Replies to LegCo questions
LCQ12: Prepackaged food labels
Following is a question by the Hon Li Wah-ming and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(March 11):
Question:
To avoid the health of consumers being affected due to inappropriate use of
prepackaged foods, the Food and Drugs (Composition and Labelling) Regulations
(Cap. 132 sub. leg. W) provide that "Where special instructions are needed in
order that appropriate use may be made of a prepackaged food, such instructions
shall be legibly marked or labelled on the food". However, the labels on
preparation method of certain brands of milk powder produced in Japan, which are
on sale in Hong Kong, are in Japanese only. Furthermore, smoking points vary
with different types of olive oils, and carcinogenic substances will be produced
when products with low smoking points are cooked at a high temperature. Yet,
relevant descriptions or instructions are not labelled on some of these
products. In this connection, will the Government inform this Council:
(a) whether it has assessed if the aforesaid examples comply with the
requirement of the above provision; if the assessment result is in the negative,
of the reasons for that;
(b) whether there was any food manufacturer or agent prosecuted in the past
three years for selling prepackaged foods not in compliance with the requirement
of the above provision; if so, of the number of such cases each year, and the
penalties imposed on the convicted persons; and
(c) how the Government monitors if the food manufacturers and agents concerned
comply with the requirement of the above provision?
Reply:
President,
(a) Schedule 3 of the Food and Drugs (Composition and Labelling) Regulations
(Cap. 132W) (the Regulations) stipulates that where special instructions are
required for the storage or in order that appropriate use may be made of a
prepackaged food, such instructions shall be legibly marked or labelled on the
food. Such expression can be made in either the English or the Chinese language
or in both languages.
Whether special instructions are required for the storage or use of a food
depends on a number of factors, including the ingredients used, the method of
preparation, how the food is consumed, and characteristics of the population
group who will consume the food, etc. Food manufacturers are best acquainted
with the details and properties of the food they produce, and they are also
responsible for providing consumers with sufficient instructions for the storage
and consumption of the food.
With regard to law enforcement, the Food and Environmental Hygiene Department (FEHD)
will take into account various factors when determining whether prepackaged food
should be marked or labelled with appropriate instructions for use, such as the
nature of the prepackaged food, the general knowledge of consumers about the
food and whether inappropriate use will cause food safety problems, etc. In
short, if food safety problems may arise when special instructions for use are
not followed, the food trade is required to mark or label the food with such
instructions. On the other hand, for methods of use that are generally known to
the average consumers (such as meat must be cooked before consumption) or
methods of use that do not concern food safety (such as method of preparing
general beverages for adults by diluting drink mixes), special instructions are
not necessary.
As for infant formula, the trade is required to indicate the appropriate methods
of preparation on the food labels in either the English or the Chinese language
or in both languages, in accordance with the requirements stipulated in Schedule
3 of the Regulations, so as to prevent health problems caused by the consumption
of inappropriately prepared milk. For instance, there may be adverse effects on
an infant's health and growth due to excessive or insufficient intake of energy
or nutrients. Regarding the possible health problems caused by cooking oil
(including olive oil) heated at high temperature, there is as yet no definite
scientific evidence showing that the derivatives produced by heating cooking oil
will cause cancer in human. Nevertheless, the Administration has conducted risk
assessment studies to address the concern on cooking food at high temperatures
and provided relevant information on food safety to the public.
(b) From January 2006 up to the present, the FEHD issued about 240 warning
letters and took out 150 prosecutions in relation to the requirements on food
labelling under Schedule 3 of the Food and Drugs (Composition and Labelling)
Regulations (Cap. 132W) (e.g. indication of appropriate durability, list of
ingredients, etc.). Amongst these cases, in 2008, the FEHD found three types of
Japanese infant formula with indications of their methods of preparation in
Japanese only, which was in breach of the requirement on special instructions
for use under Schedule 3 of the Regulations. The FEHD issued warning letters to
the retailers concerned who have subsequently re-labelled the infant formula
appropriately or stopped selling the products. The maximum penalty for breaching
the Food and Drugs (Composition and Labelling) Regulations is a fine of $50,000
and imprisonment for six months.
(c) FEHD will monitor through a surveillance programme on whether food for sale
in the local market complies with the Food and Drugs (Composition and Labelling)
Regulations. FEHD checks about 55,000 prepackaged food labels annually. Items
checked include name or designation of food, list of ingredients, indication of
appropriate durability, name and address of manufacturer or packer, statement of
special conditions for storage or instructions for use, etc. FEHD will issue
warning letters or take out prosecutions for contravention of the Regulations.
Besides, the public may file a complaint to FEHD for problems related to food
labelling.
Ends/Wednesday, March 11, 2009
Issued at HKT 16:32
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