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Following is a question by the Hon Fred Li Wah-ming and a written reply by the Secretary for Economic Services, Ms Sandra Lee, in the Legislative Council today (June 26) (Translation):
Question :
Regarding the safety standards adopted for the regulation of beauty products, will the Government inform this Council:
(a) of the reasons for its decision to adopt the Mainland's standards as the standards for testing the safety of beauty products in Hong Kong; whether it has consulted experts before making the decision; if it has, of the kinds of experts it has consulted and their advice; if not, the reasons for that;
(b) of the countries or national standards institutes whose safety standards on beauty products are recognised by the Customs and Excise Department (C&ED) as "reasonable safety standards"; how these safety standards compare to those of the Mainland;
(c) of the current channels through which the authorities inform members of the public, importers and distributors of beauty products of these "reasonable safety standards";
(d) whether beauty products are required to comply with the safety standards set by their countries of origin before they can be imported into or sold in Hong Kong, or they are only required to comply with any one set of the safety standards recognised by C&ED; and
(e) given the absence of a unified set of safety standards and system for safety tests, how C&ED ensures that all imported beauty products put up for sale in Hong Kong meet the "reasonable safety standards"?
Reply :
Madam President,
My reply to the five parts of the question raised by Hon Fred Li Wah-ming in seriatim is as follows -
(a) The Government Chemist (GC) tenders expert advice to the Government on safety standards for consumer goods. Having considered the standards for cosmetic products published by various international standards institutes, the GC opines that the Chinese National Standards - Hygiene Standards for Cosmetics (GB 7916-87) is the appropriate standard for testing cosmetic products. This is because the Chinese National Standards -
(i)set out comprehensively the safety requirements, including the permitted amounts of restricted substances and additives; and
(ii)stipulate detailed procedures for testing whether a cosmetic product complies with the requirements.
(b) Pursuant to the Consumer Goods Safety Ordinance (CGSO), reasonable standards for cosmetic products stipulated by other national or international standards institutes are recognised by the Commissioner of Customs and Excise (C of C&E) for enforcement purposes. That is to say, the C of C&E will accept the "general safety requirement" in the CGSO as met, where a cosmetic product complies with the requirements of a reasonable national or international standard for the product concerned (e.g. that of the United States, the European Union, Australia, Japan, etc). This is because the requirements of these standards are generally comparable to those stipulated in the Chinese National Standards. Take for instance, the restrictions in respect of heavy metal in cosmetic products (such as mercury, lead, arsenic, cadmium, etc.) stipulated in the Chinese National Standards are broadly the same as those stipulated by the Food and Drug Administration of the United States.
(c) The Government adopts a two-pronged approach to make members of the trade and the public aware of the safety requirements for cosmetic products -
(i)to reach out to the trade : in January 2002, the Customs and Excise Department (C&ED) organised a seminar to explain the safety requirements for cosmetic products under the CGSO for members of the Cosmetic and Perfumery Association of Hong Kong. The C&ED will be pleased to organise similar talks for cosmetic products importers and dealers; and
(ii)to make information available for inspection : the Product Standards Information Bureau of the Innovation and Technology Commission maintains a library of safety standards published by international and national standards institutes for different kinds of consumer products including cosmetic products, and members of the public are welcome to use this library.
(d) Pursuant to the CGSO, cosmetic products being consumer goods must comply with the "general safety requirement" if they are to be imported into, supplied or manufactured in Hong Kong. The CGSO does not, however, require cosmetic products to meet the safety standards set by their countries of origin and, meeting the requirements of a reasonable national or international standard for the product concerned is equally acceptable. Take for instance, a cosmetic product can be manufactured in the United States to Japanese safety standard and it will be recognised by the C of C&E as having met a reasonable safety standard.
(e) The CGSO makes it a responsibility of the suppliers to ensure that the cosmetic products they supply meet the "general safety requirement". The objective is to ensure that the products meet reasonable safety standard while at the same time gives the suppliers the flexibility to make reference to relevant safety standards published by relevant standards institutes.
To ensure that beauty products put up for sale in Hong Kong, meet relevant safety requirements, the C&ED is vigilant in enforcing the law. This includes conducting spot checks, and purchasing samples of cosmetic products for testing. When products in breach of the safety requirement are found, the C of C&E will prosecute the importers or dealers of the cosmetic products concerned, or require them to take appropriate remedial action.
Of the enforcement actions taken in respect of consumer goods by the C&ED in 2001, 321 spot checks and 43 investigations were related to cosmetic products. The Department had also issued prohibition notices and initiated prosecutions against cosmetic products in accordance with the CGSO in the past three years. These actions demonstrate how C&ED can, through the existing monitoring and enforcement mechanism, tackle safety problems associated with beauty products.
End/Wednesday, June 26, 2002
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