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(78 of 1999 s. 7) (Cap 132, section 56) [1 July 1963] L.N. 78 of 1963 (L.N. 63 of 1963) Cap 132X s 1 (Repealed 78 of 1999 s. 7) PART I PRELIMINARY Cap 132X s 2 (Repealed 78 of 1999 s. 7) Cap 132X s 3 Interpretation (1) In this Regulation, unless the context otherwise requires- "air conditioning plant" (空气调节机) includes any kind of mechanical ventilation system which contains a device for reducing or increasing the temperature of the air in any building or any part thereof below or above the temperature of the external air; "bottled" (瓶装) means contained in an unopened hermetically sealed bottle, tin or container; "Director" (署长) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) "dressed poultry carcass" (经处理的家禽屠体) means a poultry carcass from which the offal or feathers have been removed; (L.N. 171 of 1998) "food business" (食物业) has the meaning assigned to it in section 4; (78 of 1999 s. 7) "food premises" (食物业处所) means any premises on or from which there is carried on any food business and the expression "premises" (处所) includes a vessel and a stall; "food room" (食物室) means any room, (being, or being part of, any food premises) where any person engages in the handling of open food or in the cleaning of equipment for the purposes of a food business, but does not include a room in which the only handling of food which occurs is in the course of serving food for consumption therein; "fresh" (新鲜) in relation to beef, fish, game, meat, mutton, offal, pork, a poultry carcass, a reptile or shell fish, means beef, fish, game, meat, mutton, offal, pork, a poultry carcass, a reptile or shell fish which has not been subjected to a process of preservation; (L.N. 220 of 2001) "latrine fitment" (厕所设备) means a fitment containing a receptacle for excrement, which is removable; (L.N. 495 of 1993) "meat" (肉类) means the flesh of- (a) cattle (including buffaloes), goats, sheep and swine; and (b) horses, mules, hinnies and donkeys, if intended for human consumption; "offal" (什脏) means the internal organs or intestines of a poultry; (L.N. 171 of 1998) "open food" (未加掩盖的食物) means- (a) uncooked perishable food; and (b) food not contained in a container of such materials, and so closed, as to exclude all risk of contamination, but does not include raw vegetables and uncut fruit or any food which has to be subjected to a process of milling, refining or cooking (other than food referred to at (a) and food in the course of preparation) for the purpose of rendering it fit for human consumption; "plan" (图则) includes a sketch; "poultry carcass" (家禽屠体) means the body of a dead poultry; (L.N. 171 of 1998) "preparation" (配制) in relation to food includes manufacture and any form of cooking or other treatment or preparation for sale; "proprietor" (东主) means the owner of or the person for the time being appearing to have charge of a food business and in the case of a licensed food business the licensee thereof; "sanitary fitment" (卫生设备) includes any kind of ablution or sanitary facility; "sashimi" (刺身) means food consisting of fillets of marine fish, molluscs, crustaceans, fish roe or other seafood to be eaten in raw state; (L.N. 407 of 1996) "shell fish" (介贝类水产动物) means molluscs and crustaceans, but does not include molluscs or crustaceans in the form of sashimi or forming part of sushi, or oyster to be eaten in its raw state; (L.N. 407 of 1996; 78 of 1999 s. 7) "soil drain" (污水渠) means any pipe or gutter which receives soil matter or which receives waste from a sanitary convenience; "soil fitment" (污水设备) means a water-closet fitment, trough water-closet, urinal, slop sink, bidet or any similar fitment; (L.N. 495 of 1993) "stall" (摊档) includes any stand, marquee, mobile canteen, and any vehicle whether movable or not which is used for the sale of food; "sushi" (寿司) means food consisting of cooked and pressed rice flavoured with vinegar and garnished with other food ingredients including raw or cooked or vinegared seafood, marine fish or shellfish roe, vegetable, cooked meat or egg on top or in the middle which may or may not be wrapped with seaweed and usually served in pieces; (L.N. 407 of 1996) "vending machine" (售卖机) means a coin-operated automatic vending machine; (L.N. 212 of 1973) "water bird" (水禽) means any bird that ordinarily lives on or feeds in water which may be used for human consumption and includes ducks and geese; (L.N. 171 of 1998) "wholesale market" (批发市场) means any wholesale market established by the Director of Marketing or the Director of Agriculture, Fisheries and Conservation, but does not include the Western Wholesale Food Market. (L.N. 171 of 1998; 78 of 1999 s. 7; L.N. 331 of 1999) (78 of 1999 s. 7)(2) A person shall be deemed for the purposes of this Regulation to engage in the handling of food if for the purposes of a food business he carries out or assists in the carrying out of any process or operation in the sale of food or in the preparation, transport, storage, packing, wrapping, exposure for sale, service, or delivery of food. (3) For the purposes of this Regulation, the supply of food, otherwise than by sale at, in or from any place where food is supplied in the course of a business, shall be deemed to be a sale of that food, and references to purchasing and purchasers shall be construed accordingly; and where in connection with any business in the course of which food is supplied the place where food is served to the customers is different from the place where the food is prepared, both those places shall be deemed to be places in which food is sold. (4) In determining for the purposes of this Regulation whether any matter involves risk of contamination to any food, regard shall be had to the extent to which contamination in the respect in question is immaterial because of- (a) the nature of the food; or (b) the manner in which the food is packed; or (c) any process to which the food is to be subjected before sale to the consumer, being a process to which food of that nature is normally so subjected. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 4 Interpretation of food business (1) In this Regulation, unless the context otherwise requires, the expression "food business" (食物业) means, subject to the succeeding provisions of this section, any trade or business for the purpose of which any person engages in the handling of food or food is sold by means of a vending machine. (L.N. 212 of 1973) (2) The said expression does not include any agricultural activity, any canteen in any naval, military or air force establishment or provided in any school or work place (other than a factory canteen referred to in section 31) for the use exclusively of the pupils of the school and the persons employed in the work place, respectively, any club or (except so far as the handling of food may be involved in the course of a retail business or in the course of supplying food for immediate consumption) so much of any trade or business as consists of the handling of food at, in or upon- (L.N. 175 of 1980) (a) any dock or wharf; or (L.N. 125 of 1970) (b) except in the case of any business involving the transport of meat, whether cooked or uncooked, any premises or place occupied by a carrier of foods for the purposes of his trade as such a carrier; or (c) any slaughterhouse; or (d) any premises or place occupied by a wholesaler of raw vegetables and used exclusively for the purpose of his trade or business as such a wholesaler; or (e) any premises which- (i) are used exclusively for the storage of food manufactured and packed by the occupier thereof; and (ii) are situated outside the curtilage of the premises used for the manufacture or packing of that food; and (iii) are not used for the storage of any open food; or (f) any warehouse, other than a warehouse in which articles of food are stored under refrigeration. (L.N. 125 of 1970) (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 5 Cleanliness and repair of food premises PART II GENERAL REQUIREMENTS RELATING TO FOOD BUSINESSES (1) Every person who carries on any food business shall at all times cause the walls , floors, doors, windows, ceiling, woodwork and all other parts of the structure of any food premises used by him in the course of such food business to be kept clean and free from noxious matters and to be kept in such good order, repair and condition as to- (a) enable them to be effectively cleaned; and (b) prevent, so far as is reasonably practicable, infestation by rats, mice and insects and the entry of birds. (2) No person engaged in any food business shall place or permit to be placed or to remain placed any furniture or equipment, other than such as can be moved without difficulty by one man, so near to any wall in any food premises as to obstruct access to any part of such wall, or of such furniture or equipment, for the purpose of cleaning. (3) No person engaged in any food business shall knowingly suffer or permit- (a) in any food premises, the presence of rats, mice or insects; or (b) in any food room, the presence of live birds or animals. (4) If it appears to the Director on the report of any health officer or health inspector that any food premises, or any part thereof, are or is, by reason of uncleanliness or structural repair or condition, in such a state as to be unfit for use in any food business, the Director may cause a notice to be served upon the proprietor of such food business requiring him to cleanse, disinfest, limewash, repair or modify such food premises, or such part thereof, in such manner and within such time as shall be specified in the notice and, in the opinion of the Director, be necessary to render such premises or such part thereof fit for use as food premises. (10 of 1986 s. 32(2); 78 of 1999 s. 7) (5) If the proprietor fails to comply with any of the requirements of a notice served under subsection (4)- (a) he shall be guilty of an offence; and (b) the Director may cause such work as may be necessary for compliance with the requirements of the notice to be carried out and may recover any expenses incurred thereby from the proprietor. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 6 Cleanliness of equipment, etc. Every person who carries on any food business shall at all times cause all furniture, articles, equipment and utensils used or liable to be used in the course of such business to be kept clean and free from noxious matters and in proper repair and free from cracks or chipping. (L.N. 495 of 1993) Cap 132X s 7 Prohibition of preparation of food in domestic premises No person shall, for the purposes of any food business, give out any food, or arrange for or permit the giving out of any food, for preparation or packing by another person on or about any domestic premises. Cap 132X s 7A Prohibition of non-permitted colouring matter on food premises (1) No person engaged in any food business shall place or store or cause or permit to be placed or stored on any food premises any colouring matter for use in food which is not a permitted colouring matter. (2) In this section, "permitted colouring matter" (准许染色料) means any colouring matter, or a combination of more than one thereof, specified in the First Schedule to the Colouring Matter in Food Regulations (Cap 132 sub. leg.). (10 of 1986 s. 32(2); 78 of 1999 s. 7) (L.N. 247 of 1972) Cap 132X s 8 Prohibition of use of food rooms for dwelling purposes No person shall use or permit the use of any food room for the purpose of a dwelling place, nor the use of any dwelling place as a food room. Cap 132X s 9 Restriction on spitting (1) No person shall spit in any food room, and no person shall spit in any other part of any food premises except into a spittoon or other receptacle provided for that purpose. (2) Where the proprietor of any food business provides in any food premises spittoons or other receptacles, he shall cause each such spittoon or receptacle to contain disinfectant fluid and to be cleansed, and the fluid renewed, not less than once in every 24 hours. (3) In the case of any food business in respect of which a licence is required under Part IV, the proprietor thereof shall, unless exempted in writing by the Director, cause one or more notices prohibiting spitting, written in English and Chinese, to be continuously displayed in a conspicuous manner in every food premises. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 10 Protection of food from risk of contamination Every person engaged in any food business shall, while so engaged, take all such steps as may be reasonably necessary to protect the food from risk of contamination or deterioration, and in particular, without prejudice to the generality of the foregoing, no person shall- (a) so place, or cause, suffer or permit any other person so to place, any open food as to involve any risk of contamination; or (b) wrap up or otherwise bring any open food into direct contact with any printed newspaper or other unclean paper or wrapping material. Cap 132X s 10A Control of water quality (1) No person shall in the course of any food business keep any live fish or shell fish intended for human consumption in water of a quality below the standard specified by the Director by notice published in the Gazette. (2) (Repealed 78 of 1999 s. 7) (3) In this section, "food business" (食物业) includes any trade or business for the purpose of which live fish or shell fish is sold or is intended to be sold for human consumption. (L.N. 447 of 1994; 78 of 1999 s. 7) Cap 132X s 10B Prohibition of dogs on food premises (1) No person shall bring any dog onto any food premises. (2) No person engaged in any food business shall knowingly suffer or permit the presence of any dog on any food premises. (3) Nothing in this section shall be construed to prohibit the presence on any food premises (other than a food room) of a dog serving as a guide for a totally or partially blind person, or to prohibit the presence on any food premises of a dog in connection with the exercise of a lawful power. (78 of 1999 s. 7) (L.N. 464 of 1994) Cap 132X s 11 Storage of open food (1) No person in the course of any food business shall store (including display for sale) or suffer or permit the storage of any open food other than uncooked perishable food, except in a suitable container so designed and constructed as to prevent, so far as is reasonably practicable, the access of dust, insects and vermin: Provided that nothing in this subsection shall be construed to prevent such reasonable exposure of food as may be necessary in the course of carrying on the business. (2) No person shall knowingly suffer the existence of any dust, insects or vermin within any such container referred to in subsection (1). (78 of 1999 s. 7) Cap 132X s 12 Transport of open food No person in the course of any food business shall transport, or cause, suffer or permit to be transported, any open food in the open air except so far as may be necessary for the purpose of loading or unloading any vehicle or container, unless such open food is adequately protected by suitable material from risk of contamination or deterioration. Cap 132X s 12A Requirements for transportation of dressed poultry carcass or offal (1) No person shall, in the course of any food business, transport or cause, suffer or permit to be transported, the whole or part of a dressed poultry carcass or offal removed from a poultry except in a goods vehicle approved in writing by the Director and subject to such conditions as he thinks fit. (2) Notwithstanding subsection (1), the Director may give consent to transportation by other means of conveyance subject to such conditions as he thinks fit. (3) Any approval or consent given by the Director under subsection (1) or (2) may be withdrawn at any time by giving written notice. (L.N. 171 of 1998; 78 of 1999 s. 7) Cap 132X s 13 Restriction on the use of open spaces (1) No person shall for the purpose of any food business use, or cause, suffer or permit to be used, any yard, alley, street, open space, roof top or open deck space for the preparation or storage of open food or for the washing, cleansing or storage of any equipment or utensil used in the preparation or service of food. (2) Nothing in this section shall be construed to prevent- (a) any process in the manufacture or preparation of food in the open air which could not reasonably be carried on elsewhere having regard to the circumstances; but where the process of the trade necessitates the use of open spaces, every such open space shall be surfaced and drained to the satisfaction of the Director; or (b) the carrying on of any food business from a stall: Provided that for the purpose of this paragraph no open food shall be placed lower than 450 mm from the ground unless it is adequately protected from any risk of contamination. (L.N. 89 of 1979; 10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 14 Use of wet refrigerators, etc. No person in the course of any food business shall keep, or cause, suffer or permit to be kept, any drink contained in bottles in a wet refrigerator or immersion cooler unless such bottles are placed in an upright position and the level of the water in the refrigerator or cooler, as the case may be, is not less than 75 mm below the mouths of the bottles. (L.N. 89 of 1979) Cap 132X s 15 Cleanliness and repair of food rooms (1) The walls, floors, doors, ceilings, woodwork and all other parts of the structure of every food room shall be kept clean and shall be kept in such good order, repair and condition as to- (a) enable them to be effectively cleaned; and (b) prevent, so far as is reasonably practicable, any risk of infestation by rats, mice or insects or the entry of birds. (2) Where any works affecting the structure of a food room, other than mere removal of part of the structure, are executed, the structure affected by such works shall after the completion of the works be such as to- (a) enable it to be effectively cleaned; and (b) prevent, so far as is reasonably practicable, any risk of infestation by rats, mice and insects and the entry of birds. Cap 132X s 15A Cleanliness and repair of sanitary fitments Every sanitary fitment shall at all times be maintained in a clean and sanitary condition and shall be kept in good order and repair. (L.N. 495 of 1993) Cap 132X s 16 Accumulation of refuse in food rooms No refuse or filth, whether solid or liquid, shall be deposited or allowed to accumulate in a food room except so far as may be unavoidable for the proper carrying on of the food business. Cap 132X s 17 Certain tables, etc. to be surfaced with hardwood or impervious material No proprietor shall use, or suffer or permit to be used, in the preparation of any food, any table, sideboard, bench or like article of furniture the surface of which comes into contact with any food, or is liable to come into contact with any food, unless such surface is made of smooth close jointed hardwood or a smooth impervious material. Cap 132X s 18 Prevention of lying or sitting on certain tables, etc. No person shall lie down, sit or stand upon any table, sideboard, bench or other article of furniture the surface of which comes into contact with any food or is liable to come into contact with any food. Cap 132X s 19 Sterilization and storage of utensils No person engaged in any food business shall use, or cause, suffer or permit to be used, in the course of such food business any crockery, glassware or other utensil used in the preparation or consumption of food, which has not, since the last occasion on which it was used for any purpose, been- (a) (i) washed clean and thereafter immersed in boiling water, other than the water used for the washing thereof, for not less than one minute; or (ii) washed clean and thereafter immersed for a period of at least one minute and at a temperature of not less than 24 degrees Celsius in an effective and non-toxic solution of a bactericidal agent approved by the Director; or (iii) mechanically washed clean in an apparatus which has been manufactured and sold for the washing of crockery, glassware or other utensils of the type for the washing of which such apparatus is being used and is of a type approved by the Director; and (10 of 1986 s. 32(2); 78 of 1999 s. 7) (b) dried by evaporation or with a clean, light coloured drying cloth; and (c) unless immediately required for further use, stored in a cupboard which has been rendered proof against the access of dust, insects and vermin. (L.N. 125 of 1970) Cap 132X s 20 Cleansing of napkins, etc. No person engaged in any food business involving the serving of meals to customers shall provide for the use of any customer any napkin or cleansing towel unless, since the last preceding occasion upon which such napkin or cleansing towel was used for any purpose, it has been washed and immersed for not less than one minute in boiling water used exclusively for that purpose. (L.N. 495 of 1993) Cap 132X s 21 Prevention of contamination by contact with clothing No person engaged in any food business shall hang up or otherwise place any garments while not in use in such a place or in such a manner as to, or to be liable to, come into contact with or to be suspended directly above any open food, and no person shall hang up or otherwise place any such garments in any food room. Cap 132X s 22 Personal cleanliness Every person who engages in the handling of food in any food business shall while so engaged- (a) keep as clean as may be reasonably practicable all parts of his person which may be liable to come into contact with food; (b) keep as clean as may be reasonably practicable all parts of his clothing, overclothing or overalls which may be liable to come into contact with food; (c) keep any open cut or abrasion on any exposed part of his person covered with a suitable waterproof dressing; (d) refrain from the use of tobacco while he is handling any open food or is in any food room. Cap 132X s 23 Immunization of persons engaged in food businesses against certain diseases (1) No person shall be engaged in or take any part in any food business unless he has been- (a) (Repealed L.N. 164 of 1982) (b) immunized, in accordance with such of the requirements of a notification under subsection (3) as apply to him. (2) Failure by any person engaged in or taking part in any such food business as may be specified by notification under subsection (3), on demand to produce for inspection by any health inspector or health officer a valid certificate of immunization against such disease as may be so specified shall be prima facie evidence in any court of the commission by such person of a contravention of the provisions of subsection (1). (3) The Director may from time to time by notification published in the Gazette require persons employed in or taking part in all or any particular food businesses to be immunized against such diseases as shall be specified in such notification. (10 of 1986 s. 32(2)) (L.N. 181 of 1978; L.N. 164 of 1982; 78 of 1999 s. 7) Cap 132X s 23A Prohibition of employment in food businesses of persons not immunized against certain diseases (1) No proprietor of any food business, or, as the case may be, of any such food business as may be specified by notification under section 23(3), shall employ any person in, or cause or permit any person to be engaged in or to take part in, such business unless that person- (a) (Repealed L.N. 181 of 1978) (b) (Repealed L.N. 164 of 1982) (c) has been immunized in accordance with such of the requirements of a notification under section 23(3) as apply to that person. (L.N. 181 of 1978) (2) Failure by the proprietor of any such food business as may be so specified, on demand to obtain the production of, or to produce, for inspection by any health inspector or health officer a valid certificate of immunization against such disease as may be so specified, or a certified copy thereof, showing that any person employed, engaged or taking part in such business, has been so immunized shall be prima facie evidence in any court of the commission by him of a contravention of the provisions of subsection (1). (L.N. 164 of 1982) (L.N. 121 of 1965; 10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 24 Restriction on employment of persons likely to spread diseases (1) No person engaged in any food business who is suffering from a discharging wound or sore on any exposed part of the body, or from a discharge of the ear or from attacks of diarrhoea or vomiting or from a sore throat shall take any part in the handling of open food: Provided that a health officer may issue a certificate in writing to such person exempting him from this subsection in any case in which such health officer is satisfied that no danger to the public health is involved. (2) Any person engaged in the course of any food business in any food room or in any room in which food is served or in the handling of open food shall, if so required in writing by a health officer, submit himself to medical examination at such time and place as such health officer shall direct and if, after medical examination, a health officer is satisfied that such person is suffering from any communicable disease, or is likely to communicate to any other person any communicable disease, such health officer may notify such person in writing to that effect and thereafter such person shall forthwith cease to work or take part in the same or any other food business. (3) A notification made under subsection (2) shall remain effective until cancelled by a further notification by a health officer declaring such first mentioned notification to be cancelled. (4) Subject to the proviso to subsection (1), no person shall cause, suffer or permit any other person whom he knows or has reason to believe to be suffering from any of the complaints mentioned in subsection (1) to take any part in the handling of open food in any food business; and no person shall cause or suffer or permit any other person in respect of whom he knows or has reason to believe a notification made under subsection (2) is effective to be engaged in the course of any food business in any food room or in any room in which food is served or in the handling of any open food. (78 of 1999 s. 7) Cap 132X s 25 Inspection books, etc. (1) The Director may in his discretion supply to any food business an inspection book or form for the use of health inspectors. (2) Where such inspection book or form is provided by the Director, the proprietor of the food business to which it has been supplied shall cause it to be kept at all times on the food premises concerned and available for use by any health inspector visiting the premises. (3) No person shall destroy any such book or form or alter or obliterate any entry made therein. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 26 (Repealed 61 of 1976 s. 7) Cap 132X s 27 Horse flesh to be labelled as such Where in the course of any food business the flesh of any horse, mule, hinny or donkey is sold, or offered or exposed for sale, it shall, at the time of the sale, or offer or exposure for sale, be clearly labelled "HORSE FLESH" in English lettering and Chinese characters of sufficient size to be easily legible to every customer. Cap 132X s 28 Prohibition against the collection of shell fish in certain areas No person shall collect for sale for human consumption any shell fish in- (a) the harbour; or (b) the harbour in Aberdeen, being all those waters and foreshores bounded by a line drawn north from the westernmost extremity of the Island of Ap Lei Chau and a line drawn east from the southernmost extremity of that island. (78 of 1999 s. 7) Cap 132X s 29 Prohibition of the sale, etc. of articles specified in Schedule 1 PART III PROHIBITED AND RESTRICTED FOODS No person shall sell, or offer or expose for sale, or possess for sale or for use in the preparation of any article of food for sale, any of the foods specified in Schedule 1. Cap 132X s 30 Restriction on sale, etc. of specified articles (1) Save with the permission in writing of the Director, no person shall- (a) sell or offer or expose for sale, or possess for sale or for use in the preparation of any article of food for sale, any of the foods specified in items 1 to 5 inclusive, items 9 to 14 inclusive and items 16 to 21 inclusive of Schedule 2: (L.N. 212 of 1973; L.N. 407 of 1996; L.N. 1 of 1999) Provided that this paragraph shall not apply to the hawking of live poultry in any place or area for the time being set aside by the Director pursuant to section 4(1)(a) of the Hawker Regulation (Cap 132 sub. leg.);(b) sell or offer or expose for sale, or possess for sale any of the foods specified in items 6, 7, 8 and 15 of Schedule 2 unless such food is contained in an unopened hermetically sealed container; or (c) possess for use in the preparation of any article of food for sale any of the foods specified in items 6, 7, 8 and 15 of Schedule 2 unless such food is, until the time it is about to be so used, contained in an unopened hermetically sealed container. (L.N. 125 of 1970)(1A) Save with the permission in writing of the Director, no person shall sell, or offer or expose for sale, or possess for sale a fresh, chilled or frozen water bird carcass- (a) at premises where there are live poultry, unless the water bird carcass- (i) is a dressed water bird carcass; and (ii) is packed separately in a container closed in a manner that ensures that the carcass is securely contained within it; and (b) at any other premises, unless the water bird carcass- (i) is a dressed water bird carcass; and (ii) is packed separately or only with one or more other water bird carcasses in a container. (L.N. 220 of 2001)(1B) Subsection (1A)(a) does not apply in relation to the sale, or offer or exposure for sale, or possession for sale of any water bird carcass at the Western Wholesale Food Market. (L.N. 220 of 2001) (1C) Save with the permission in writing of the Director, no person shall deliver or cause to be delivered- (a) to premises where there are live poultry, or to any person at such premises, for the purpose of sale, a fresh, chilled or frozen water bird carcass, unless the water bird carcass- (i) is a dressed water bird carcass; and (ii) is packed separately in a container closed in a manner that ensures that the carcass is securely contained within it; and(b) to any other premises, or to any person at such premises, for the purpose of sale, a fresh, chilled or frozen water bird carcass, unless the water bird carcass- (i) is a dressed water bird carcass; and (ii) is packed separately or only with one or more other water bird carcasses in a container closed in a manner that ensures that the carcass or carcasses is or are securely contained within it. (L.N. 220 of 2001)(1D) Subsection (1C)(a) does not apply in relation to the delivery of any water bird carcass within the Western Wholesale Food Market. (L.N. 220 of 2001) (1E) Save with the permission in writing of the Director, no person shall sell, or offer or expose for sale, or possess for sale- (a) at premises where there are live poultry any fresh, chilled or frozen offal removed from a water bird, unless the offal is packed, separately or only with the offal removed from the same or any other water bird, in an unopened hermetically sealed container; and (b) at any other premises any fresh, chilled or frozen offal removed from a water bird, unless the offal is packed, separately or only with the offal removed from the same or any other water bird, in a container. (L.N. 220 of 2001)(1F) Subsection (1E)(a) does not apply in relation to the sale, or offer or exposure for sale, or possession for sale of any offal of a water bird at the Western Wholesale Food Market. (L.N. 220 of 2001) (1G) Save with the permission in writing of the Director, no person shall deliver or cause to be delivered- (a) to premises where there are live poultry, or to any person at such premises, for the purpose of sale, any fresh, chilled or frozen offal removed from a water bird, unless the offal is packed, separately or only with the offal removed from the same or any other water bird, in an unopened hermetically sealed container; and (b) to any other premises, or to any person at such premises, for the purpose of sale, any fresh, chilled or frozen offal removed from a water bird, unless the offal is packed, separately or only with the offal removed from the same or any other water bird, in a container. (L.N. 220 of 2001)(1H) Subsection (1G)(a) does not apply in relation to the delivery of any offal of a water bird within the Western Wholesale Food Market. (L.N. 220 of 2001) (2) Every permission granted under subsection (1), (1A), (1C), (1E) or (1G) shall- (L.N. 220 of 2001) (a) if granted to an applicant who is already in possession of a valid licence granted by the Director under any of the following Regulations, namely- (i) this Regulation, (ii) the Milk Regulation (Cap 132 sub. leg.), (iii) the Frozen Confections Regulation (Cap 132 sub. leg.), (iv) the Hawker Regulation (Cap 132 sub. leg.), be granted free of charge and shall be valid for so long as the licence is valid;(b) if granted to an applicant who is the lessee of a market stall leased to him- (i) by the Director under the provisions of the Public Markets Regulation (Cap 132 sub. leg.), or (ii) by the owner, within the meaning of the Private Markets Regulation (Cap 132 sub. leg.), of a private market under the provisions of that Regulation, be granted free of charge and shall be valid for the duration of the lease; and(c) if granted to an applicant to whom neither paragraph (a) nor paragraph (b) applies, be valid for a period of 12 months from and including the date on which such permission is granted and shall be granted subject to the payment in advance to the Director of the prescribed fee. (L.N. 495 of 1993; L.N. 85 of 1995)(3) Where the Director is satisfied that any permission granted under this section has been lost, destroyed or accidentally defaced, the Director may, upon payment of the prescribed fee, issue a duplicate thereof. (L.N. 209 of 1983; L.N. 33 of 1987; L.N. 63 of 1988; L.N. 54 of 1991; L.N. 54 of 1992; L.N. 59 of 1993; L.N. 142 of 1994; L.N. 85 of 1995) (4) For the avoidance of doubt, nothing in this section shall be construed to exempt any person from complying with any other licensing requirements prescribed by this or any other Regulation. (5) The Director may, by notice in the Gazette, exempt from all or any of the prohibitions in subsection (1), (1A), (1C), (1E) or (1G), either generally or in any particular case, the following persons or any such person or class of such persons- (L.N. 220 of 2001) (a) any person who holds a licence granted under subsection (1) of section 31 or who is exempt from the prohibition in that subsection pursuant to a notice under subsection (7) of the said section; (b) any person who holds a licence granted under the Milk Regulation (Cap 132 sub. leg.) or the Frozen Confections Regulation (Cap 132 sub. leg.) or a specified kind of licence granted under the Hawker Regulation (Cap 132 sub. leg.); (c) any person who is a lessee of a market stall referred to in subsection (2)(b). (L.N. 181 of 1978)(6) An exemption granted under subsection (5) may be amended or revoked at any time by the Director by notice in the Gazette. (L.N. 181 of 1978) (7) For the purposes of this section, "dressed water bird carcass" (经处理的水禽屠体) means a water bird carcass from which the alimentary tract, liver and feathers have been removed. (L.N. 220 of 2001) (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 30A Restriction on the possession for sale of live poultry specified in Schedule 2 No person shall possess for sale any live water bird specified in item 4(a) of Schedule 2 and any live poultry specified in item 4(b) of that Schedule in the same premises. (L.N. 171 of 1998) Cap 132X s 30B Restriction on possession for sale of live quails A person shall not possess for sale live quails with any other live poultry at the same premises. (L.N. 220 of 2001) Cap 132X s 30C Further restrictions on trading of fresh, chilled and frozen offal of water birds at retail level (1) Unless with reasonable excuse, no person having possession for sale any offal of a water bird contained in a sealed container shall- (a) open; or (b) in any other way tamper with,the container at premises at which the offal is possessed for sale, if there are live poultry at those premises. (2) This section does not apply in relation to the Western Wholesale Food Market. (3) In this section, "sealed container" (加封容器) means a container required to be sealed in accordance with section 30(1E)(a). (L.N. 220 of 2001) Cap 132X s 31 Licensing of food business PART IV LICENSING OF CERTAIN FOOD BUSINESSES (1) Subject to section 33C, except under and in accordance with a licence granted by the Director under this Regulation, no person shall carry on or cause, permit or suffer to be carried on any of the following food businesses- (L.N. 212 of 1973; L.N. 493 of 1995) (a) any food factory, not being a milk factory or a frozen confection factory; or (b) any restaurant; or (ba) any factory canteen; or (L.N. 175 of 1980) (c) any siu mei or lo mei shop; or (d) any fresh provision shop; or (e) any cold store. (L.N. 125 of 1970) (2) For the purposes of this Regulation, the expression- (L.N. 493 of 1995) "cold store" (冻房) means any warehouse in which articles of food are stored under refrigeration; (L.N. 125 of 1970) "factory" (工厂) has the meaning assigned to it by section 2(1) of the Factories and Industrial Undertakings Ordinance (Cap 59); (L.N. 175 of 1980) "factory building" (工厂大厦) means any building which contains one or more factories; (L.N. 175 of 1980) "factory canteen" (工厂食堂) means any food business in a factory building which involves the sale or supply of meals or unbottled non-alcoholic drinks other than Chinese herb tea for consumption on the premises by persons employed in any factory in that factory building, but does not include a restaurant or any business carried on by a hawker who is the holder of a licence under the Hawker Regulation (Cap 132 sub. leg.); (L.N. 175 of 1980; 78 of 1999 s. 7) "food factory" (食物制造厂) means any food business which involves the manufacture or preparation of food for sale for human consumption off the premises, but does not include a frozen confection factory, a milk factory or any business carried on by a hawker who is the holder of a licence under the Hawker Regulation (Cap 132 sub. leg.); (L.N. 125 of 1970; 78 of 1999 s. 7) "fresh provision shop" (新鲜粮食店) means any food business which involves the sale of fresh, chilled or frozen beef, mutton, pork, reptiles (including live reptiles), fish (including live fish) or poultry (including live poultry), but does not include a restaurant, factory canteen, market stall or any business carried on by a hawker who is the holder of a licence under the Hawker Regulation (Cap 132 sub. leg.); (L.N. 125 of 1970; L.N. 212 of 1973; L.N. 152 of 1976; L.N. 175 of 1980; 78 of 1999 s. 7; L.N. 220 of 2001) "frozen confection factory" (冰冻甜点制造厂) means any food business which involves, within the meaning of the Frozen Confections Regulation (Cap 132 sub. leg.), the manufacture of any frozen confection; (78 of 1999 s. 7) "full licence" (正式牌照) means a licence other than a provisional licence or a temporary licence; (L.N. 493 of 1995) "licensee" (持牌人) means a person to whom a full licence, a provisional licence or a temporary licence has been granted under this Regulation; (L.N. 493 of 1995; 78 of 1999 s. 7) "milk factory" (奶品厂) means any food business which involves, within the meaning of the Milk Regulation (Cap 132 sub. leg.), the processing or reconstitution of milk or any milk beverage; (L.N. 216 of 1977; 78 of 1999 s. 7) "provisional licence" (暂准牌照) means a licence granted under section 33C; (L.N. 493 of 1995; 78 of 1999 s. 7) "restaurant" (食肆) means any food business which involves the sale of meals or unbottled non-alcoholic drinks other than Chinese herb tea, for consumption on the premises, but does not include a factory canteen or any business carried on by a hawker who is the holder of a licence under the Hawker Regulation (Cap 132 sub. leg.); (L.N. 125 of 1970; L.N. 175 of 1980; 78 of 1999 s. 7) "siu mei and lo mei shop" (烧味及卤味店) means any food business which involves the sale by retail of siu mei or lo mei, but does not include a restaurant, factory canteen or any business carried on by a hawker who is the holder of a licence under the Hawker Regulation (Cap 132 sub. leg.); (L.N. 125 of 1970; L.N. 175 of 1980; 78 of 1999 s. 7) "temporary licence" (临时牌照) means a licence granted under proviso (b) to section 31(5). (L.N. 493 of 1995; 78 of 1999 s. 7) (3) Without prejudice to anything contained in the Ordinance relating to licences, any licence granted under this section may be subject to any or all of the following conditions- (a) a condition prohibiting or restricting the carrying on at or from the food premises to which such licence relates of any particular kind of food business; (b) a condition prohibiting or restricting the carrying on at or from the food premises to which such licence relates of any kind of business other than that specified in the licence; (c) a condition prohibiting or restricting the sale to customers at or from the food premises to which such licence relates of any food or drink or any class of food or drink other than such food or drink or class of food or drink as may be specified in the licence. (L.N. 125 of 1970) (4) A full licence shall be valid for a period of 12 months from and including the date of its issue. (L.N. 493 of 1995) (5) The grant or renewal of a full licence shall be subject to the payment in advance to the Director of the prescribed fee for the class of licence issued: (L.N. 493 of 1995) Provided- (a) (Repealed L.N. 495 of 1993) (b) that a temporary licence for any period not exceeding 7 days may be granted upon payment of the prescribed fee. (L.N. 209 of 1983; L.N. 33 of 1987; L.N. 63 of 1988; L.N. 97 of 1989; L.N. 74 of 1990; L.N. 54 of 1991; L.N. 54 of 1992; L.N. 59 of 1993; L.N. 142 of 1994; L.N. 85 of 1995) (6) Where the Director is satisfied that any licence granted under this Regulation is lost, destroyed or accidentally defaced, the Director may, upon payment of the prescribed fee, issue a duplicate thereof. (L.N. 209 of 1983; L.N. 33 of 1987; L.N. 63 of 1988; L.N. 97 of 1989; L.N. 74 of 1990; L.N. 54 of 1991; L.N. 54 of 1992; L.N. 59 of 1993; L.N. 142 of 1994; L.N. 85 of 1995) (7) The Director may, by notice in the Gazette, exempt from the prohibition in subsection (1), either generally or in any particular case, any person who carries on any food business or class of food business mentioned in that subsection. (L.N. 181 of 1978) (8) An exemption granted under subsection (7) may be amended or revoked at any time by the Director by notice in the Gazette. (L.N. 181 of 1978) (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 32 Application for licence (1) Every application for a licence under section 31 shall be made in writing addressed to the Director and accompanied by 3 copies of a plan, as nearly as may be to scale, of the whole of the food premises (excluding a stall) to which such licence will relate, and, so far as may be applicable having regard to the nature of business, including the following particulars- (a) space allocated to the cooking, preparation or handling of open food; (b) space allocated to the storage of any kind of open food; (c) space allocated to the serving of meals to customers; (d) space allocated to the cleansing, drying or storage for ready use of utensils; (e) sanitary fitments and drainage works; (f) cloakrooms, passageways and open spaces; (g) all means of exit, entry and internal communication; (h) all windows or ducts providing ventilation or, in the case of ventilation by mechanical means, such means; (i) the siting of all furniture of a substantial and permanent nature, including food manufacturing or preparation plant, cooking ranges, refrigeration or cooling equipment, fixed sideboards, washbasins or sinks, drying racks, water tanks and other like equipment; (j) means of refuse storage and disposal; (k) space allocated to the thawing of frozen articles of food and to facilities for inspection and sampling of such food. (L.N. 125 of 1970) (2) Every plan submitted for approval under subsection (1) shall be accompanied by a statement in writing declaring- (a) the class of licence required; and where applicable- (b) the type of heating equipment and fuel intended to be used; and (c) the type and country of manufacture of any air conditioning plant intended to be installed.(3) Every plan or such modification thereof as is approved by the Director shall be endorsed to that effect and shall be signed by or on behalf of the Director and one copy shall be returned to the applicant and the remaining 2 copies shall be retained by the Director. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 33 Conditions for issue of licence (1) No full licence shall be granted under section 31 unless the Director is satisfied, in relation to the premises in respect of which the application for such licence was made, that- (L.N. 493 of 1995) (a) the plan referred to in section 32 has been approved by the Director and the premises conform thereto; (b) the means of ventilation provided, whether natural or mechanical or partly natural and partly mechanical, are sufficient in every part of the premises, other than any part used exclusively for storage purposes, to safeguard in that respect the maximum number of person likely to be in such part of the premises at any one time; (c) sanitary fitments are provided to a standard not less than that required by the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg.): Provided that in the case of any premises to which such regulations do not apply, the Director may approve such lesser standard as, having regard to considerations of public health and the circumstances of the case, he may consider adequate; (d) public mains water is laid on to the premises and that adequate tank storage suitably protected against access of dust and mosquitoes is provided: Provided that where the Director is satisfied that public mains water cannot reasonably be laid on, for all or any purpose, the Director may in his discretion approve such other water supply as, having regard to consideration of public health, he considers adequate; (e) no food room contains any soil fitment or latrine fitment or communicates directly with a room or other place which contains a soil fitment or latrine fitment; (f) the floors and internal surfaces of the walls of every food room to a height of not less than 2 m are surfaced with smooth light coloured non-absorbent material and the junctions between the walls and floors are coved; (L.N. 89 of 1979) (g) the ceilings of every food room are rendered impervious to dust; (h) in the opinion of the Director, the facilities for cleansing equipment and utensils used in the preparation, service or consumption of food on the premises are adequate having regard to the nature of the food business to be carried on; (i) except where adequate provision is made elsewhere, suitable and sufficient cupboard or locker accommodation is provided for clothing and footwear not worn during working hours of all persons engaged in the handling of food on or about the premises: Provided that- (i) this requirement shall not apply to food premises upon which no open food is handled; and (ii) this requirement may be waived or modified by the Director by notice in writing; (j) in the case of any restaurant (other than a restaurant selling only light refreshments) in respect of which- (i) a licence was granted before 1 February 1974; and (ii) since that date, no alteration has been made to the space allocated to the kitchen, the preparation of food or the seating accommodation, the space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in proportion to the space allocated to the seating accommodation than that prescribed in Schedule 4; (L.N. 212 of 1973) (ja) in the case of any restaurant (other than a restaurant selling only light refreshments) in respect of which a licence was not granted before 1 February 1974, the space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in area, or in proportion to the gross floor area, than that prescribed in Part I of Schedule 5; (L.N. 212 of 1973) (k) in the case of any light refreshment restaurant, in respect of which- (i) a licence was granted before 1 February 1974; and (ii) since that date, no alteration has been made to the space allocated to the kitchen, the preparation of food or the usable floor space, the total space allocated to the kitchen and the preparation in food and cleansing of utensils is not less in proportion to the usable floor space than that prescribed in Schedule 4; (L.N. 212 of 1973) (ka) in the case of any light refreshment restaurant in respect of which a licence was not granted before 1 February 1974, the total space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in area, or in proportion to the gross floor area, than that prescribed in Part II of Schedule 5; (L.N. 212 of 1973) (kb) in the case of any factory canteen, the total space allocated to the kitchen and the preparation of food and cleansing of utensils is not less in area, or in proportion to the gross floor area, than that prescribed in Part III of Schedule 5; (L.N. 175 of 1980) (l) the surface of every article of furniture referred to in section 17 is capable of being lit to a standard of not less than 90 lux, and the top plates of every stove and cooking range are capable of being lit to a standard of not less than 65 lux, either by natural or artificial lighting or partly by natural and partly by artificial lighting; and (L.N. 89 of 1979) (m) any heating equipment or air conditioning plant provided is properly installed and, having regard to the nature of the premises, is not likely to be dangerous. (2) Where the premises in respect of which such application is made are a vessel, the provisions of subsection (1) shall apply subject to such modification as is appropriate. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 33A Additional requirement for issue of licence for siu mei and lo mei shops No licence shall be granted by the Director in respect of a siu mei or lo mei shop unless the Director is satisfied that the premises in respect of which the application is made are not being used for the sale of fresh or chilled meat. (L.N. 125 of 1970; 10 of 1986 s. 32(2); L.N. 349 of 1998; 78 of 1999 s. 7; L.N. 220 of 2001) Cap 132X s 33B Compliance with fire safety requirements No licence shall be granted by the Director under section 31 unless the applicant for such licence produces to the Director a certificate from the Director of Fire Services and such other evidence as the Director may require to the effect that the premises in respect of which the application is made comply with any requirements issued by the Director of Fire Services. This section does not apply to the issue of a provisional licence under section 33C. (L.N. 238 of 1982; 10 of 1986 s. 32(2); L.N. 495 of 1993; L.N. 493 of 1995; 78 of 1999 s. 7) Cap 132X s 33C Provisional licence (1) The Director may on application grant a provisional licence permitting the carrying on of any food business mentioned in section 31(1) where the applicant satisfies the Director- (L.N. 349 of 1998) (a) that the conditions mentioned in sections 33(1)(b) to (i), (ja), (ka), (kb) and (m) and 33A have been complied with; and (b) that any requirements issued by the Director of Fire Services have been complied with. (L.N. 349 of 1998)(2) The Director shall not consider an application for a provisional licence unless the applicant has applied to the Director for a full licence for the carrying on of any food business mentioned in section 31(1) in respect of the same premises. (L.N. 349 of 1998) (3) A provisional licence shall be valid for a period of 6 months from and including the date of its issue. (4) A provisional licence may be renewed on one occasion, and only on one occasion at the absolute discretion of the Director. (5) A provisional licence that is renewed under subsection (4) shall be valid for a period of 6 months from and including the date of its renewal or such lesser period as may be specified in the provisional licence. (6) The fee for the grant or renewal of a provisional licence shall be half of the prescribed fee for a full licence. (7) If a full licence is granted before the expiry of a provisional licence, any refund of part of the fee paid in respect of the provisional licence will be made on a pro-rata basis. Any fraction of $1 in the refund shall count as $1. (L.N. 493 of 1995; 78 of 1999 s. 7) Cap 132X s 34 Restriction on alteration of premises or fittings after grant of licence After the grant or renewal of any licence under this Regulation, except with the written permission of the Director, no licensee shall, in respect of the premises in relation to which such licence was granted, cause or permit- (a) any alteration or addition which would result in material deviation from the plan approved under section 32; or (b) any alteration in respect of any matter specified in section 33; or (c) in relation to any heating equipment, any alteration of any part of such equipment or any change in the type of fuel used therein. (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 34A Transfer of licence Save with the consent in writing of the Director, a person to whom a full licence has been granted under section 31 or a provisional licence has been granted under section 33C shall not transfer his full or provisional licence to any person. (L.N. 493 of 1995; 78 of 1999 s. 7) Cap 132X s 34B Licensee to exhibit licence Where a licence is granted under this Regulation, the licensee shall exhibit and keep exhibited such licence at a conspicuous place near the entrance of the premises to which such licence relates. (L.N. 493 of 1995; 78 of 1999 s. 7) Cap 132X s 34C Food business otherwise than at the place delineated in the plan No licensee shall, save with the permission in writing of the Director, carry on or cause, permit or suffer to be carried on a food business at or from any place beyond the confines of the food premises as delineated on the plan approved under section 32 in respect of his licence. (L.N. 561 of 1996; 78 of 1999 s. 7) Cap 132X s 34D Alteration or addition to the matters specified in section 32(1) (1) No licensee shall, save with the permission in writing of the Director, make or cause, permit or suffer to be made any alteration or addition to the matters specified in the plan approved under section 32 in respect of the food premises. (2) No licensee shall, save with the permission in writing of the Director, add or cause, permit or suffer to be added within or to the food premises to which the licence relates- (a) space for any of the purposes specified in paragraph (a), (b), (c), (d) or (k) of section 32(1); or (b) sanitary fitments and drainage works, cloakrooms, passageways and open spaces, means of exit, entry and internal communication, windows or ducts (or means of ventilation), furniture of a substantial and permanent nature or means of refuse storage and disposal of the kind specified in paragraph (e), (f), (g), (h), (i) or (j) of section 32(1) respectively, which is or are not specified in the plan approved under section 32 in respect of the food premises. (L.N. 561 of 1996; 78 of 1999 s. 7) Cap 132X s 35 Offences and penalties PART V OFFENCES AND MISCELLANEOUS (1) Any person who- (a) contravenes any of the provisions of section 5(1), (2) or (3), 6, 7, 7A, 8, 9, 10, 10A(1), 10B(1) or (2), 11, 12, 12A(1), 13, 14, 15A, 17, 18, 19, 20, 21, 22, 23(1), 23A(1), 24(1) or (4), 25(2) or (3), 28, 29, 30(1), (1A), (1C), (1E) or (1G), 30A, 30B, 30C(1), 31(1), 34, 34A, 34B, 34C or 34D; (L.N. 121 of 1965; L.N. 247 of 1972; 61 of 1976 s. 7; L.N. 218 of 1984; L.N. 291 of 1987; L.N. 495 of 1993; L.N. 447 of 1994; L.N. 464 of 1994; L.N. 493 of 1995; L.N. 561 of 1996; L.N. 171 of 1998; L.N. 220 of 2001; L.N. 265 of 2001) (b) (Repealed L.N. 181 of 1978) (c) being a person engaged in the course of any food business, in any food room or in any room in which food is served or in the handling of open food- (i) fails to submit himself to medical examination when required to do so under section 24(2); or (ii) fails to cease to work or to take part in any food business when required to do so by the provisions of that subsection, shall be guilty of an offence. (2) In the event of any contravention of any of the provisions of section 15, 16 or 27, the licensee of the food business in relation to which the contravention occurred shall be guilty of an offence. (3) Any person who is guilty of an offence under this Regulation shall be liable on summary conviction to a fine and imprisonment as follows and, where the offence is a continuing offence, to an additional fine as follows for each day during which it is proved to the satisfaction of the court that the offence has continued- (a) in the case of an offence under section 29, 30(1), 30A or 31(1) a fine at level 5, imprisonment for 6 months and $900 for each day as aforesaid; (L.N. 454 of 1995; L.N. 177 of 1996; L.N. 171 of 1998; L.N. 220 of 2001; L.N. 265 of 2001) (aa) in the case of an offence under section 30(1A), (1C), (1E) or (1G), 30B or 30C(1) a fine at level 4; (L.N. 265 of 2001) (b) in the case of any other offence mentioned in subsection (1) or (2), or an offence under section 5(5), a fine at level 3, imprisonment for 3 months and $300 for each day as aforesaid. (L.N. 181 of 1978; L.N. 175 of 1980; L.N. 291 of 1987; L.N. 177 of 1996) (10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132X s 36 Name in which proceedings for offences 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 such offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director. (10 of 1986 s. 32(2); L.N. 362 of 1997; 78 of 1999 s. 7) Cap 132X s 37 Transitional arrangement for existing licence holders (1) The amendments in the Amendment Regulation apply, with effect from the specified date but not earlier, in relation to a holder of a licence which- (a) is granted under section 31 in respect of a fresh provision shop; and (b) is in force immediately before the commencement date and is in force on the specified date.(2) The amendments in the Amendment Regulation do not apply in relation to a holder of a licence which is granted under section 31 in respect of a fresh provision shop and which- (a) is in force immediately before the commencement date and is in force on that date; but (b) ceases to have effect on or before the specified date.(3) In this section- "Amendment Regulation" (《修订规例》) means the Food Business (Amendment) Regulation 2001 (L.N. 220 of 2001); "commencement date" (生效日期) means the date on which the Amendment Regulation comes into operation; "specified date" (指明日期) means the date next following the expiry of the period of 60 days beginning on the commencement date. (L.N. 264 of 2001) (L.N. 220 of 2001) Cap 132X Sched 1 PROHIBITED FOODS [section 29] (78 of 1999 s. 7) Item Description of food 1. The following Chinese dishes- Yu Sang (鱼生). 2. Fresh, chilled or frozen meat of animals which have not been slaughtered in a Government slaughterhouse or in a slaughterhouse approved by the Director except where such meat was lawfully imported into Hong Kong in accordance with the Imported Game, Meat and Poultry Regulations (Cap 132 sub. leg.). (78 of 1999 s. 7; L.N. 220 of 2001) 3. Shell fish which has been collected in contravention of section 28 of this Regulation. (78 of 1999 s. 7) (L.N. 78 of 1972; 10 of 1986 s. 32(2)) Cap 132X Sched 2 RESTRICTED FOODS [section 30] (78 of 1999 s. 7) Item Description of food 1. Fresh, chilled or frozen meat, excluding meat specified in Schedule 1 (L.N. 220 of 2001) 2. Fresh, chilled or frozen game (L.N. 220 of 2001) 3. Fresh, chilled, frozen or live fish, excluding live fish on a fish farm (L.N. 220 of 2001) 4. (a) Live water birds, excluding live water birds on a poultry farm or in a wholesale market (b) Other live poultry, excluding live poultry on a poultry farm or in a wholesale market (c) Fresh, chilled or frozen poultry carcass (L.N. 171 of 1998; L.N. 220 of 2001) 5. Fresh, chilled or frozen shell fish, excluding shell fish specified in Schedule 1 (L.N. 220 of 2001) 6. Imported cooked or dried meat or imported meat which has been otherwise treated or prepared 7. Imported intestines or other parts of any animal which are prepared in the form of sausage casings 8. Imported pies, sausages or other prepared or manufactured articles of food which contain any meat or cooked or dried meat other than fat 9. Milk or any milk beverage, being milk or a milk beverage to which the Milk Regulation (Cap 132 sub. leg.) apply, other than sterilized milk or milk beverage approved under section 4(2) thereof (78 of 1999 s. 7) 10. (a) Soft ice cream (b) Other frozen confections 11. Chinese herb tea 12. Non-bottled drinks 13. Siu Mei (烧味) or Lo Mei (卤味) 14. Cut fruit 15. Leung Fan (凉粉) 16. Man Tau Lo (馒头箩) 17. Food sold by means of a vending machine 18. Sashimi (L.N. 407 of 1996) 19. Sushi (L.N. 407 of 1996) 20. Oyster to be eaten in raw state (L.N. 407 of 1996) 21. Meat to be eaten in raw state (L.N. 1 of 1999) (L.N. 142 of 1994; L.N. 85 of 1995) Cap 132X Sched 3 (Repealed L.N. 85 of 1995) Cap 132X Sched 4 APPORTIONMENT OF SPACE IN RESTAURANTS [section 33(1)(j) & (k)] (78 of 1999 s. 7) PART I Class B1 restaurants Seating accom. in m2 Kitchen accom. in m2 Aggregate area of kitchen, food preparation room and scullery accom. in m2 65 or less Not less than 6 Not less than 1/2 of the total area of seating accommodation. 66-75 " " " 10 Not less than 33 m2 76-85 " " " " " " " 34 " 86-95 " " " " " " " 35 " 96-100 " " " " " " " 36 " 101-110 " " " " " " " 37 " 111 or over " " " 14 Not less than 1/3 of the total area of seating accommodation. PART II Class B2 restaurants Usable floor space in m2 Minimum aggregate area of kitchen, food preparation room and scullery accom. in m2 22 or less 5m2 23-35 22 1/2% of usable floor space or 7 m2whichever is the less. 36-55 20% of usable floor space or 9 m2 whichever is the less. 56-95 16% of usable floor space or 14 m2 whichever is the less. 96-185 15% of usable floor space or 19 m2whichever is the less. 186 or over 10% of usable floor space or 28 m2 whichever is the less. Note: The usable floor space is the aggregate floor area of the restaurant excluding any offices, store-rooms, staircases, staircase halls, lift landings (up to a maximum of 5 m2), space used in providing water closet fitments, urinals and lavatory basis, and any space occupied by machinery for any lift, air-conditioning system or similar service. (L.N. 125 of 1970) (L.N. 89 of 1979; L.N. 495 of 1993) Cap 132X Sched 5 APPORTIONMENT OF SPACE IN RESTAURANTS AND FACTORY CANTEENS [section 33(1)(ja), (ka) &(kb)] (78 of 1999 s. 7) Ratio of Food Preparation Space, Scullery and Kitchen Area to Gross Floor Area PART I Class B1 restaurants Gross floor area in m2 Minimum kitchen area in m2 Minimum aggregate area of kitchen, food preparation room and scullery accommodation in m2 100 or less 6 30% of gross floor area, but not less than 9 m2 101-150 10 25% of gross floor area, but not less than 27 m2 151-250 10 23% of gross floor area, but not less than 36 m2 251 or over 14 21% of gross floor area, but not less than 54 m2 PART II Class B2 restaurants Gross floor area in m2 Minimum aggregate area of kitchen, food preparation room and scullery accommodat