(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- (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) Cap 132AF reg 4 Amendment of First Schedule 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) Cap 132AF reg 5 Offence and penalties 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) Cap 132AF reg 6 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 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) Cap 132AF Sched 1 MAXIMUM CONCENTRATION OF CERTAIN SUBSTANCES PRESENT IN SPECIFIED FOODS [regulations 3 & 4] A B C D E Item Substance Description of substance Description of food Maximum concentration 1. Aflatoxin Group of bis- furanocoumarin compounds and includes aflatoxin B1, B2, G1, G2, M1, M2, P1 and aflatoxicol Any food other than peanut or its products Peanuts or peanut products 15 micrograms per kilogram of the food. 20 micrograms per kilogram of the food. 2. Amoxycillin Muscle, liver and kidney of all food animals Milk 50 micrograms per kilogram of the food. 4 micrograms per kilogram of the food. 3. Ampicillin Muscle, liver and kidney of all food animals Milk 50 micrograms per kilogram of the food. 4 micrograms per kilogram of the food. 4. Bacitracin Muscle, liver and kidney of bovine, porcine and poultry Milk 500 micrograms per kilogram of the food. 500 micrograms per kilogram of the food. 5. Benzylpenicillin Muscle, liver and kidney of all food animalsMilk 50 micrograms per kilogram of the food. 4 micrograms per kilogram of the food. 6. Carbadox Quinoxaline-2- carboxylic acid Muscle of porcine Liver of porcine 5 micrograms per kilogram of the food. 30 micrograms per kilogram of the food. 7. Ceftiofur Desfuroylceftiofur Muscle of bovine and porcine Liver of bovine and porcine Kidney of bovine and porcine Milk 1000 micrograms per kilogram of the food. 2000 micrograms per kilogram of the food. 6000 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 8. Chlortetracycline Sum of the parent drug and its 4-epimers Muscle of all food animals Liver of all food animals Kidney of all food animals Milk 100 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 600 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 9. Cloxacillin Muscle, liver and kidney of all food animals Milk 300 micrograms per kilogram of the food. 30 micrograms per kilogram of the food. 10. Colistin Muscle and liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry Milk 150 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 50 micrograms per kilogram of the food. 11. Danofloxacin Muscle of bovine and poultry Muscle of porcine Liver of bovine and poultry Liver of porcine Kidney of bovine and poultry Kidney of porcine 200 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 400 micrograms per kilogram of the food. 50 micrograms per kilogram of the food. 400 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 12. Dicloxacillin Muscle, liver and kidney of all food animals Milk 300 micrograms per kilogram of the food. 30 micrograms per kilogram of the food. 13. Dihydro- streptomycin Sum of dihydrostrepto- mycin and streptomycin Muscle and liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry Milk 500 micrograms per kilogram of the food. 1000 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 14. Dimetridazole Muscle, liver and kidney of porcine and poultry 5 micrograms per kilogram of the food. 15. Doxycycline Muscle of bovine, porcine and poultry Liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry 100 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 600 micrograms per kilogram of the food. 16. Enrofloxacin Sum of enrofloxacin and ciprofloxacin Muscle of bovine, porcine and poultry Liver of bovine Liver of porcine and poultry Kidney of bovine Kidney of porcine and poultry Milk 100 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 17. Erucic acid The fatty acid cis-docos-13- enoic acid Any food to which oil or fat or a mixture thereof has been added Any oil or fat or any mixture thereof 5 per centum by weight of their fatty acid content of all the oils and fats in the food. 5 per centum by weight of their fatty acid content. 18. Erythromycin Muscle, liver and kidney of bovine, porcine and poultry Milk 400 micrograms per kilogram of the food. 40 micrograms per kilogram of the food. 19. Flumequine Muscle and liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry 500 micrograms per kilogram of the food. 3000 micrograms per kilogram of the food. 20. Furaltadone Muscle of porcine and poultry 0 microgram per kilogram of the food. 21. Furazolidone Muscle, liver and kidney of bovine, porcine and poultry 0 microgram per kilogram of the food. 22. Gentamicin Muscle of bovine, porcine and poultry Liver of bovine and porcine Kidney of bovine and porcine Liver and kidney of poultry Milk 100 micrograms per kilogram of the food. 2000 micrograms per kilogram of the food. 5000 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 23. Ivermectin 22, 23-Dihydro- avermectin B1a (H2B1a) Liver of bovine Liver of porcine 100 micrograms per kilogram of the food. 15 micrograms per kilogram of the food. 24. Josamycin Muscle and liver of poultry Kidney of poultry 200 micrograms per kilogram of the food. 400 micrograms per kilogram of the food. 25. Kitasamycin Muscle, liver and kidney of porcine and poultry 200 micrograms per kilogram of the food. 26. Lincomycin Muscle of bovine, porcine and poultry Liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry Milk 100 micrograms per kilogram of the food. 500 micrograms per kilogram of the food. 1500 micrograms per kilogram of the food. 150 micrograms per kilogram of the food. 27. Metronidazole Muscle, liver and kidney of porcine and poultry 0 microgram per kilogram of the food. 28. Neomycin Muscle and liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry Milk 500 micrograms per kilogram of the food. 10000 micrograms per kilogram of the food. 500 micrograms per kilogram of the food. 29. Oxolinic acid Muscle of bovine, porcine and poultry Liver and kidney of bovine, porcine and poultry 100 micrograms per kilogram of the food. 150 micrograms per kilogram of the food. 30. Oxytetracycline Sum of parent drug and its 4-epimer Muscle of all food animals Liver of all food animals Kidney of all food animals Milk 100 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 600 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 31. Sarafloxacin Muscle of poultry Liver and kidney of poultry 10 micrograms per kilogram of the food. 80 micrograms per kilogram of the food. 32. Spectinomycin Muscle of bovine, porcine and poultry Liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry Milk 500 micrograms per kilogram of the food. 2000 micrograms per kilogram of the food. 5000 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 33. Streptomycin Sum of dihydro- streptomycin and streptomycin Muscle and liver of bovine, porcine and poultry Kidney of bovine, porcine and poultry Milk 500 micrograms per kilogram of the food. 1000 micrograms per kilogram of the food. 200 micrograms per kilogram of the food. 34. Sulfonamides Sum of all substances belonging to the sulfonamide group Muscle, liver and kidney of all food animals Milk 100 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 35. Tetracycline Sum of parent drug and its 4-epimer Muscle of all food animals Liver of all food animals Kidney of all food animals Milk 100 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 600 micrograms per kilogram of the food. 100 micrograms per kilogram of the food. 36. Tiamulin Sum of metabolites that may be hydrolysed to 8-alpha- hydroxymutilin Muscle of porcine and poultry Liver of porcine Liver of poultry 100 micrograms per kilogram of the food. 500 micrograms per kilogram of the food. 1000 micrograms per kilogram of the food. 37. Trimethoprim Muscle, liver and kidney of bovine, porcine and poultry Milk 50 micrograms per kilogram of the food. 50 micrograms per kilogram of the food. 38. Tylosin Muscle, liver and kidney of bovine, porcine and poultry Milk 200 micrograms per kilogram of the food. 50 micrograms per kilogram of the food. 39. Virginiamycin Muscle of porcine Liver of porcine Kidney of porcine 100 micrograms per kilogram of the food. 300 micrograms per kilogram of the food. 400 micrograms per kilogram of the food. (First Schedule replaced L.N. 148 of 2001) Cap 132AF Sched 2 PROHIBITED SUBSTANCES [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)
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