| (L.N. 225 of 2003) (Cap 132, sections 55 and 143) [1 January 1970] (L.N. 183 of 1969) Cap 132U reg 1 Citation These regulations may be cited as the Sweeteners in Food Regulations. (L.N. 225 of 2003) Cap 132U 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) "carbohydrate" (碳水化合物) means a substance containing only carbon, hydrogen and oxygen, in which the hydrogen and oxygen occur in the same proportion as they do in water; "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) "sell" (售卖) includes expose or offer for sale or have in possession for sale; "sugar" (糖) means any soluble carbohydrate sweetening matter. "sweetener" (甜味剂) means any chemical compound which is sweet to the taste, but does not include any sugars or other carbohydrates or polyhydric alcohols; (L.N. 225 of 2003) Cap 132U reg 3 Restriction on sale and use of sweetners (1) No person shall sell, consign, deliver or import any sweetener for human consumption which is not specified in the Schedule. (2) No person shall sell, consign or deliver or import any food intended for human consumption containing any sweetener which is not specified in the Schedule. (L.N. 225 of 2003) Cap 132U reg 3A Application to air transit or air transhipment cargo (1) Regulation 3 does not apply in relation to the import of any sweetener or 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 sweetener or food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3- (a) the sweetener or food is deemed to be imported at the time of such removal; and (b) the person who brought the sweetener or 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 sweetener or 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 4, being proceedings- (a) in relation to the import of any sweetener or 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 sweetener or 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- (a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and (b) whether he had any reason to disbelieve the information. (29 of 2000 s. 5; L.N. 225 of 2003) Cap 132U reg 4 Offences and penalties Any person who contravenes any of the provisions of regulation 3 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 6 months. (L.N. 299 of 1983; L.N. 328 of 1987; L.N. 177 of 1996) Cap 132U reg 5 Name in which proceedings may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences, and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, a prosecution for an offence under these regulations may be brought in the name of the Director of Food and Environmental Hygiene. (L.N. 362 of 1997; 78 of 1999 s. 7) Cap 132U SCHEDULE [regulation 3] PERMITTED SWEETENERS 1. Acesulfame Potassium 2. Alitame 3. Aspartame 4. Aspartame-acesulfame Salt 5. Cyclamic Acid (and Sodium, Potassium, Calcium Salts) 6. Saccharin (and Sodium, Potassium, Calcium Salts) 7. Sucralose 8. Thaumatin (L.N. 225 of 2003) |
