Replies to LegCo questions
LCQ12: Mechanism for handling food incidents
Following is a question by the Hon Charles Peter Mok and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today
(November 12):
Question:
The Food Safety Ordinance (Cap. 612) came into full operation in 2012. The
Ordinance introduces a food tracing mechanism enabling the authorities to
identify the sources of food more effectively and take prompt actions when
dealing with food incidents. The food tracing mechanism includes the setting up
of a registration scheme for food importers and food distributors (food traders)
and a requirement for food traders to maintain food transaction records.
However, some members of the public have pointed out that the recent incident of
substandard edible lard from Taiwan revealed that the food tracing mechanism
currently in place has failed to trace the sources and distribution of
substandard lard expeditiously. In this connection, will the Government inform
this Council:
(1) whether it will consider amending the relevant legislation to require food
traders to make public their records on the acquisitions and supplies of food,
raw materials or ingredients, as well as establishing an electronic database on
food safety, so that the authorities and consumers will have better access to
information on food manufacturers or suppliers, thereby enhancing the management
of food safety information in Hong Kong; if it will consider, of the details; if
not, the reasons for that;
(2) given that the radio frequency identification (RFID) technology has been in
use in Hong Kong for years, which government departments are currently applying
the RFID technology in their provision of services; whether it has conducted any
study on the application of RFID technology to enhance the efficiency of the
food tracing mechanism; if it has conducted such a study, of the details; if
not, the reasons for that; and
(3) whether it will allocate additional resources to assist food traders in
applying the RFID technology in such areas as food testing and maintenance of
transaction records?
Reply:
President,
The Food Safety Ordinance (Cap. 612) (the Ordinance) came into full operation on
February 1, 2012. The Ordinance introduces a food tracing mechanism to enable
the Centre for Food Safety (CFS) of the Food and Environmental Hygiene
Department (FEHD) to identify the source of food effectively and take prompt
action when dealing with food incidents in order to safeguard public health. The
mechanism consists mainly of the following components:
(a) a registration scheme for food importers and food distributors; and
(b) a requirement for food traders to maintain proper transaction records to
enhance food traceability.
The Ordinance also empowers the Director of Food and Environmental Hygiene
(DFEH) to request traders which may be affected by food incidents to submit
information on the trading and use of the relevant products within the time
limits set.
My reply to the question is as follows:
(1) Under sections 21 to 24 of the Ordinance, a person who, in the course of
business, imports or acquires food in Hong Kong must keep records of
transactions with businesses from which the food was acquired. A person who, in
the course of business, supplies food by wholesale must also keep records of
transactions with businesses to which the food was supplied. Those who fail to
do so commit an offence and are liable to a maximum fine of $10,000 and
imprisonment for three months. According to the Ordinance, food also includes
articles and substances used as ingredients in the preparation of food. Food
manufacturers are therefore also required to keep records of the relevant
transactions when they acquire raw materials.
Under section 27 of the Ordinance, DFEH may, for the purpose of exercising
powers or performing functions under the Ordinance, require to inspect, make a
copy of or take an extract from a record kept by these food traders. Section 28
of the Ordinance stipulates that DFEH may disclose to the public any information
contained in such a record if DFEH is satisfied that public disclosure of the
information is necessary for the protection of public health.
While the Ordinance does not specify a time limit for submission of such
information, section 40(1) of the Interpretation and General Clauses Ordinance
(Cap. 1) stipulates that "where any Ordinance confers upon any person power to
do or enforce the doing of any act or thing, all such powers shall be deemed to
be also conferred as are reasonably necessary to enable the person to do or
enforce the doing of the act or thing". As such, DFEH may, in requiring the
person concerned to submit the information required under section 27 of the
Ordinance, stipulate a reasonable time limit, which may be as short as 24 hours
where necessary, having regard to different urgencies of individual cases. Thus,
DFEH is currently vested with sufficient power to require food importers or food
distributors to provide transaction records within a reasonable time limit.
Those who fail to submit the information to DFEH within the specified time
commit an offence and are liable to a maximum fine of $10,000 and imprisonment
for three months.
In response to the substandard lard incident in Taiwan, CFS has organised three
dedicated briefing sessions. In those sessions, CFS reminded the food trade to
arrange their transaction records systematically to ensure that the relevant
information may be submitted within the timeframe specified by DFEH as
necessary. CFS also reminded the trade that depending on the urgency of the
matter, DEFH may require food traders to submit the records and information
within a minimum of 24 hours. In addition, CFS has liaised with the trade on
enhancing the communication mechanism by requiring food importers and
distributors to provide information of at least one contact person, and 24-hour
contact telephone number and a mobile phone number for getting in touch with the
contact person(s) during office / non-office hours in case of emergency food
incidents. This will enable CFS to make immediate contact with the relevant
traders when necessary to obtain the required information, in order to safeguard
food safety.
As such, the current food tracing mechanism established under the Ordinance has
already enabled CFS to trace the source and distribution of food products
effectively, to assess the scale of food incidents and the movement of the food
products in question accurately, as well as to trace, mark and seal the food
products which may be affected, so as to prevent further sale of problem food
products which may pose risk to public health. Therefore, we consider that the
suggestion of requiring food traders to make public their records on the
acquisition and supply of food, raw materials or ingredients will have little
effect on further enhancing food safety.
As for the suggestion of establishing an electronic database on food safety, the
Government, the trade and consumers can effectively obtain information on food
traders at present through the Ordinance. Sections 4 and 5 of the Ordinance
require any food importer / distributor to register with DFEH as food importer /
food distributor. Those who fail to do so commit an offence and are liable to a
maximum fine of $50,000 and imprisonment for six months. Under section 15 of the
Ordinance, for the purpose of enabling members of the public to ascertain
whether a person is registered under the Ordinance as a food importer /
distributor, DFEH must make the register of registered food importers and
registered food distributors available for public inspection. To facilitate the
trade and consumers to acquire information on the traders concerned, the
register has been uploaded to a dedicated webpage set up by CFS for the
Ordinance (www.foodsafetyord.gov.hk).
It is also available for inspection at two offices managed by CFS.
(2) and (3) Regarding the application of radio frequency identification (RFID)
technology, various government departments have adopted the technology in
providing services, for example the Electrical and Mechanical Services
Department, FEHD, the Department of Health, the Housing Department, the
Immigration Department, the Leisure and Cultural Services Department, the
Hongkong Post and the Transport Department.
On the application of RFID technology in source traceability of agricultural
products, FEHD and the Guangdong Entry-Exit Inspection and Quarantine Bureau has
since 2006 launched a trial programme on identification of live pigs supplied to
Hong Kong from Guangdong by means of electronic ear tags with RFID functions,
with a view to strengthening the tracking of Mainland live pigs supplied to Hong
Kong from source to slaughtering. After discussion, the two sides subsequently
decided to explore the feasibility of extending the application of RFID
technology to the tracking of live cattle supplied to Hong Kong from Guangdong
and the pilot programme was launched in April 2013. The two sides will sum up
the experience and then decide on the way forward for the application of RFID
technology on live cattle and live pigs supplied to Hong Kong.
The Hong Kong R&D Centre for Logistics and Supply Chain Management Enabling
Technologies (LSCM) established by the Innovation and Technology Commission is
responsible for driving and co-ordinating applied research and development
efforts and promoting commercialisation in the scope of the logistics and supply
chain management enabling technology areas, including RFID technology. LSCM has
assisted local and the Mainland trades (including the food trade) to use RFID
technology for enhancing their competitiveness. Food traders who are interested
in applying RFID technology in food testing and maintenance of transaction
records may contact LSCM. LSCM will provide tailor-made research and
consultative services to meet their needs.
Ends/Wednesday, November 12, 2014
Issued at HKT 16:32
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