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Hong Kong

A. Liquors

1. Does it need licience for selling red wine in Hong Kong?

The Legislative Council has passed the legislative amendments to the Dutiable Commodities Ordinance, Cap.109. The new law will take effect on 6 June 2008. The main purpose of the legislative amendments is for giving effect to the Budget proposals on reducing the duties rates of (a) wine; and (b) liquor with an alcoholic strength of not more than 30% by volume measured at a temperature of 20°C (hereafter referred as "specified goods") to zero, and removing licensing/permit arrangements related to duty collection.

Source: Customs and Excise Department (Hong Kong).

2. Is it necessary to apply for licence and permit regarding the zero-rated duty liquors?

The zero-rated duty liquors are regarded as duty-paid goods. As such, no licence and permit is required for the import, export or removal of these liquors.

To facilitate the customs clearance on the specified goods, traders (be it the importers/exporters, forwarding agents, carriers etc.) are encouraged to provide clear description in the freight/shipping documents on the type of liquor (e.g. being brandy, whisky, gin, etc.), and the alcoholic strength of the respective consignment.

Source: Customs and Excise Department (Hong Kong).

3. After applied for an Import and Export Licence, does it have to be informed the Customs every time when import or export dutiable commodities?

Yes, you have to apply for a permit every time you import, export or remove the dutiable commodities from one place to another.

Source: Customs and Excise Department (Hong Kong).

4. Is it necessary to apply for liquor licence to sell liquor at any premises?

In accordance with the laws of Hong Kong, any person who intends to sell liquor at any premises for consumption on the premises must obtain a liquor licence before commencement of such business.

Source: Liquor Licensing Board (Hong Kong).

5. How to apply for liquor licence?

Each applicant is required to complete three copies of an application form and return them with the following documents:

(a) a copy of the applicant's identification document;
(b) 3 copies each of the business registration certificate of the restaurant and company (if the establishment under application is a corporation);
(c) 4 recent photographs of the applicant (passport size);
(d) 3 copies of a layout plan of the premises with clear indication of the area used for dancing, if any;
(e) a copy of the certificate of incorporation if the owner of the establishment under application is a corporation; and
(f) a copy of the full or provisional general/light refreshment/marine restaurant licence, if available.

After submission of an application, applicant may be required to attend an interview to be arranged by the Secretary, Liquor Licensing Board for the purpose of further verifying the information provided in the application form and other matters relating to the application.

All applications are referred to the Commissioner of Police and the District Officer concerned for comments. For club liquor licence application, the application is referred to the Office of the Licensing Authority, Home Affairs Department for comments if an application for a Certificate of Compliance in respect of the club is being processed by the Office.

Public opinion is also sought and this is done by placing an advertisement, at the applicant's expense, in three newspapers (other than in the classified advertisement column) in accordance with the requirements and standard format provided by the licensing offices.

The application forms can be download from LLB website (http://www.fehd.gov.hk/LLB_web/llb_index.html).

Source: Liquor Licensing Board (Hong Kong).

 

B. Edible Oil

1. What are the food labelling requirements for pre-packaged food in Hong Kong?

Reference shall be made to Schedule 3 to the Food and Drugs (Composition and Labelling) Regulations (Cap. 132W), which generally states that unless there is exemption in the Regulations or otherwise stated, the following information should be marked in either English or Chinese language or in both languages on the label of prepackaged food: (If Chinese and English languages are used in labelling, the food name and the ingredient list of the prepackaged food shall be labelled in both languages.)

(1) Name of the Food
The food name shall not be false, misleading or deceptive. It should also serve to make the nature and type of food known to the purchaser.

(2) List of Ingredients
(i) Preceded by an appropriate heading consisting of the words "ingredients", "composition", "contents" or words of similar meaning, the ingredients shall be listed in descending order of weight or volume determined as at the time of their use when the food was packaged.
(ii) Declare the presence of any of the eight substances, namely cereals containing gluten; crustacea and crustacean products; eggs and egg products; fish and fish products; peanuts, soybeans and their products; milk and milk products (lactose included); tree nuts and nut products; and sulphite in concentrations of 10 parts per million or more, which are known to cause allergy.
(iii) If an additive constitutes one of the ingredients of a food, it should be listed by both the functional class and the specific name or the identification number under the International Numbering System for Food Additives adopted by the Codex Alimentarius Commission.

(3) Indication of "use by" or "best before" Date
Use either the words "use by " or "best before ", as the case may be, followed by the date up to which specific properties of the food can be retained, to indicate the shelf life of the food.

(4) Statement of Special Conditions for Storage or Instructions for Use
If special conditions are required for storage to retain the quality or special instructions are needed for the use of prepackaged food, a statement should be legibly marked on the label.

(5) Name and Address of Manufacturer or Packer
The prepackaged food should be legibly labelled with the full name and full address of the manufacturer or packer, or otherwise in accordance with the requirements as stipulated in the Regulations.

(6) Count, Weight or Volume of Food
The food label should include the numerical count or net weight or net volume of the prepackaged food.

Source: Centre for Food Safety (Hong Kong).

2. For single ingredient product such as tea bag, coffee, olive oil, is it acceptable not to provide the ingredient list? For example, a package of English Breakfast Tea Bags marked on the packaging that it contains a blend of Ceylon and Indian tea. Is it acceptable not to provide an ingredient list stating: Ceylon tea leaves and Indian tea leaves?

If any food contains more than one ingredient, it is necessary to specify all the ingredients in the ingredient list. In this example, an ingredient list is required.

Source: Centre for Food Safety (Hong Kong).

3. Does import of food into Hong Kong require prior approval?

Import requirements for food are imposed for public health reasons. Certain high risk imported food like game, meat and poultry, milk and milk beverages, frozen confections are governed by subsidiary legislation of the Public Health and Municipal Services Ordinance (Cap. 132). Import of game requires the prior permission of our Department and import of meat and poultry is confined to sources recognised by the Department. To facilitate release of consignments, importers are encouraged to provide health certificates issued by health authorities of exporting countries. Importation of foodstuffs other than the above mentioned high risk food does not require prior approval.

Source: Centre for Food Safety (Hong Kong).

4. Is there any guideline for import of food into Hong Kong?

At present, the importation of foods other than milk, frozen confections including ice cream, meat, poultry and game does not require this Department's prior written permission or licence. Our Department has issued the following guidelines for the food importers:

• Guide to Import of Mainland Chilled Chickens into Hong Kong
• Guide to Import of Food into Hong Kong
• Guide to Import of Milk and Milk Beverages into Hong Kong
• Guide to Import of Frozen Confections into Hong Kong
• Guide to Import of Game, Meat and Poultry into Hong Kong
• Guide to Import of Marine Products into Hong Kong
• Guide to Application for Import Licence for Frozen Meat, Chilled Meat, Frozen Poultry and Chilled Poultry
• A Guide to Application for Health Certificate for Foods of Animal Origin
• Monitoring Pesticides Residues in Food

The above guidelines are available at http://www.cfs.gov.hk/english/import/import_icfsg.html.

In addition, food trades are advised that all foods for sale in Hong Kong, whether imported or locally produced, shall comply with Part V (Food and Drugs) of the Public Health and Municipal Services Ordinance (Cap. 132) and its subsidiary legislation, and that they shall be fit for human consumption. It is recommended that every imported consignment of the food to be accompanied by a health certificate issued by the relevant health authority of the country of origin certifying that the food product is fit for human consumption.

Source: Centre for Food Safety (Hong Kong).

5. Can Tertiary butylhydroquinone(TBHQ) be used as antioxidants in edible oils and fats ?

According to the Preservatives in Food(Amendment) Regulations(Cap. 132 BD), TBHQ not exceeding a permitted level is allowed to be used as an additive in fats and oils in Hong Kong.

Source: Centre for Food Safety (Hong Kong).

6. Can brominated vegetable oil (BVO) be used in food in Hong Kong?

BVO is a food additive used in flavouring for beverages. JECFA (Joint FAO/WHO Expert Committee on Food Additives) has evaluated the safety of BVO and concluded that it should not be used as food additive. BVO is not permitted to be used in Hong Kong.

Source: Centre for Food Safety (Hong Kong).

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