Harmful substances in Food Regulations, Chapter 132AF (section 55(1)) of 1983 as amended in 1997

HARMFUL SUBSTANCES IN FOOD REGULATIONS CHAPTER 132AF LONG TITLE Empowering section VerDate:30/06/1997 (Cap 132, section 55(1)) [27 May 1983] (Originally L.N. 174 of 1983) REGULATION 1 Citation and commencement VerDate:30/06/1997 (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. REGULATION 2 Interpretation VerDate:28/11/2008 In these regulations, unless the context otherwise requires "air transhipment cargo" 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" means any article in transit that is both imported and consigned for export in an aircraft; (29 of 2000 s. 5) "article in transit" 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" has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (29 of 2000 s. 5) "fatty acid" 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" does not include live fish other than shell fish; (L.N. 173 of 1986) "food animal" means an animal or bird commonly kept for the purpose of providing food for human consumption; (L.N. 148 of 2001) "meat" 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) "milk" means cows milk, buffaloes milk and goats milk, and includes cream, separated milk and milk beverage, but does not include dried milk, condensed milk or reconstituted milk; (L.N. 215 of 2008 and L.N. 253 of 2008) "milk beverage" means any beverage resulting from combining liquid milk fat with other solids derived from milk, whether exclusive of any food additive or otherwise; (L.N. 215 of 2008 and L.N. 253 of 2008) "oil or fat" means oil or fat derived from any animal, bird, fish or plant but does not include any essential oil; "peanut" means groundnut or the seed of Arachis hypogaea L.; "peanut products" includes oil of peanut or any product containing peanut as its ingredient; "sell" 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) REGULATION 3 Prohibition of import and sale of food containing certain substances in excessive concentrations VerDate:31/12/2001 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) REGULATION 3A Prohibition of import and sale of fish, meat or milk containing prohibited substances VerDate:31/12/2001 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) REGULATION 3B Application to air transit or air transhipment cargo VerDate:26/05/2000 (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 (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) REGULATION 4 Amendment of First Schedule VerDate:31/12/2001 The Director of Food and Environmental Hygiene may, by notice published in the Gazette, amend the concentrations specified in Column E of the First Schedule. (L.N. 67 of 1985; L.N. 173 of 1986; L.N. 85 of 1990; 78 of 1999 s. 7; L.N. 148 of 2001) REGULATION 5 Offence and penalties VerDate:30/06/1997 Any person who contravenes regulation 3 or 3A commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (L.N. 173 of 1986; L.N. 331 of 1987; L.N. 177 of 1996) REGULATION 6 Name in which proceedings may be brought VerDate:01/01/2000 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 prosecutions of criminal offences, prosecutions for an offence under any of the provisions of 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) SCHEDULE 1 MAXIMUM CONCENTRATION OF CERTAIN SUBSTANCES PRESENT IN SPECIFIED FOODS VerDate:23/09/2008 [regulations 3 & 4] A B C D E Item Substance Description of Description of Maximum substance food concentration 1. Aflatoxin Group of bis- Any food other than 15 micrograms per Furanocoumarin peanut or its kilogram of the food compounds and products includes aflatoxin Peanuts or peanut 20 micrograms per B1, B2, G1, G2, M1, products kilogram of the food. M2, P1 and aflatoxicol . 2. Amoxycillin Muscle, liver and 50 micrograms per kidney of all food kilogram of the food. animals Milk 4 micrograms per kilogram of the food. 3. Ampicillin Muscle, liver and 50 micrograms per kidney of all food kilogram of the food. animals Milk 4 micrograms per kilogram of the food. 4. Bacitracin Muscle, liver and 500 micrograms per kidney of bovine, kilogram of the food. porcine and poultry Milk 500 micrograms per kilogram of the food. 5. Benzylpenicillin Muscle, liver and 50 micrograms per kidney of all food kilogram of the food. animals Milk 4 micrograms per kilogram of the food. 6. Carbadox Quinoxaline-2- Muscle of porcine 5 micrograms per carboxylic acid kilogram of the food. Liver of porcine 30 micrograms per kilogram of the food. 7. Ceftiofur Desfuroylceftiofur Muscle of bovine and 1000 micrograms per porcine kilogram of the food. Liver of bovine and 2000 micrograms per porcine kilogram of the food. Kidney of bovine and 6000 micrograms per porcine kilogram of the food. Milk 100 micrograms per kilogram of the food. 8. Chlortetracycline Sum of the parent Muscle of all food 100 micrograms per drug and its animals kilogram of the food. 4-epimers Liver of all food 300 micrograms per animals kilogram of the food. Kidney of all food 600 micrograms per animals kilogram of the food. Milk 100 micrograms per kilogram of the food. 9. Cloxacillin Muscle, liver and 300 micrograms per kidney of all food kilogram of the food. animals Milk 30 micrograms per kilogram of the food. 10. Colistin Muscle and liver of 150 micrograms per bovine, porcine and kilogram of the food. poultry Kidney of bovine, 200 micrograms per porcine and poultry kilogram of the food. Milk 50 micrograms per kilogram of the food. 11. Danofloxacin Muscle of bovine and 200 micrograms per poultry kilogram of the food. Muscle of porcine 100 micrograms per kilogram of the food. Liver of bovine and 400 micrograms per poultry kilogram of the food. Liver of porcine 50 micrograms per kilogram of the food. Kidney of bovine and 400 micrograms per poultry kilogram of the food. Kidney of porcine 200 micrograms per kilogram of the food. 12. Dicloxacillin Muscle, liver and 300 micrograms per kidney of all food kilogram of the food. animals Milk 30 micrograms per kilogram of the food. 13. Dihydro- Sum of Muscle and liver of 500 micrograms per streptomycin dihydrostrepto- bovine, porcine and kilogram of the food. mycin and poultry streptomycin Kidney of bovine, 1000 micrograms per porcine and poultry kilogram of the food. Milk 200 micrograms per kilogram of the food. 14. Dimetridazole Muscle, liver and 5 micrograms per kidney of porcine kilogram of the food. and poultry 15. Doxycycline Muscle of bovine, 100 micrograms per porcine and poultry kilogram of the food. Liver of bovine, 300 micrograms per porcine and poultry kilogram of the food. Kidney of bovine, 600 micrograms per porcine and poultry kilogram of the food. 16. Enrofloxacin Sum of Muscle of bovine, 100 micrograms per enrofloxacin and porcine and poultry kilogram of the food. ciprofloxacin Liver of bovine 300 micrograms per kilogram of the food. Liver of porcine and 200 micrograms per poultry kilogram of the food. Kidney of bovine 200 micrograms per kilogram of the food. Kidney of porcine and 300 micrograms per poultry kilogram of the food. Milk 100 micrograms per kilogram of the food. 17. Erucic acid The fatty acid Any food to which oil 5 per centum by weight cis-docos-13- or fat or a mixture of their fatty acid enoic acid thereof has been content of all the oils added and fats in the food. Any oil or fat or any 5 per centum by weight mixture thereof of their fatty acid content. 18. Erythromycin Muscle, liver and 400 micrograms per kidney of bovine, kilogram of the food. porcine and poultry Milk 40 micrograms per kilogram of the food. 19. Flumequine Muscle and liver of 500 micrograms per bovine, porcine and kilogram of the food. poultry Kidney of bovine, 3000 micrograms per porcine and poultry kilogram of the food. 20. Furaltadone Muscle of porcine and 0 microgram per poultry kilogram of the food. 21. Furazolidone Muscle, liver and 0 microgram per kidney of bovine, kilogram of the food. porcine and poultry 22. Gentamicin Muscle of bovine, 100 micrograms per porcine and poultry kilogram of the food. Liver of bovine and 2000 micrograms per porcine kilogram of the food. Kidney of bovine and 5000 micrograms per porcine kilogram of the food. Liver and kidney of 100 micrograms per poultry kilogram of the food. Milk 200 micrograms per kilogram of the food. 23. Ivermectin 22, 23-Dihydro- Liver of bovine 100 micrograms per avermectin B1a kilogram of the food. (H2B1a) Liver of porcine 15 micrograms per kilogram of the food. 24. Josamycin Muscle and liver of 200 micrograms per poultry kilogram of the food. Kidney of poultry 400 micrograms per kilogram of the food. 25. Kitasamycin Muscle, liver and 200 micrograms per kidney of porcine kilogram of the food. and poultry 26. Lincomycin Muscle of bovine, 100 micrograms per porcine and poultry kilogram of the food. Liver of bovine, 500 micrograms per porcine and poultry kilogram of the food. Kidney of bovine, 1500 micrograms per porcine and poultry kilogram of the food. Milk 150 micrograms per kilogram of the food. 26A. Malachite green Sum of malachite Any food (including live 0 microgram per green and fish, live reptiles and live kilogram of the food. leucomalachite poultry) green (L.N. 137 of 2005) 26B. Melamine Milk 1 milligram per kilogram of the food. Any food intended to 1 milligram per be consumed principally kilogram of the food. by persons of an age group into which children under the age of 36 months fall Any food intended to be 1 milligram per consumed principally by kilogram of the food. pregnant or lactating women Any other food 2.5 milligrams per kilogram of the food. (L.N. 215 of 2008) 27. Metronidazole Muscle, liver and 0 microgram per kidney of porcine kilogram of the food. and poultry 28. Neomycin Muscle and liver of 500 micrograms per bovine, porcine and kilogram of the food. poultry Kidney of bovine, 10000 micrograms per porcine and poultry kilogram of the food. Milk 500 micrograms per kilogram of the food. 29. Oxolinic acid Muscle of bovine, 100 micrograms per porcine and poultry kilogram of the food. Liver and kidney of 150 micrograms per bovine, porcine and kilogram of the food. poultry 30. Oxytetracycline Sum of parent Muscle of all food 100 micrograms per drug and its animals kilogram of the food. 4-epimer Liver of all food 300 micrograms per animals kilogram of the food. Kidney of all food 600 micrograms per animals kilogram of the food. Milk 100 micrograms per kilogram of the food. 31. Sarafloxacin Muscle of poultry 10 micrograms per kilogram of the food. Liver and kidney of 80 micrograms per poultry kilogram of the food. 32. Spectinomycin Muscle of bovine, 500 micrograms per porcine and poultry kilogram of the food. Liver of bovine, 2000 micrograms per porcine and poultry kilogram of the food. Kidney of bovine, 5000 micrograms per porcine and poultry kilogram of the food. Milk 200 micrograms per kilogram of the food. 33. Streptomycin Sum of dihydro- Muscle and liver of 500 micrograms per streptomycin and bovine, porcine and kilogram of the food. streptomycin poultry Kidney of bovine, 1000 micrograms per porcine and poultry kilogram of the food. Milk 200 micrograms per kilogram of the food. 34. Sulfonamides Sum of all Muscle, liver and 100 micrograms per Substances kidney of all food kilogram of the food. belonging to the animals sulfonamide group Milk 100 micrograms per kilogram of the food. 35. Tetracycline Sum of parent Muscle of all food 100 micrograms per drug and its animals kilogram of the food. 4-epimer Liver of all food 300 micrograms per animals kilogram of the food. Kidney of all food 600 micrograms per animals kilogram of the food. Milk 100 micrograms per kilogram of the food. 36. Tiamulin Sum of metabolites Muscle of porcine and 100 micrograms per that may be poultry kilogram of the food. hydrolysed to 8-alpha- Liver of porcine 500 micrograms per hydroxymutilin kilogram of the food. Liver of poultry 1000 micrograms per kilogram of the food. 37. Trimethoprim Muscle, liver and 50 micrograms per kidney of bovine, kilogram of the food. porcine and poultry Milk 50 micrograms per kilogram of the food. 38. Tylosin Muscle, liver and 200 micrograms per kidney of bovine, kilogram of the food. porcine and poultry Milk 50 micrograms per kilogram of the food. 39. Virginiamycin Muscle of porcine 100 micrograms per kilogram of the food. Liver of porcine 300 micrograms per kilogram of the food. Kidney of porcine 400 micrograms per kilogram of the food. (First Schedule replaced L.N. 148 of 2001) SCHEDULE 2 PROHIBITED SUBSTANCES VerDate:31/12/2001 [regulation 3A] 1. Dienoestrol ((E,E)-4,4'-(diethylideneethylene) diphenol) including salts and esters thereof. 2. Diethylstilboestrol ((E)-B-diethylstilbene-4,4'-diol) including salts and esters thereof. 3. Hexoestrol (meso-4,4'-(1,2-diethylethylene) diphenol) including salts and esters thereof. 4. Avoparcin. (L.N. 148 of 2001) 5. Clenbuterol. (L.N. 148 of 2001) 6. Chloramphenicol. (L.N. 148 of 2001) 7. Salbutamol. (L.N. 148 of 2001) (L.N. 173 of 1986)