| (Cap 132, section 55(1)) [27 May 1983] (L.N. 174 of 1983) Cap 132AF reg 1 Citation and commencement (1) These regulations may be cited as the Harmful Substances in Food Regulations. (2) Regulation 3 insofar as it applies to item 2 in the First Schedule came into effect on 1 January 1985. Cap 132AF reg 2 Interpretation In these regulations, unless the context otherwise requires- "air transhipment cargo" (航空转运货物) 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" (航空过境货物) means any article in transit that is both imported and consigned for export in an aircraft; (29 of 2000 s. 5) "article in transit" (过境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (29 of 2000 s. 5) "cargo transhipment area of Hong Kong International Airport" (机场货物转运区) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (29 of 2000 s. 5) "fatty acid" (脂肪酸) means any carboxylic acid obtained by the hydrolysis of oil or fat, and includes any such acid existing in a free state in oil or fat; "fish" (鱼) does not include live fish other than shell fish; (L.N. 173 of 1986) "food animal" (食用动物) means an animal or bird commonly kept for the purpose of providing food for human consumption; (L.N. 148 of 2001) "meat" (肉类) means the flesh or other edible part (including blood) of- (L.N. 148 of 2001) (a) any animal; or (b) any bird,intended for human consumption; (L.N. 173 of 1986) "oil or fat" (油或脂肪) means oil or fat derived from any animal, bird, fish or plant but does not include any essential oil; "peanut" (花生) means groundnut or the seed of Arachis hypogaea L; "peanut products" (花生产品) includes oil of peanut or any product containing peanut as its ingredient; "sell" (售卖) includes offer, or expose for sale or have in possession for sale. (L.N. 67 of 1985; L.N. 331 of 1987; L.N. 148 of 2001) Cap 132AF reg 3 Prohibition of import and sale of food containing certain substances in excessive concentrations No person shall import, consign, deliver, manufacture or sell, for human consumption, any food of a description specified in Column D of the First Schedule which contains any substance specified opposite thereto in Column B, or the description of such substance in Column C, in greater concentration than is specified opposite thereto in Column E. (L.N. 148 of 2001) Cap 132AF reg 3A Prohibition of import and sale of fish, meat or milk containing prohibited substances No person shall import, sell or consign or deliver for sale for human consumption, any fish, meat or milk which contains any substance specified in the Second Schedule. (L.N. 148 of 2001; L.N. 230 of 2001) Cap 132AF reg 3B Application to air transit or air transhipment cargo (1) Regulation 3 does not apply in relation to the import of any food referred to in that regulation 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 food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3- (a) the food is deemed to be imported at the time of such removal; and (b) the person who brought the 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 food at the time of its removal,and, except to that extent, that regulation has effect as if this paragraph had not been enacted. (2) In proceedings against a person for an offence under regulation 5, being proceedings- (a) in relation to the import of any food referred to in regulation 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 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 paragraph (2) involves an allegation that the commission of the offence was due to- (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 paragraph (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- |
