|
Chapter: | 612
 | Title: | FOOD SAFETY ORDINANCE | Gazette Number: | L.N. 60 of 2011 |
| Section: | 2 | Heading: | Interpretation | Version Date: | 01/08/2011 |
(1) In this Ordinance—
“air transhipment cargo” (航空轉運貨物) has the meaning given by section 2 of the Import and Export Ordinance (Cap 60);
“animal” (動物) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap 132);
“aquatic product” (水產) means fish, shellfish, amphibian or any other form of aquatic life other than a bird, mammal or reptile;
“authorized officer” (獲授權人員), in relation to a provision of this Ordinance, means—
- (a) a public officer authorized under section 39 in relation to that provision; or
(b) a public officer authorized under section 39 in relation to this Ordinance generally;
“drink” (飲品) does not include water other than—
- (a) aerated water;
(b) distilled water;
(c) water from natural springs, either in its natural state or with added mineral substances; and
(d) water that is placed in a sealed container and is intended for human consumption;
“food” (食物) includes—
- (a) drink;
(b) ice;
(c) chewing gum and other products of a similar nature and use;
(d) smokeless tobacco products; and
(e) articles and substances used as ingredients in the preparation of food,
- (f) live animals or live birds, other than live aquatic products;
(g) fodder or feeding stuffs for animals, birds or aquatic products; or
(h) medicine as defined by section 2(1) of the Pharmacy and Poisons Ordinance (Cap 138) or Chinese herbal medicine or proprietary Chinese medicine as defined by section 2(1) of the Chinese Medicine Ordinance (Cap 549);
- Note: See also subsection (2).
“food importation business” (食物進口業務) means a business that imports food (whether or not that is the principal activity of the business);
“food importer” (食物進口商) means a person who carries on a food importation business;
“food safety order” (食物安全命令) means an order made under section 30 as varied from time to time under section 30(5);
“food transport operator” (食物運輸商) means a person who transports food under a contract of carriage but at no time has any proprietary interest in the food;
“function” (職能) includes duty;
“import” (進口) means to bring or cause to be brought into Hong Kong by air, land or water;
“local aquatic product” (本地水產) means an aquatic product captured from a local fishing vessel, whether in Hong Kong waters or in other waters;
“local fishing vessel” (本地漁船) means a Class III vessel (within the meaning of the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap 548 sub. leg. D)) that is licensed under that Regulation;
“premises” (處所) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap 132);
“registered food distributor” (登記食物分銷商) means a person who is registered under Part 2 as a food distributor;
“registered food importer” (登記食物進口商) means a person who is registered under Part 2 as a food importer;
“Secretary” (局長) means the Secretary for Food and Health;
“smokeless tobacco product” (無煙煙草產品) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap 132);
“supply” (供應), in relation to food, means—
- (a) to sell the food;
(b) to offer, keep or exhibit the food for sale;
(c) to exchange or dispose of the food for consideration; or
(d) for commercial purposes, to give the food as a prize or to make a gift of the food;
(2) In determining, for the purposes of the definition of “food distribution business” in subsection (1), whether the principal activity of a business is the supply of food in Hong Kong by wholesale, regard must be had only to those activities of the business that are related to the supply of food.