Food product with false description

Centre for Food SafetyCentre for Food Safety

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BackgroundBackground

In late May 2013, there was a report in mass media alleged that

some shops suspected sale of beef ball without beef composition

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Current food legislation

In accordance with section 52(1) of the Public Health and Municipal Services Ordinance, Cap.132, any person who sells to the prejudice of a purchaser any food which is not of the nature, or not of the substance, or not of the quality demanded by the purchaser is an offence.

Upon conviction by the Court, the offender is liable to a maximum fine of $10,000 and 3 months imprisonment

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Current food legislation

Section 61(1) of the Public Health and Municipal Services Ordinance, Cap. 132, all labelling information marked on food label of the prepackaged food should not falsely describe the food or is calculated to mislead as to its nature, substance or quality.

Upon conviction by the Court, the offender is liable to a maximum fine of $50,000 and 6 months imprisonment

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Current food legislation

According to section 1 of Schedule 3 to Food and Drugs (Composition and Labelling) Regulations, Cap.132W, the food name or designation shall not be false, misleading or deceptive in any respect as to the nature of the prepackaged food. The offender will be liable to a maximum fine 50,000 and imprisonment for 6 months.

However, any customary or traditional name in use in Hong Kong before the commencement of Food and Drugs (Composition and Labelling) Regulations, Cap.132W and indicative of a particular food may continue to be used as the name of that food, unless and until the Authority by notice in the Gazette prohibits such use.

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Current food legislation

Any person who sale any unfit food for human consumption is an offence under Section 54 of the Public Health and Municipal Services Ordinance (Cap. 132)

The offender is liable to a maximum fine of $50,000 and 6 months imprisonment

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Complaint about fake/Complaint about fake/ counterfeit foodcounterfeit food

Complaint about fake/counterfeit food, Centre for Food Safety will refer the case to Customs and Excise Department for follow up action under Trade Descriptions Ordinance, Cap.362.

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Enforcement action

CFS will follow up the cases relating to food which are suspected not of the nature/substances during surveillance check and under food complaints /referrals.

Enforcement action will be considered if there is sufficient evidence

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Advice to trade

Only use food satisfying safety and quality requirements

Maintain proper records in accordance with the Food Safety Ordinance (Cap. 612) to allow source tracing

Source food from reliable suppliers, including -

Checking the source and quality of food ingredients;

Checking whether the suppliers possess the relevant food business licenses;

Checking whether they have been registered as food importers or distributors under the Food Safety Ordinance (Cap. 612)

Consumer Protection Bureau(2)

Trade Descriptions Ordinance

Chapter 362, Laws of Hong Kong

The Existing Trade Descriptions Ordinance (TDO) Cap. 362

To prohibit false trade descriptions and forged trademarks in respect of goods provided in the course of trade or business.

Scope of TDO

Trademarks

Trade Descriptions

Customs & Excise Department Intellectual Property Investigation Bureau (IPIB)

Responsible for investigating forged trademark cases

Customs & Excise Department Consumer Protection Bureau 2 (CPB(2) )

Responsible for investigating false trade descriptions cases

What is a trade description (definitions) ?

A trade description means an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say -

Major Trade Descriptions in relation to Food Trade (Definitions)

(a) quantity (which includes length, width, height, area, volume, capacity, weight and number), size or gauge

(b) method of manufacture, production or processing

Major Trade Descriptions in relation to Food Trade (Definitions)

(c) composition

(d) testing by any person and results thereof

(e) approval by any person or conformity with a type approved by any person

(f) place or date of manufacture, production or processing

Major trade descriptions in relation to food trade (Definitions)

Definitions of False Trade Descriptions

A trade description which is false to a material degree

A trade description, though not false, is misleading to a material degree

Offences related to Trade Descriptions

In the course of any trade or business -

apply a false trade description to any goodssupply or offer to supply any goods to which a false trade description is applied

In possession for sale or for any purpose of trade or manufacture any goods to which a false trade description is applied

Import or export any goods to which a false trade description is applied for trade or business

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Penalties

Any person who commits an offence under the TDO is liable to a maximum fine of $500,000 and imprisonment for 5 years.

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Major duties

Protect consumer rights of local consumers and tourists

Combat unscrupulous sales practices so as to maintain a fair trading environment

Consumer Protection Bureau(2)

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Enforcement work under TDO

Patrol at shopping areas and exhibitions to ensure the traders in compliance with the TDO and the relevant regulations

Handle consumer complaints and investigate cases involving TDO allegations

Consumer Protection Bureau (2)

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Enforcement work under TDO

The Bureau’s Quick Response Team immediately handles short-haul visitors’ complaints related to TDO allegations.

Consumer Protection Bureau (2)

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Enforcement work under TDO

The Product Monitoring Scheme is aimed at collecting market information in respect of consumer goods for analysis and product- testing so as to ascertain whether the products are in contravention of the TDO.

Consumer Protection Bureau (2)

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Enforcement work under TDO

Deliver educational seminars to retailers to promote consumer rights

In close liaison with the Consumer Council, carry out enforcement actions to defeat false trade descriptions activities

Consumer Protection Bureau (2)

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Case Sharing

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Case (1)

Passing off Cattle Tendon as Deer Tendon

20English translation : “Jilin Deer Tendon, $20 per tael”

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Case (2)

Passing off Dried Conch Slices as Dried Abalone Slices

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English translation : “American abalone slices, $320 / catty”

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Case (3)

Pure Peanut Oil and Pure Corn Oil adulterated with Soybean Oil

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Case (4)

Strawberries imported from Mainland China bearing false origin labels of

Japan or Korea

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Case (5)

Eggs imported from Mainland China bearing false origin labels of

Thailand or Holland

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Amended TDO

On 17 July 2012, the Legislative Council passed the Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012, which includes new fair trading sections.

The amended TDO will come into operation on 19 July 2013.

Major Amendments on TDO

Extend the scope of trade description to cover service

Stipulate to prohibit 5 types of unfair trade

practices for interests

5 Types of Unfair Trade Practices Stipulated in the Amended TDO

1. Misleading Omission2. Aggressive Commercial Practice3. Bait Advertising4. Bait and Switch5. Wrongly Accepting Payment

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The Amended Trade Description (Definition)

means an indication, direct or indirect, and by whatever means given, with respect to the goods/service or any part of the goods/service

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Amended TDO

The final draft of the Enforcement Guidelines has been uploaded to the website of the Customs and Excise Department.

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