Cap. 139 sub. leg. D

Dairies Regulations(Cap. 139, section 3)[11 November 1960] G.N.A. 133 of 1960(Format changes—E.R. 1 of 2013) Part 1 Preliminary 1. Citation These regulations may be cited as the Dairies Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—analysis (分析) includes microbiological assay but no other form of biological assay; (L.N. 407 of 1990)bacteriological examination (細菌化驗) means any examination other than microbiological assay by which a milk sample is examined for the presence of bacteria or coliform bacteria; (L.N. 407 of 1990; 26 of 2012 s. 53)dairyman (奶場人員) includes any keeper of cows or buffaloes for the purpose of trade in milk, and any occupier of a dairy, and in cases where a dairy is owned by a corporation or company includes the secretary or other person actually managing such dairy;disease (疾病) means any disease of an infectious or contagious nature, and includes, in the case of cattle, any disease of the udder which is liable to cause contamination of the milk;health officer (衞生主任) has the meaning assigned to it by section 2 of the Ordinance and, in addition, includes any veterinary officer and any person for the time being performing the duties of a veterinary officer;licensee (持牌人) means any person licensed under regulation 8 to maintain a dairy;milk factory (奶品廠) means any food-manufacturing business which involves the processing or reconstitution of milk or any milk beverage, within the meaning of the Milk Regulation (Cap. 132 sub. leg. AQ); (78 of 1999 s. 7)milk room (奶室) means a place used for any of the purposes specified in regulation 19(2)(g) but shall not include any part of the dairy in which cattle are kept or milked; (L.N. 407 of 1990)public analyst (政府分析員) means the Government Chemist, the Government Pathologist and any analyst appointed by the Chief Executive for the purpose of the Public Health and Municipal Services Ordinance (Cap. 132); (10 of 1986 s. 32(1); 65 of 1999 s. 3)register (登記冊) means the register of dairymen kept by the Director pursuant to the provisions of paragraph (1) of regulation 3;registered dairyman (已登記奶場人員) means a dairyman whose name is, for the time being, entered in the register;sell (出售) includes to sell, offer or expose for sale or possess for the purpose of sale. (L.N. 407 of 1990)(E.R. 1 of 2013) Part 2 Registration of Dairymen 3. Registration of dairymen (1) The Director shall keep a register of dairymen.(2) No person shall carry on the trade of a dairyman unless his name is entered in the register.(3) Where the Director enters the name of any person in the register, he shall issue to such person a certificate of registration on which shall be affixed a photograph of such person.(4) The Director may, where he thinks fit, enter the name of any person in the register on such terms or conditions as he may determine.(5) The Director may, at any time, remove the name of any person from the register. 4. Information required from dairyman seeking registration The name of any person shall not be entered in the register unless he has furnished full information to the satisfaction of the Director as to his residence, the place where the milk is kept for sale, the place where the milk is produced, the place where the cattle are kept, the nature of his water supply and the general suitability of his arrangements for carrying on the trade of a dairyman. 5. Carrying and production of certificate of registration by dairyman Any registered dairyman shall, whilst purveying or selling milk, carry his certificate of registration with him, and shall produce it when demanded by any health officer or any inspector. Part 3 Licensing and Control of Dairies 6. Prohibition of maintaining dairy without licence Save under and in accordance with a licence issued by the Director under regulation 8, no person shall maintain a dairy. 7. Dairy to be maintained only at premises, etc. specified in licence No dairy shall be maintained at any premises or place other than the premises or place specified in such licence. 8. Power of Director to issue licence to maintain dairy, etc. (1) Upon application in a form specified by the Director, the Director may grant a licence to any person to maintain a dairy in the premises in respect of which it is granted and may renew such licence. (L.N. 407 of 1990)(2) A licence granted or renewed under paragraph (1) shall be valid for a period of 12 months beginning on the date it is granted or renewed, as the case may be. (L.N. 407 of 1990)(3) The fee for a licence shall be—(a) $6,880; or (L.N. 46 of 1995; L.N. 1 of 2001)(b) $172 for each cow or buffalo over the age of 12 months which is to be or is kept in the dairy on the date the licence is first granted or renewed, as the case may be, (L.N. 46 of 1995; L.N. 1 of 2001) whichever is the greater. (L.N. 407 of 1990; L.N. 207 of 1996; L.N. 519 of 1997)(4) (Repealed 407 of 1990)(5) Any such licence and any renewal thereof shall be subject to such terms and conditions as the Director may determine and shall not be transferable.(6) Every such licence and any renewal thereof shall specify the premises at which the dairy may be maintained. 9. Application for licence to be accompanied by plan of premises, etc. (1) Every application for the grant of any such licence shall be accompanied by 2 copies of a plan, as nearly as may be to scale, of the premises at which it is proposed to maintain the dairy. (E.R. 2 of 2019)(2) Every such plan shall also show the following—(a) the situation of the premises at which it is proposed to maintain the dairy; and(b) the situation, in relation to such premises, of any premises adjacent thereto.(3) Both copies of every such plan which is approved by the Director shall be endorsed to that effect by him and one of such copies shall be returned to the applicant and the other retained by the Director.(4) Every such application shall also be accompanied by particulars of the method for the disposal of effluent from such premises. 10. Special grounds for refusal to grant or renew licence (1) Without prejudice to the discretion of the Director with respect to the refusal of the grant or renewal of any such licence, no such licence shall, save as provided in paragraph (2), be granted or renewed unless the Director is satisfied—(a) that a plan of the premises at which the applicant or the licensee, as the case may be, proposes to maintain or is maintaining the dairy has been approved under regulation 9 and that the premises conform thereto, or, in the case of the renewal of a licence where such premises have been altered or added to, that the alteration or addition has been made in accordance with regulation 11;(b) that such premises are in accordance with the provisions of regulation 12; and(c) as to the method for the disposal of effluent from any building or other place in which cattle are kept or which is a milk room.(2) The Director may grant or renew any such licence notwithstanding that he is not satisfied as to any one or more or all of the matters specified in subparagraph (b) or (c) of paragraph (1) if a health officer, other than a veterinary officer or a person performing the duties of a veterinary officer, is satisfied that to do so will not be to the prejudice of the public health. (E.R. 2 of 2019) 11. Prohibition of alteration, etc. of premises at which dairy is maintained (1) Where a plan of any premises at which it is proposed to maintain a dairy has been approved under regulation 9, no person shall thereafter, save with the permission in writing of the Director, make—(a) any alteration or addition to such premises which results in a deviation in a material particular from the plan of such premises approved, for the time being, by the Director; or(b) any material alteration in respect of any of the matters in respect of which provision is made in regulation 12.(2) The Director may refuse to give his permission for the making of any such alterations or additions as are specified in subparagraph (a) of paragraph (1) until he has received and approved a plan showing the same. (E.R. 2 of 2019) 12. Provisions as to construction of premises at which dairy is maintained, etc. (1) Every building or other place in which cattle are kept in any dairy or which is a milk room shall be adequately lighted and ventilated.(2) The floor of every such building or other place shall be paved with a layer of not less than 150 millimetres of lime-concrete or not less than 75 millimetres of cement-concrete composed of 1 part of cement, 3 parts of sand and 5 parts of stone broken to pass through a 25 millimetres ring. (E.R. 2 of 2019)(3) The surface of every such floor shall be rendered and maintained smooth and impervious with a layer of asphalt or cement mortar not less than 12 millimetres in thickness or with such other material of such nature and thickness as the Director may approve.(4) The following provisions shall apply to every building or other place in which cattle are kept in any dairy—(a) the height of such building or place, at its lowest part, shall be not less than 3.6 metres; and(b) the floor thereof shall—(i) be raised not less than 200 millimetres above the level of the ground surrounding such building or place;(ii) have a slope of not less than 1 in 60; and (E.R. 2 of 2019)(iii) communicate directly, by means of an independent drain, constructed to the satisfaction of the Director, with a covered cement catch-pit.(5) (a) In every such building or other place in which cattle are kept, every animal shall have—(i) not less than 3 square metres of floor space; and(ii) not less than 10 cubic metres of air space.(b) For the purposes of this paragraph, two calves, being less than 12 months of age, shall be deemed to be one animal. (E.R. 2 of 2019)(6) No water closet, dry closet, earth closet or urinal shall be within, or communicate directly with, any building or other place in which cattle are kept in any dairy or which is a milk room.(L.N. 60 of 1981) 13. Removal of contents of catch-pit The contents of every catch-pit provided in any dairy in accordance with the provisions of sub-subparagraph (iii) of subparagraph (b) of paragraph (4) of regulation 12 shall be removed therefrom not less than once in every 24 hours.(E.R. 2 of 2019) 14. Disposal of effluent The effluent from any building or other place in which cattle are kept in any dairy or which is a milk room shall at all times be disposed of to the satisfaction of the Director. 15. Walls, etc. to be lime-washed The whole of the interior walls (unless exempted by the Director) and the ceilings of any building or other place in which cattle are kept in any dairy or which is a milk room shall be properly lime-washed during the months of January and July of each year. 16. Cleansing, etc. of dairies (1) Every building or other place in which cattle are kept in any dairy or to which cattle have access or which is a milk room shall be thoroughly cleansed as often as may be necessary to ensure that the same is at all times clean to the satisfaction of an inspector.(2) Without prejudice to the provisions of regulation 15, every building or other place in which cattle are kept in any dairy or which is a milk room shall be scraped and lime-washed whenever required by the Director.(3) The floor of every such building or other place shall be thoroughly cleansed and all offensive matter removed therefrom not less than once in every 24 hours. (E.R. 2 of 2019)(4) A supply of clean fresh water sufficient for compliance with the requirements of this regulation shall be provided in every dairy. 17. Storage of milk No milk intended for sale shall be deposited or kept in any place in any dairy, other than in a milk room or, pending the removal to a milk room, in any place in which cattle are milked. 18. Design and construction of vessels and utensils used for containing milk No receptacle or other utensil shall be used in any dairy for containing milk intended for sale unless the same is of such design and constructed of such material as the Director has, for the time being, approved. 19. Provisions as to prevention of infection or contamination of milk (1) All reasonable and proper precautions shall be taken in and in connexion with the milking of animals, and the cooling, processing, handling, storage and distribution of milk, to prevent milk becoming infected or contaminated.(2) Without prejudice to the generality of the provisions of paragraph (1), the following provisions shall apply in connexion with the milking of animals and the cooling, processing, handling, storage and distribution of milk—(a) the milking of animals shall be carried out in a good and proper light whether in the day time or during the hours of darkness;(b) immediately before any animal is milked, all dirt on or around the flanks, tail, udder and teats of the animal shall be removed, and the udder and teats shall be kept thoroughly clean during milking;(c) the hands of any person who milks any animal shall be thoroughly washed before he commences the milking and shall, at all times when he is engaged in the milking of any animal, be kept clean, free from contamination and, as far as practicable, dry;(d) as soon as possible after any animal has been milked, the milk shall be removed to a milk room and, pending its removal, shall be kept in a covered receptacle;(e) when any milk has been so removed to a milk room, it shall be placed in a receptacle approved by the Director under regulation 18 and shall thereafter be kept in such receptacle until it is inserted into a pasteurization plant or, where the milk is conveyed from the dairy to a pasteurization plant in a milk tanker, until it is inserted into the milk tanker;(f) no room shall be used as a milk room unless its use for that purpose has been approved by the Director;(g) a milk room shall not be used for any purpose other than the cooling, processing, handling and storage of milk and the cleansing and storing of any appliances, receptacles and other utensils used in the milking of animals or in the cooling, processing, handling, storage or distribution of milk;(h) no article, other than appliances, receptacles and other utensils used in the milking of animals or in the cooling, processing, handling, storage or distribution of milk, shall be deposited in a milk room;(i) every appliance, receptacle and other utensil used in the milking of animals or in the cooling, processing, handling, storage or distribution of milk shall, after each occasion on which it has been used and before it is used again, be thoroughly rinsed and washed and thereafter sterilized by steam or immersion in boiling water for a period of not less than 5 minutes or in such other manner as the Director may approve; and (L.N. 241 of 1972; E.R. 2 of 2019)(j) the interior of every cart, lorry or other vehicle shall, when the same is being used for the conveyance of milk, be kept in a clean condition. 20. Drinking from milk vessels prohibited No person shall drink out of any appliance, receptacle or other utensil used in any dairy in the milking of animals or in the cooling, processing, handling, storage or distribution of milk intended for sale. 21. Control of spitting in dairies (1) No person shall spit in any building or other place in which cattle are kept in any dairy or which is a milk room.(2) No person shall spit in any other part of a dairy save into spittoons or other receptacles provided for the purpose.(3) A notice or notices, of a size and in a form approved by the Director and in a language prescribed by him, prohibiting spitting shall be conspicuously displayed in any part of a dairy in which cattle are kept or which is a milk room.(4) A sufficient quantity of disinfectant fluid shall be kept in every spittoon or other receptacle provided in a dairy.(5) Every spittoon or other receptacle provided in a dairy shall be thoroughly cleansed daily. 22. Immunization of dairyman, etc. against certain diseases, etc. (1) No registered dairyman and no person who is employed in any dairy shall be engaged therein unless he has been—(a) (Repealed L.N. 360 of 1982)(b) immunized, in accordance with such of the requirements of a notification under paragraph (2) as apply to him. (L.N. 201 of 1980)(2) The Director of Health may from time to time by notification published in the Gazette require registered dairymen and other persons engaged in any dairy to be immunized against such diseases as may be specified in such notification. (L.N. 360 of 1982; L.N. 76 of 1989)(3) No person suffering from a disease or having recently been in contact with a person so suffering shall be in any dairy or milk any animal or handle any vessel used for the reception of milk or in any way take part in the conduct of the production, preparation, storage, distribution or sale of milk. 23. Restriction on use of milk from diseased animal (1) The milk of a diseased animal or of any animal which has been in contact with or associated with a diseased animal and any milk which is in the opinion of a health officer likely to have become or to become contaminated— (L.N. 407 of 1990)(a) shall not be mixed with other milk;(b) shall not be sold as human food; and(c) shall not be sold or used as food for animals save with the permission of a health officer.(2) Any milk which contains more than 200 000 bacteria per millilitre or any coliform bacteria in 1/1 000th (0.001) of a millilitre shall not— (26 of 2012 s. 54)(a) be mixed with other milk in any part of a dairy which is a milk room;(b) be sold for human consumption;(c) be placed in any receptacle in any part of a dairy which is a milk room;(d) be sold, sent or delivered to any milk factory. (L.N. 407 of 1990) 24. Registered dairymen to give notice of illness in certain cases Where any registered dairyman knows that he or any person who resides in the premises in which he resides or who is employed by him in any dairy is suffering from any disease, he shall forthwith give notice in writing thereof to a health officer. 25. Licensee to give notice of disease among cattle in dairy or among animals associated therewith Where the licensee of any dairy knows that any disease exists among any of the cattle kept in the dairy, or among other animals associated with such cattle, he shall forthwith give notice in writing thereof to the Director or the senior veterinary officer. 26. Register of herd to be kept (1) Every registered dairyman shall keep a herd register on a form to be supplied by the Director. He shall enter therein in black ink particulars of each and every animal kept or received by him. He shall make all necessary entries therein promptly so that the register forms an up-to-date record of his herd. In the case of any animal which ceases to be kept by him, the dairyman shall cancel the particulars aforesaid by means of a thin line in red ink in such a manner as not to render such particulars illegible. In addition, he shall enter in red ink in the remarks column, the date of the departure of such animal from the dairy and the place to which it has been sent and, if required by any inspector, shall produce a receipt or other document verifying the date of departure of the animal and its destination. In the case of the death of an animal, the date and cause of death, and the manner and place of disposal of the carcass, shall be entered in red ink in the appropriate columns and the registered dairyman shall, if required by any inspector, produce documentary evidence verifying such particulars. All entries shall be in either the English language or the Chinese language. All entries shall be complete and accurate. (80 of 1997 s. 116)(2) Any such register shall be produced by the registered dairyman for inspection on demand by any inspector.(3) The loss of any such register shall be reported by the registered dairyman without delay to the Director or to an inspector. Part 4 Offences and Penalties 27. Offences and penalties (1) Any person who contravenes the provisions of paragraph (2) of regulation 3 or of regulation 6 or 7 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.(2) Any person who—(a) contravenes the provisions of regulation 20 or of paragraph (1) or (2) of regulation 21 or paragraph (1) or (3) of regulation 22;(b) fails to comply with any of the requirements of a notification published in the Gazette under the provisions of paragraph (2) of regulation 22 or of an order made under the provisions of paragraph (1) of regulation 29 or paragraph (1) of regulation 30;(c) engages in the business of, or is employed in, any dairy in contravention of paragraph (2) of regulation 29; or(d) contravenes any terms or conditions imposed by the Director under the provisions of paragraph (5) of regulation 8 or any conditions specified in an order made under the provisions of paragraph (1) of regulation 30, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.(3) Any registered dairyman who contravenes any of the provisions of regulation 5, 24 or 26 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.(4) In the event of any contravention of any of the provisions of regulation 11, 12, 13, 14, 15, 16, 17, 18, 19, 23 or 25 or of paragraph (3), (4) or (5) of regulation 21, the licensee of the dairy in which, or in respect of which, such contravention occurred shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.(5) Where any offence under these regulations is a continuing offence, any person who is guilty of such offence shall, in addition to the penalty provided therefor under paragraph (1), (2), (3) or (4), as the case may be, be liable to a fine of $50 for each day during which it is proved to the satisfaction of the court that the offence has continued. (E.R. 2 of 2019)(E.R. 1 of 2013) Part 5 Supplementary and Miscellaneous 28. Examination of persons and animals Whenever a health officer has reason to suspect that any person in Hong Kong is suffering from a disease attributable to milk supplied from any dairy, or is of opinion that the consumption of milk from any dairy is likely to cause disease to any person, he may medically examine any person residing or employed therein, and may inspect and examine the animals therein and the carcasses of any animals which may have died therein.(65 of 1999 s. 3) 29. Medical examination, etc. of persons engaged or employed in a dairy (1) A health officer may order any person engaged or employed in any capacity in any dairy to submit himself for such medical examination at such time and place as may be designated by such health officer.(2) If, after such medical examination, it is the opinion of a health officer that the employment of such person in a dairy has caused, or is likely to cause, the spread of disease to man or animal, such person shall be notified in writing by the Director and he shall forthwith cease to engage in the business of, or to be employed in, any dairy until he obtains a medical certificate to the satisfaction of a health officer that he is no longer likely to cause the spread of disease to man or animal. 30. Power of health officer to stop supply, etc. of milk from dairy in certain cases (1) If any health officer is of opinion that—(a) any disease is caused, or is likely to be caused, by the consumption of the milk supplied from any dairy; or(b) the public health is, or is likely to be, endangered by any act or default of any dairyman in any dairy, such health officer may, by order in writing, prohibit the supply, distribution or sale of milk from such dairy or of specified milk therefrom—(i) absolutely; or(ii) save in accordance with such conditions as may be specified in such order.(2) Neither the licensee of the dairy nor any other person shall be entitled to any compensation for any damage or loss which he may sustain in consequence of the making of an order under the provisions of paragraph (1). 31. Power of inspector to take samples and procedure in connexion therewith (1) An inspector may, for the purpose of analysis or bacteriological or other examination, take samples of any milk while the same is at the dairy at which the animals from which it was obtained are kept. (L.N. 407 of 1990)(2) In connexion with the taking under the provisions of paragraph (1) of a sample of any milk, the inspector may take such steps at the dairy as may be necessary to satisfy himself that the sample is a fair sample of the milk of the animals when properly and fully milked.(2A) Where a sample is taken for bacteriological examination under paragraph (1), the inspector shall clearly mark on the container of the sample the place in the dairy from which the sample was taken. (L.N. 407 of 1990)(3) An inspector who, under the provisions of paragraph (1), has taken a sample of any milk shall—(a) except where it is taken for bacteriological examination, forthwith divide such sample into three parts, each part to be marked and sealed or fastened up, and shall give one part of the sample to the licensee of the dairy and, of the remaining two parts of the sample shall, unless he decides not to have an analysis made, personally submit one of such parts to the public analyst and retain the other for future comparison; (L.N. 407 of 1990)(b) where it is taken for bacteriological examination, unless he decides not to have such an examination done, personally submit the entire, undivided sample to the public analyst, marked and sealed or fastened up; and (L.N. 407 of 1990)(c) inform the licensee or his agent, if such be the case, that the sample was taken for the purpose of analysis or bacteriological or other examination as the case may be, by the public analyst. (L.N. 407 of 1990)(4) Any part of a sample which, under the provisions of this regulation, is to be given to any person may be given either by delivering the same to him or to his agent.(5) In any proceedings under these regulations in which any sample taken under the provisions of paragraph (1) is relevant, the part of the sample retained by the inspector, if any, shall be produced at the hearing. (L.N. 407 of 1990) 32. Certificate of analysis or bacteriological examination (1) Where a sample is submitted to the public analyst under regulation 31, he shall—(a) as soon as practicable, carry out or cause to be carried out under his direction, an analysis or bacteriological or other examination of such sample; and(b) give to the inspector by whom the sample was submitted a certificate in respect of the results of the analysis or bacteriological or other examination in the form specified in the Schedule.(2) A document referred to in paragraph (1) may be signed by the public analyst when any analysis or bacteriological or other examination has been made by a person acting under his supervision and direction and the public analyst is satisfied as to the analysis or bacteriological or other examination.(L.N. 407 of 1990) 33. Evidence of analysis or bacteriological examination In any proceedings under these regulations, a document—(a) produced by the prosecution purporting to be a certificate given by the public analyst under regulation 32 in the form specified in the Schedule; or(b) supplied to the defendant by the prosecution, purporting to be a copy of such a certificate,shall be admissible in evidence—(i) as prima facie evidence of the facts stated therein; and(ii) as having been signed by the person whose signature appears thereon, unless the contrary is proved,unless in the case referred to in subparagraph (a) the prosecution or the defendant requires that the public analyst shall be called as a witness.(L.N. 407 of 1990; E.R. 2 of 2019) 34. Proceedings on summons (1) In any proceedings in respect of an offence under these regulations—(a) the relevant summons shall not be made returnable sooner than 14 days after the day on which it is served;(b) if the prosecution intends to produce a certificate given by the public analyst under regulation 32, a copy of that certificate shall be served with such summons; and(c) if the defendant intends to require the person purporting to have signed the certificate to be called as a witness, he shall, not less than 3 clear days before the day on which the summons is returnable, give the prosecution notice of his intention.(2) Where paragraph (1)(b) is not complied with, the court or magistrate may—(a) order an adjournment on such terms, if any, as it or he thinks fit;(b) exclude the certificate; or(c) admit the certificate subject to such terms and conditions, if any, as it or he thinks fit.(3) Where paragraph (1)(c) is not complied with, the court or magistrate may—(a) order an adjournment on such terms, if any, as it or he thinks fit; or(b) admit the certificate subject to such terms and conditions, if any, as it or he thinks fit.(L.N. 407 of 1990) 35. Presumption as to human consumption In any proceedings relation to the contravention of regulation 23(1)(b) or (2)(b), milk that is sold from or kept in the dairy shall be presumed, unless the contrary is proved, to have been sold or to be intended for sale for human consumption.(L.N. 407 of 1990) Schedule [regs. 32 & 33] Certificate of *Analysis/Bacteriological Examination I, the undersigned, being a public analyst, do hereby certify that— (a) on the.day of ., 19 ., a *sealed/ fastened up packet marked said to contain a sample of milk, was delivered to .by (name and description of person) in an insulated container, the temperature of which was.; (b) the seal(s) thereof *was/were found to be intact; (c) the contents of the said *sealed/fastened up packet have been *analysed/examined *by me/under my direction and the result of the *analysis/examination is as follows— The sample said to be a sample of milk— ** (i) *was/was not a genuine sample of milk; and (ii) contained— *** (A) the *parts/foreign ingredients as specified hereunder— Observations of analysis or **** (B) a total bacteria count of ; coliform bacteria ; (d) on .(date) after *analysis/examination the said packet was *retained in my custody/handed in a sealed . (or as the case may be) marked to (name and description of person). Date Public Analyst * Delete as appropriate. ** Delete where the sample was not analysed to verify whether or not a genuine sample of milk. *** To be completed in the case of analysis. **** To be completed in the case of bacteriological examination. Note— All percentages given in definitions or standards prescribed are, unless otherwise specified, percentages by weight. (L.N. 407 of 1990; 26 of 2012 s. 55; E.R. 2 of 2019)