Replies to LegCo questions
LCQ19: Online food sale
Following is a question by the Hon Chan Hak-kan and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today
(December 2):
Question:
In recent years, buying fresh or frozen food on the Internet has become popular
among Hong Kong people. Earlier on, the Consumer Council has examined over 40
local shops selling fresh food products online (online shops) and found that
only 11 of them have provided on their web sites information on how they ensure
freshness of food during delivery, and that varying methods were adopted by
online shops for freezing and delivering chilled food and food for raw
consumption. Notwithstanding that food safety hazards might be caused by
improper handling of food by online shops, the authorities instituted merely 35
prosecutions under the Food Business Regulation (Cap. 132 sub. leg. X) from June
2012 to September this year against unlicensed food premises selling food
online. Regarding the regulation of the sale of food online, will the Government
inform this Council:
(1) as the authorities have indicated that they will step up the regulation of
the sale of food online, of the framework and implementation timetable of the
relevant plan;
(2) as the Consumer Council has pointed out that it is often difficult for
consumers to differentiate whether an online shop has been issued with the
relevant licences or written permission, whether the Government will consider
stepping up sample laboratory tests on food sold by the online shops and sparing
no efforts in tracing the sources of food found to be unfit for human
consumption; if it will, of the details; if not, the reasons for that;
(3) as the Consumer Council has pointed out that varying methods have currently
been adopted by online shops for freezing and delivering food, whether the
authorities will consider adding provisions to the relevant food business
licences to stipulate that online shops selling food of high risk, such as meat,
milk, sashimi and oysters for raw consumption, are required to comply with a set
of guidelines on freezing, packaging and delivery so as to ensure food safety;
if they will, of the details; if not, the reasons for that; and
(4) whether it will consider following the practice on the Mainland to require
online trading platforms to register online shops under their real names to
facilitate the liaison and tracing efforts of the Centre for Food Safety, so as
to step up the regulation of the sale of food online; if it will, of the
details; if not, the reasons for that?
Reply:
President,
With the prevalence of e-commerce, buying and selling food via the Internet or
social media platforms have become more popular in recent years, posing
challenges to the regulatory approach of the food trade. Food items sold online
vary in quality and information about their sources may not be known, which may
be potentially hazardous to public health, and not conducive to law enforcement
and source traceability. The Government is highly concerned about the food
safety risks and the law enforcement difficulties brought by online food sale.
In fact, our existing legislation regulates different aspects relating to food
safety and food trade operations, including electronic or through other means.
The Food Safety Ordinance (Cap. 612) provides for a registration scheme for food
importers and distributors, and statutory requirements to maintain transaction
records, so that in the event of a food incident, the Government can trace the
sources and points of sale of the food concerned and deal with the incident
effectively to protect public health. In addition, the Public Health and
Municipal Services Ordinance (Cap. 132) also stipulates that all food for sale
in Hong Kong should be fit for human consumption, irrespective of whether the
business is conducted online or in the traditional manner.
(1) For online food sale, relevant licences or written permission should be
obtained from the Food and Environmental Hygiene Department (FEHD), having
regard to the modes of operation and food types for sale. Under the Food
Business Regulation (Cap. 132X), any person who carries on any food business
which involves the preparation of food for sale for human consumption off the
premises must obtain a food factory licence. The Food Business Regulation also
stipulates that save with the written permission of the Director of Food and
Environmental Hygiene, no person shall sell any restricted foods specified in
Schedule 2 to the Regulation, including sashimi, sushi and oysters to be
consumed in raw state. Food premises must meet the relevant licensing
requirements to be granted a licence or permit.
FEHD has been monitoring online food sale activities. If an unlicensed food
business is suspected to be involved in selling any food for human consumption
online, or the food is from a suspicious source, FEHD officers will conduct
investigations and take follow-up action accordingly, including posing as
customers (conducting covert operations) to collect information and evidence.
Should there be sufficient evidence, the FEHD will initiate prosecution.
To further safeguard food safety, the FEHD is planning to impose new conditions
on premises with food business licences or permits (new conditions), requiring
licensees or permit holders selling food online to display their licence or
permit numbers and business addresses on their websites and publicity materials
for verification by consumers. Besides, under the conditions of the licences or
permits, licensees/permit holders are required to ensure food hygiene and safe
and proper storage temperature at all times during delivery of food to
customers. The above conditions will be imposed starting from the first quarter
of 2016 and applicable to newly issued licences or permits with immediate
effect. FEHD will also impose the same conditions on existing licences or
permits when they are renewed. For operators selling "restricted foods" online
without a physical premise, FEHD is preparing a new set of permits including the
above new conditions for compliance by these operators when they apply for the
relevant permits. We will introduce this new measure by accepting applications
in the first quarter of 2016.
(2) The new conditions will stipulate that an operator is required to display
the licence or permit number, business addresses and the category of the
restricted foods permitted, on the website and publicity materials of the
business, so as to indicate that FEHD has granted the permission. Consumers can
also verify the information on the FEHD's website before purchase.
The Centre for Food Safety will continue to step up sampling of food sold online
for chemical and microbiological tests. As at mid-November 2015, over 1 300 such
food samples were taken for testing. The results of all samples tested were
satisfactory. We will continue to strengthen our work in surveillance, law
enforcement and public education in respect of food sold online.
(3) The new conditions will stipulate that restricted foods (such as meat, milk,
sashimi, sushi and oysters) sold online must be obtained from lawful sources.
The permit holders should also ensure that the food products will not be
contaminated or tampered with during transportation, and that they will be
stored at a safe and proper temperature at all times. For example, chilled meat
must be kept at 0°C or below, while sashimi must be kept between 0°C and 4°C and
separated from other foods. In addition, pre-packaged food must be properly
labelled in accordance with the Food and Drugs (Composition and Labelling)
Regulations (Cap. 132W), and delivered to customers in the original pre-packed
form.
(4) Food safety and food trade operations, including food operations through
electronic or other means, are regulated by our existing legislation in
different aspects. In view of the globalisation of food trading, advancement in
food technology, rapid information flow, improvements in living standards, and
constant changes of consumer behaviour and sale platforms, we will continue to
review the effectiveness of the above new regulatory measures before we decide
whether further action is needed.
Ends/Wednesday, December 2, 2015
Issued at HKT 16:55
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