| (Cap 132, section 55) [11 November 1960] G.N.A. 132 of 1960 (G.N.A. 72 of 1960) Cap 132H reg 1 Citation These regulations may be cited as the Colouring Matter in Food Regulations. Cap 132H 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) "Colour Index Number" (色素索引编号) means the identifying number used in the Colour Index compiled by the British Society of Dyers and Colourists and the American Association of Textile Chemists and Colourists; (L.N. 368 of 1993) "permitted colouring matter" (准许染色料) means any colouring matter specified in the First Schedule or any combination of more than one such colouring matter; "processed" (加工处理) includes curing by smoking and any treatment or process resulting in a substantial change in the natural state of any food, but does not include boning, paring, grinding, cutting, cleaning or trimming, and the word "unprocessed" (未经加工处理) shall be construed accordingly; "sell" (售卖) includes expose or offer for sale or have in possession for sale, and the word "sale" (出售) shall be construed accordingly; "vegetable" (蔬菜) includes pulses. Cap 132H reg 3 Restriction on use of colouring matter other than permitted colouring matter No food intended for sale for human consumption shall contain any added colouring matter which is not a permitted colouring matter, and no person shall sell, consign or deliver, or import into Hong Kong, any such food which does not comply with the provisions of this regulation. (10 of 1986 s. 32(2)) Cap 132H reg 4 Prohibition on the use of colouring matter in the case of certain commodities (1) No meat, game, poultry, fish, fruit or vegetable in a raw and unprocessed state which is intended for sale for human consumption shall have in or upon it, otherwise than for the purpose of marking, any added colouring matter: Provided that citrus fruit may have in or upon it added permitted colouring matter if- (a) the words "colour added" are marked on the skin of such fruit in permitted colouring matter; and (b) such words are distinctly and legibly printed and of such size as to be conspicuously visible. (2) No person shall sell, consign or deliver, or import into Hong Kong, any food referred to in paragraph (1) which does not comply with the provisions of that paragraph. (10 of 1986 s. 32(2)) Cap 132H reg 5 Restriction on sale or advertisement of colouring matter other than permitted colouring matter (1) No person shall sell or advertise for sale any colouring matter for use in food which is not a permitted colouring matter. (2) In any proceedings for an offence against paragraph (1) 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. (3) No person shall sell, consign or deliver for use in food any colouring matter or any colouring and flavouring compound except in a container bearing a label in accordance with the provisions of the Second Schedule. Cap 132H reg 5A Application to air transit or air transhipment cargo (1) Regulations 3 and 4(2) do not apply in relation to the import of any food referred to in those regulations 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 or 4(2), as the case may be- (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, those regulations have effect as if this paragraph had not been enacted. (2) In proceedings against a person for an offence under regulation 6, being proceedings- (a) in relation to the import of any food referred to in regulation 3 or 4(2) 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. |
