Cap. 132 sub. leg. H

Colouring Matter in Food Regulations (Cap. 132, section 55) [11 November 1960] G.N.A. 132 of 1960(Format changes—E.R. 4 of 2020) 1. Citation These regulations may be cited as the Colouring Matter in Food Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—air transhipment cargo (航空轉運貨物) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5)air transit cargo (航空過境貨物) means any article in transit that is both imported and consigned for export in an aircraft; (29 of 2000 s. 5)article in transit (過境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5)cargo transhipment area of Hong Kong International Airport (機場貨物轉運區) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5)Colour Index Number (色素索引編號) means the identifying number used in the Colour Index compiled by the British Society of Dyers and Colourists and the American Association of Textile Chemists and Colourists; (L.N. 368 of 1993) permitted colouring matter (准許染色料) means any colouring matter specified in the First Schedule or any combination of more than one such colouring matter; processed (加工處理) includes curing by smoking and any treatment or process resulting in a substantial change in the natural state of any food, but does not include boning, paring, grinding, cutting, cleaning or trimming, and the word unprocessed (未經加工處理) shall be construed accordingly; sell (售賣) includes expose or offer for sale or have in possession for sale, and the word sale (出售) shall be construed accordingly; vegetable (蔬菜) includes pulses. 3. Restriction on use of colouring matter other than permitted colouring matter No food intended for sale for human consumption shall contain any added colouring matter which is not a permitted colouring matter, and no person shall sell, consign or deliver, or import into Hong Kong, any such food which does not comply with the provisions of this regulation. (10 of 1986 s. 32(2)) 4. Prohibition on the use of colouring matter in the case of certain commodities (1) No meat, game, poultry, fish, fruit or vegetable in a raw and unprocessed state which is intended for sale for human consumption shall have in or upon it, otherwise than for the purpose of marking, any added colouring matter: Provided that citrus fruit may have in or upon it added permitted colouring matter if—(a) the words “colour added” are marked on the skin of such fruit in permitted colouring matter; and (b) such words are distinctly and legibly printed and of such size as to be conspicuously visible. (2) No person shall sell, consign or deliver, or import into Hong Kong, any food referred to in paragraph (1) which does not comply with the provisions of that paragraph. (10 of 1986 s. 32(2)) 5. Restriction on sale or advertisement of colouring matter other than permitted colouring matter (1) No person shall sell or advertise for sale any colouring matter for use in food which is not a permitted colouring matter. (2) In any proceedings for an offence against paragraph (1) in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business. (3) No person shall sell, consign or deliver for use in food any colouring matter or any colouring and flavouring compound except in a container bearing a label in accordance with the provisions of the Second Schedule. 5A. Application to air transit or air transhipment cargo (1) Regulations 3 and 4(2) do not apply in relation to the import of any food referred to in those regulations that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3 or 4(2), as the case may be—(a) the food is deemed to be imported at the time of such removal; and(b) the person who brought the food, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the food at the time of its removal,and, except to that extent, those regulations have effect as if this paragraph had not been enacted.(2) In proceedings against a person for an offence under regulation 6, being proceedings—(a) in relation to the import of any food referred to in regulation 3 or 4(2) that is air transit cargo or air transhipment cargo; and(b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the food was removed from the cargo transhipment area of Hong Kong International Airport,it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring.(3) Where in any proceedings the defence provided by paragraph (2) involves an allegation that the commission of the offence was due to—(a) the act or default of another person; or(b) reliance on information given by another person,the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of—(i) the person who committed the act or default or gave the information; and(ii) the act, default or information,of which he is aware at the time he serves the notice.(4) A person is not entitled to rely on the defence provided by paragraph (2) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and(b) whether he had any reason to disbelieve the information.(29 of 2000 s. 5) 6. Offences and penalties Any person who contravenes any of the provisions of regulation 3, 4 or 5(1) or (3) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 6 months, and, where the offence is a continuing offence, to a fine of $300 for each day during which the offence continues. (L.N. 326 of 1987; L.N. 177 of 1996) 7. Name in which proceedings may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences, and without prejudice to the powers of the Secretary for Justice in relation to the prosecutions of criminal offences, prosecutions for an offence under any of the provisions of these regulations may be brought in the name of the Director of Food and Environmental Hygiene.(L.N. 107 of 1965; L.N. 362 of 1997; 78 of 1999 s. 7) First Schedule [reg. 2]Permitted Colouring Matter Part I Coal Tar Colours Common Name of Colour Scientific Name Colour Index Number (1982) Allura Red AC disodium salt of 6-hydroxy-5-[(2-methoxy-5-methyl-4-sulphophenyl)-azo]-2-naphthalene-sulphonic acid. 16035 Amaranth trisodium salt of 1-(4-sulpho-1-naphthylazo)-2-naphthol-3: 6-disulphonic acid. 16185 Black PN (Brilliant Black BN) tetrasodium salt of 8-acetamido-2-(7-sulpho-4-p-sulphophenylazo-1-naphthylazo)-1-naphthol-3:5-disulphonic acid. 28440 Brilliant Blue FCF (Brilliant Blue FD & C No. 1) disodium salt of 4-{(4-(N-ethyl-p-sulphobenzylamino)-phenyl)-(2-sulphoniumphenyl)-methylene}-(1-(N-ethyl-N-p-sulphobenzyl)-△2, 5-cyclohexadien-imine). 42090 Brown FK a mixture consisting essentially of the disodium salt of 1:3-diamino-4:6-di-(p-sulphophenylazo) benzene and the sodium salt of 2:4-diamino-5-(p-sulphophenylazo) toluene. — Carmoisine disodium salt of 2-(4-sulpho-l-naphthylazo)-l-naphthol-4 -sulphonic acid. 14720 Chocolate Brown HT disodium salt of 2:4-dihydroxy-3:5-di-(4-sulpho-l-naphthylazo) benzyl alcohol. 20285 Erythrosine (BS) disodium or dipotassium salt of 2:4:5:7-tetra-iodo-fluorescein. 45430 Green S sodium salt of di-(p-dimethylaminophenyl)-2-hydroxy-3:6-disulphonaphthylmethanol andydride. 44090 Indigotine (Indigo Carmine) disodium salt of indigotin-5:5'-disulphonic acid. 73015 Lithol Rubine BK disodium salt of 3-hydroxy-4-[(2-sulpho-p-tolyl)azo]-2-naphthoic acid. 15850 Patent Blue V calcium salt of (4-[α-(p-(diethylamino) phenyl)-5-hydroxy-2, 4-disulphobenzylidene]-2, 5-cyclohexadien-1-ylidene) diethyl -ammonium hydroxide inner salt. 42051 Ponceau 4R trisodium salt of 1-(4-sulpho-l-naphthylazo)-2-naphthol-6:8-disulphonic acid. 16255 Quinoline Yellow disodium salt of disulphonic acid of 2-(2 quinolyl)-1, 3-indandione. 47005 Sunset Yellow FCF disodium salt of 1-p-sulphophenylazo-2-naphthol-6-sulphonic acid. 15985 Tartrazine trisodium salt of 5-hydroxy-1-p-sulphophenyl-4-p-sulphophenylazo-pyrazole-3-carboxylic acid. 19140 (L.N. 146 of 1970; L.N. 102 of 1976; L.N. 376 of 1982; L.N. 368 of 1993; L.N. 98 of 2008) Part II Other Colours Description Colour Index Number (1982) Caramel — Cochineal (Carminic acid) 75470 Colouring matter natural to edible fruits or vegetables or their pure colouring principles whether isolated from such natural colours or produced synthetically and including— (a)Annatto 75120 (b)Vegetable Black — (c)Carotenes 75130 (d)β-Apo-8'-carotenal 40820 (e)β-Apo-8'-carotenoic acid ethyl ester 40825 (f)Chlorophylls and Chlorophyllins including Copper complexes 7581075815 (g)Saffron 75100 (h)Turmeric (Curcumin) 75300 Iron Oxides 77491 Titanium dioxide 77891 Silver, Gold and Aluminium in leaf or powder form solely for external colouring of dragees and decoration of sugar-coated flour confectionery — The Aluminium or Calcium salts (lakes) of any of the scheduled water-soluble colours — (L.N. 368 of 1993; 17 of 2018 s. 57) Second Schedule [reg. 5(3)]Labelling of Colouring Matter and Colouring and Flavouring Compounds 1. Each container to which regulation 5(3) relates shall bear a label on which is printed in English lettering and Chinese characters a true statement in the form of one of the following declarations—In the case of colouring matter— THIS FOOD COLOUR CONFORMSTO THE LEGAL REQUIREMENTSOF HONG KONG 此食品色素符合香港法例規定 In the case of colouring and flavouring compounds— THE FOOD COLOUR IN THIS COMPOUND CONFORMS TO THE LEGAL REQUIREMENTS OF HONG KONG 此化合物內之食品色素符合香港法例規定 Provided that it shall be sufficient if the labels on containers of quantities of less than 100 g or 100 mL, as the case may be, bear distinctly and legibly printed thereon in English lettering and Chinese characters the declaration “FOOD COLOUR” (食物色素) or “FOOD COLOUR AND FLAVOURING COMPOUND” (食物色素及調味化合物), as the case may be, or a declaration to the like effect. (L.N. 89 of 1979) 2. The declaration shall in each case be distinctly and legibly printed in dark block type upon a light coloured ground and, except in the case of a declaration in accordance with the proviso to the preceding paragraph, shall be so printed within a surrounding line, and no other matter shall be printed within such surrounding line. The type used for containers of quantities of more than 1 kg or 1 L, as the case may be, shall be not less than 5 mm in height, and the type used for containers of quantities of less than 1 kg or 1 L, as the case may be, but more than 100 g or 100 mL, as the case may be, shall be not less than 3 mm in height. (L.N. 89 of 1979) 3. The label shall be securely affixed to or be part of the wrapper or container, and in every case shall be so placed as to be clearly visible and shall either be part of any main label or a separate label placed in close proximity thereto.