Replies to LegCo questions
LCQ2: Hygiene of food utensils of food premises
Following is a question by the Hon Steven Ho and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative
Council today (February 12):
Question:
Section 6 of the Food Business Regulation (Cap. 132 sub. leg. X)
stipulates that "[e]very 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". Yet, some members of the public have recently complained to
me that the food utensils of quite a number of eateries are unsanitary
(e.g. the bamboo steamers are mouldy or have dead cockroaches in them),
posing hazards to public health. In this connection, will the Government
inform this Council:
(1) of the total number of complaints received by the authorities in the
past three years about unclean food utensils of eateries; the details of
the follow-up actions taken by the authorities (including the number of
inspections of such eateries, the number of laboratory tests on food
utensils and the number of prosecutions instituted), and the penalties
imposed on the persons concerned; whether the authorities have kept
records of breakdowns of the complaints and prosecutions regarding the
hygiene of food utensils; if they have, of the details;
(2) of the number of complaints received by the authorities in the past
three years about unclean bamboo steamers of eateries, as well as the
number and details of the law enforcement actions taken in respect of
such complaints; the hygiene standards set by the authorities for this
type of food utensils, the measures in place to ensure compliance with
such hygiene standards by eateries, and whether the authorities have
assessed the hygiene conditions of bamboo steamers of eateries at
present; and
(3) as there are views that Hong Kong people nowadays attach increasing
importance to the hygiene of eateries, whether the authorities will
review the existing legislation for regulating the hygiene of food
utensils of eateries, and step up law enforcement actions, so as to
ensure that the hygiene level of food utensils meets public
expectations; if they will, of the details; if not, the reasons for
that?
Reply:
President,
The Food and Environmental Hygiene Department (FEHD) regularly monitors
the hygienic conditions of food premises, including the cleanliness of
food utensils used in the course of business. Under the Risk-based
Inspection System (RBIS) adopted by the FEHD, food premises are
classified into different risk types and the inspection frequencies are
determined by reference to the risk potential of individual food
premises. Food premises classified as low, medium and high risk types
are inspected once every 20, 10 and 4 weeks respectively. During their
regular inspections of food premises, health inspectors of the FEHD will
check various aspects including the hygienic conditions of the premises
(in respect of the food, food handlers, conditions of the premises);
cleanliness and maintenance of equipment and food utensils, pest
control; and waste disposal with a view to ensuring that the licensees
comply with the licensing requirements and conditions and conform with
the law in carrying on business. The health inspectors also provide
relevant health education to members of the trade.
Under the Food Business Regulation (Cap. 132 sub. leg. X), every person
who carries on any food business shall ensure that all equipment and
utensils are kept clean and free from noxious matters. Food utensils and
containers which have not been washed clean and sterilised should not be
used, while cleansed and sterilised food utensils and containers that
are not to be used immediately should be stored in cupboards which have
been rendered proof against the access of dust, insects and vermin. Upon
detection of any breaches of the relevant requirements by food premises,
the FEHD will issue warning to or institute prosecution against the
licensee as appropriate. In accordance with the Demerit Points System
implemented by the FEHD, a prescribed number of demerit points will be
registered against the licensee upon conviction of any offence committed
under the relevant legislation. Where sufficient demerit points have
been registered against a food business licence within a period of 12
months, the licence will be subject to suspension or cancellation by the
FEHD.
My reply to the question regarding the cleanliness of food utensils used
at food premises is as follows:
(1) Upon receipt of complaints relating to the operation of food
premises, officers of the FEHD will visit the food premises in question
to conduct investigation. FEHD officers will examine the surfaces and
the general conditions of food utensils used and also the equipment for
storage and sterilisation of food utensils to ascertain if hygiene
requirements are met. If the utensils used in the course of the food
business are found to be unclean, FEHD officers will take follow-up
actions as appropriate, such as issuing warnings to or instituting
prosecutions against the licensee and requiring the licensee to make
immediate rectifications. Since the concern of the FEHD is whether food
is safe for consumption, the Department will arrange for laboratory
analysis or testing of the food concerned rather than the food utensils
or containers, to determine if consumption of the food will be rendered
unsafe due to contamination or presence of foreign substance.
According to the Food Business Regulation, in the event of any
contravention of the provisions on the hygiene of food utensils, the
offender shall be liable to a maximum penalty of a fine of $10,000 and
imprisonment for three months. The number of complaints received and the
number of prosecutions instituted by the FEHD relating to unclean food
utensils used at food premises over the past three years are set out in
Table 1 and Table 2 respectively.
(2) While food utensils made of various materials may be used in food
premises, the licensees must take appropriate measures to ensure that
the food utensils used in the course of business are kept clean and
hygienic.
Among the complaints received by the FEHD relating to the hygiene of
food utensils used in food premises over the past three years, only one
case involved bamboo steamers (see Table 1).
A special inspection conducted by the FEHD to food premises recently for
the purpose of monitoring the use of bamboo steamers revealed that the
situation is satisfactory. No unclean bamboo steamer was found being
used by the food premises in the course of business. Notwithstanding
this, the FEHD has issued letters to the licensees concerned to provide
health education on the use of bamboo steamers, with advice on matters
such as washing and sterilising the bamboo steamers after each use
before they are used to hold food for serving customers again; checking
the conditions of the bamboo steamers regularly; and discarding those of
poor condition and not in proper repair.
(3) The cleanliness, sterilisation and storage of food utensils and
containers used in the course of food business are governed by the Food
Business Regulation. To maintain food hygiene, relevant licensing
requirements and conditions are stipulated to require food premises to
be equipped with scullery and sterilisation facilities for cleansing and
sterilising food utensils and containers. During regular inspections to
licensed food premises, health inspectors of the FEHD will ensure that
the licensees comply with the licensing requirements and conditions as
well as the hygiene standards prescribed under the law. Licensees or
operators in contravention of the relevant legislation are liable to be
prosecuted by the FEHD. In addition, upon detection of breaches of the
relevant conditions by the licensees or operators, the FEHD will issue
verbal or written warnings to them for rectification actions. If a
licensee fails to rectify the irregularities or repeats the breaches,
the FEHD will consider cancelling the licence.
The current legislation governing food utensils provides that all
utensils used in the course of food business shall be kept clean and
free from noxious matters and in proper repair and free from cracks or
chippings. It is also provided that all utensils shall be washed clean
and sterilised before use and shall be properly stored. Besides, the
FEHD has stipulated licensing requirements and conditions in respect of
the hygiene of food utensils of licensed food premises with the aim to
fully safeguard the hygiene of food utensils of food premises.
The FEHD will continue to monitor the conditions of food utensils used
in the course of business at food premises and will take more stringent
enforcement actions against irregularities, with a view to ensuring that
food utensils of food premises are kept clean and hygienic in order to
safeguard public health.
Ends/Wednesday, February 12, 2014
Issued at HKT 16:15
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LCQ2 Annex