Replies to LegCo questions

LCQ5: Regulation of health food products

Following is a question by the Hon. Lee Wing-tat and an oral reply by the Secretary for the Environment and Food, Mrs Lily Yam, in the Legislative Council today (Wednesday).

Question:

According to the published results of laboratory tests conducted by the Consumer Council last month on shark liver oil capsules which are claimed to be a health food product, some of the test samples were found containing polychlorinated biphenyls, a carcinogenic substance. In this connection, will the Government inform this Council:

(a) whether it has assessed if the laws for regulating health food are adequate in protecting the right to information and the health of the public; if they are assessed as being adequate, of the rationale for that; if they are assessed as being inadequate, of the follow-up actions it will take; and

(b) of the basis used in classifying various types of health food product as food or medicine, so as to decide on the policy bureau and department which should bear the monitoring responsibility in respect of each type of health food product?

Reply:

Madam President,

(a)The primary concern of consumers is whether the so-called "health food products" available on the market are safe for consumption, and whether their claims concerning their preventive or curative effects on diseases, health functions or improvement of physiological states are true. At present, all these products, which are commonly referred to as "health food products", are subject to regulation under either of the following Ordinances :

(i)Products which contain medicines such as vitamin capsules are regulated under the Pharmacy and Poisons Ordinance (Cap. 138). These products have to be registered so as to ensure their safety, quality and efficacy. They should also be labelled with such particulars as the ingredients, dosage and the route of administration. Inspectors of the Department of Health inspect pharmacies and medicine shops frequently. They check the pharmaceutical products sold by these shops to see if there are false descriptions or descriptions which are different from those approved when the products were registered.

(ii)Other so-called "health food products" are regarded as food and subject to the regulation of the Public Health and Municipal Services Ordinance (Cap. 132). The object is to ensure their safety and that their labels do not carry false descriptions or descriptions calculated to mislead in respect of the nature, composition or quality of the product. Health food products should also meet the labelling requirements for prepackaged food set out in the subsidiary legislation made under the Ordinance, including details about the ingredients and instructions for use. The Food and Environmental Hygiene Department is responsible for monitoring the safety of various types of food and checking for non-compliance. If illegal or harmful substances are detected in any food product or false descriptions are found in their labels, prosecution may be instituted.

According to a survey conducted by the Department of Health in 1997, some 70% of the "health food products" available on the market contain Chinese medicines. At present, these products are regulated under the Public Health and Municipal Services Ordinance (Cap. 132). In future, these products will have to be registered under the Chinese Medicine Ordinance (Cap. 549) enacted last year, before they can be manufactured or put on sale in Hong Kong. Subsidiary legislation to implement the registration system will be introduced to the Legislative Council within this year. The Ordinance empowers the Chinese Medicine Council of Hong Kong to regulate proprietary Chinese medicines. In approving applications for registration, the Council will examine the safety, quality and efficacy of the medicines. The majority of health food products available in the market will be subject to tighter regulation after the subsidiary legislation is enacted and comes into force.

If the advertisements or labels of any products, including any health food products, claim that the products have curative or preventive effects on the diseases or conditions specified in the Undesirable Medical Advertisements Ordinance (Cap. 231), such products will be subject to the control of the Ordinance. The Ordinance is enforced by the Department of Health. In enforcing the Trade Descriptions Ordinance (Cap. 362), the Customs and Excise Department will take action against counterfeit products, including fake health food products, to safeguard the interests of trade mark proprietors and consumers.

The above legislation already provides basic control over health food products. Since health food products have become more popular over the past years, consumers would wish to obtain additional and more accurate information about these products. They would have greater demands on the safety of such products. The Health and Welfare Bureau will set up an interdepartmental task force to study the need to strengthen the regulation of the claims carried by health food products.

In the meantime, the Government will step up its work in the following areas :

(i)firstly, assisting the Chinese Medicine Council to finish drafting the subsidiary legislation to regulate proprietary Chinese medicines as soon as possible;

(ii)secondly, enhancing the sample testing of health food products available in the market to ensure that they do not contain harmful substances which are not suitable for human consumption, so as to protect public safety;

(iii)thirdly, strengthening enforcement action to ensure that health food products conform with the requirements of the Undesirable Medical Advertisements Ordinance; and

(iv)fourthly, under the Public Health and Municipal Services Ordinance, stepping up investigation, testing and prosecution in respect of health food products which are suspected of carrying false descriptions, including false claims about product composition or accreditation from overseas authorities.

(b) As mentioned in my answer to part (a) above, as far as product safety is concerned, the so-called "health food products" which contain medicines or Chinese medicines will be classified as pharmaceutical products or proprietary Chinese medicines. Other "health food products" are classified as food. Pharmaceutical products and proprietary Chinese Medicines are registered and regulated by the Pharmacy and Poisons Board and the Chinese Medicine Board respectively. The regulation of both types of products are enforced by the Department of Health. The Food and Environmental Hygiene Department is responsible for the safety of other "health food products." As regards the regulation of medicinal and health claims, the Department of Health is the responsible department.

Wednesday, February 16, 2000