* food alerts issued by food safety authorities of other countries or places;
* time required for conducting the food test;
* the exposure of the general public and/or particular vulnerable groups to the
food;
* consumption pattern relating to the food;
* statutory standard of the concerned substances in the food, if any;
* availability of information on the contamination of a particular batch or
consignment of the food;
* availability of information on the contamination of a particular food factory
or the whole region; and
* any other relevant considerations.
Given that more than 90% of the food in Hong Kong is imported, a prohibition of
import order is a highly effective and direct measure for stopping problem food
from entering the Hong Kong market.
Where the DFEH is aware that only the food products produced by a particular
overseas plant or only the food products of a particular batch to be imported
from overseas are problematic, the prohibition of import order will apply to
that particular plant or that particular batch of food.
Where the problem food has already entered Hong Kong or the food is locally
produced or manufactured, the DFEH will consider issuing a prohibition of supply
order. Food traders will no longer be allowed to put the food products concerned
on the market for the period specified in the order.
Food traders should recall their food in the manner specified in the order if
they receive a food recall order, including arranging a public recall
announcement and immediately notifying all known consumers of the recall and the
related arrangements.
The DFEH may also make an order to require the food traders to impound, isolate,
destroy or dispose of the problem food concerned in the manner specified in the
order.
Any person contravening an order will be subject to a fine of $100,000 and
imprisonment of 12 months.
A person bound by the DFEH's order may appeal to the Municipal Services Appeals
Board. If the Appeal Board varies or sets aside the order, and the court agrees
that the DFEH does not have reasonable grounds to make the order, the person may
apply to the court for compensation not exceeding the market value of the food
at the time of making the order.
The amendment bill will be introduced into the Legislative Council on November
5.
Ends/Thursday, October 23, 2008
Issued at HKT 17:09
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