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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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