Cap. 132 sub. leg. R

Dried Milk Regulations(Cap. 132, sections 55 and 143) [1 April 1967](Format changes—E.R. 4 of 2019) 1. Citation These regulations may be cited as the Dried Milk Regulations. 2. Interpretation (1) In these regulations, unless the context otherwise requires—container (容器) includes any form of packaging of dried milk for sale as a single item whether by way of wholly or partly enclosing the dried milk or by way of attaching the dried milk to some other article and in particular includes a wrapper or confining band; dried milk (奶粉) means milk, skimmed milk or partly skimmed milk which has been concentrated in the form of solid or powder by removal of water, and includes any such milk which has been sweetened, modified or compounded; milk (奶類) means cows milk and includes cream and skimmed milk; sell (售賣) includes offer, expose or possess for sale; skimmed milk (脫脂奶) includes separated or machine skimmed milk. (2) Percentages shall be calculated by weight. 3. Application These regulations—(a) apply—(i) to dried milk to which no other substance has been added; (ii) to the dried milk contained in any powder or solid of which not less than 70 % consists of dried milk; (b) do not apply—(i) in relation to the sale of dried milk to a caterer for the purposes of his catering business or to a manufacturer for the purposes of his manufacturing business; (ii) to dried milk contained in any powder or solid which has been formulated specifically for baby foods. 4. Composition and description of dried milk (1) Dried milk of each description specified in the first column of the First Schedule shall contain a percentage of milk fat within the limits specified in relation thereto in the second column of that Schedule and shall contain not more than 5.0% of moisture, and no person shall sell any dried milk which does not comply with this regulation. (2) No person shall sell any food under such a description as to lead an intending purchaser to believe that he is purchasing dried milk of a description to which paragraph (1) applies unless such food complies with this regulation. (3) Where any person sells any food to a purchaser in response to a request for dried milk of a description to which paragraph (1) applies, he shall be deemed to sell dried milk of that description unless he clearly notifies the purchaser at the time of sale that the food is not dried milk of that description. 5. Labelling of containers of dried milk (1) Save as is provided in paragraph (3) no person shall advertise for sale or sell any dried partly skimmed milk or dried skimmed milk except in a container bearing a label in accordance with the provisions of the Second Schedule. (2) No person shall sell any dried partly skimmed milk or dried skimmed milk in any such container if the container is wrapped in paper or some other wrapper through which the label on the container is not clearly visible unless the outermost wrapper also bears a label as if it were a container to which paragraph (1) of this regulation applies. (3) The provisions of this regulation shall not apply in relation to any sale of dried partly skimmed milk or dried skimmed milk for immediate consumption on or at the premises of the seller or in or at any stall or mobile refreshment vehicle. 6. Offences and penalties (1) Any person who contravenes or fails to comply with any provision of these regulations 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. (L.N. 327 of 1987; L.N. 177 of 1996) (2) In any proceedings for a contravention of regulation 5(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. 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 prosecution 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. 362 of 1997; 78 of 1999 s. 7) First Schedule [reg. 4] Description of dried milk Percentage of milk fat Dried full cream milk Not less than 26 Dried partly skimmed milk Less than 26 and not less than 1.5 Dried skimmed milk Less than 1.5 Second Schedule [reg. 5]Labelling of Containers of Dried Milk 1. Every container—(a) containing dried partly skimmed milk shall bear the following declaration— DRIED PARTLY SKIMMED MILK (部 份 脫 脂 奶 粉)Contains not more than (z)% milk fat.Children under one year of age should not be fed on this milk except under medical advice. (除由醫生指導外不應用以餵哺一歲以下之嬰兒) (b) containing dried skimmed milk shall bear the following declaration— DRIED SKIMMED MILK (脫 脂 奶 粉)Children under one year of age should not befed on this milk except under medical advice. (除由醫生指導外不應用以餵哺一歲以下之嬰兒) Provided that if any substance has been added the appropriate declaration shall be modified in accordance with the provisions of paragraph 2. 2. If any substance, other than sodium bicarbonate, sodium citrate or sodium phosphate has been added to dried partly skimmed milk or dried skimmed milk contained in any container the declaration of the label shall be in the appropriate form prescribed in paragraph 1(a) or (b), as the case may be, with the following modifications—(a) there shall be added to the English lettering and Chinese characters which constitute the description of the milk—(i) the words “SWEETENED” and “(加糖)” respectively, where only sugar has been added; (ii) the words “MODIFIED” and “(調質)” respectively, where only a constituent of milk has been added; and (iii) the words “COMPOUNDED” and “(複合)” respectively in every other case; (b) except where sugar is the only added substance—(i) the expressions “with (x) added” and “(內加 (y))” shall be added to the declaration of the label; and (ii) the insertion shall be completed by inserting words at (x) and (y), in English lettering and Chinese characters respectively, in order to specify the substance or substances added. 3. The declaration prescribed in paragraph 1(a) shall be completed by inserting at (z) the maximum milk fat content expressed as a percentage of the total weight of the dried milk. (E.R. 4 of 2019) 4. Each declaration prescribed in paragraph 1 shall—(a) be marked distinctly and legibly, in English lettering and Chinese characters; (b) be printed in dark block type upon a light-coloured ground or in light block type upon a dark-coloured ground; (c) be enclosed by a surrounding line; (d) include within the surrounding line no matter other than that prescribed in paragraph 1. 5. Every label prescribed in paragraph 1 shall be securely affixed to or form part of the container, and shall be so placed on the side or top of the container as to be clearly visible. 6. No comment on or explanation of the prescribed declaration shall be placed on the label or container.