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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¢XC or below, while sashimi must be kept between 0¢XC and 4¢XC 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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