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Following is a question by the Hon Andrew Leung and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (June 8):
Question:
The Food and Drugs (Composition and Labelling) (Amendment: Requirements for Nutrition Labelling and Nutrition Claim) Regulation 2008 (L.N. 69 of 2008) (Amendment Regulation) has come into effect since July 1, 2010. The Amendment Regulation implements a Nutrition Labelling Scheme which covers two types of nutrition information on food labels, namely nutrition labelling and nutrition claims. From July 1, 2010 onwards, most prepackaged food products are required to bear a label containing a food nutrient table, but food products with annual sales volume not exceeding 30 000 units may be exempted (exempt food products). Nevertheless, exempt food products are required to have a specific label on the packages to indicate their exemption status, and the exemption grantees may not make any nutrition claim in respect of such food products on the label or in any advertisement. In this connection, will the Government inform this Council of the following since July 1, 2010:
(1) the number of times for which the authorities conducted sample tests on their own initiative to check if the nutrient content of prepackaged food products tallied with the information on the nutrition labels; the number of non-compliance cases found in such tests, and the penalties imposed generally by the court on the persons convicted;
(2) the number of complaints received by the authorities relating to discrepancies between the food nutrient content and the information on the nutrition labels; how the authorities followed up those cases, and the relevant details; and
(3) whether the authorities conducted random inspections to see if the labels of exempt food products have contravened the requirement that they may not carry any nutrient claims; if they did, of the details; if not, the reasons for that?
Reply:
President,
The Nutrition Labelling Scheme for Prepackaged Food (the Scheme) came into effect on July 1, 2010. The Scheme aims at assisting consumers in making informed food choices; encouraging food manufacturers to apply sound nutrition principles in the formulation of foods; and regulating misleading or deceptive labels and claims. The Scheme covers nutrition labelling and nutrition claims (which include nutrient content claims, nutrient comparative claims and nutrient function claims).
To minimise the impact on food choices, the Government has, upon the introduction of the Scheme, established a Small Volume Exemption (SVE) scheme which applies to prepackaged food products of relatively small sales volume. For a prepackaged food product with annual sales volume in Hong Kong not exceeding 30 000 units, the food manufacturer/importer may apply to the Director of Food and Environmental Hygiene for nutrition labelling exemption for the food product. If the sales volume does not exceed the exemption limit of 30 000 units in a year, the food manufacturer/importer may apply for renewal of the exemption. The SVE scheme does not cover infant formulae, follow-up formulae and prepackaged food for infants and young children.
Part 2 of Schedule 6 under the Food and Drugs (Composition and Labelling) Regulations (Cap. 132W) stipulates that grantees of nutrition labelling exemption for prepackaged food products should observe the conditions imposed, including that the exempted products should each bear a specific label indicating their exemption status, the grantees should not make any nutrition claim on the label of, or in any advertisement for, the exempted products, etc. In case of non-compliance of the grantees with the conditions for exemption, the Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department will, according to the laws, ask for an explanation from the grantees for the irregularities. CFS may revoke the exemption granted by notifying the grantees in writing if CFS does not accept the grantees' explanation.
My reply to the questions raised by the Hon Andrew Leung is as follows:
(1) Section 61 of the Public Health and Municipal Services Ordinance (Cap. 132) stipulates that all information and claims shown on labels should be true and correct, and must not contain any false or misleading information. Up to May 31 this year, CFS had taken a total of 2 982 prepackaged food samples from the market for laboratory analysis to verify the compliance of their nutrient content with the claims made on the nutrition labels. The results of the analysis indicated that the actual nutrient content of 258 samples was inconsistent with the stated values on the nutrition labels. Two of the cases were convicted with a fine of $3,000 and $6,000 respectively. CFS will continue to monitor the nutrition labelling of prepackaged food products on the market and take enforcement actions as appropriate.
(2) Up to May 31 this year, CFS had received 71 complaints involving discrepancies between the food content and their nutrition labels. CFS had taken follow-up actions on all of the cases. Subsequent follow-up investigations showed that the nutrition labels concerned had been rectified or the sale of the food products had been suspended.
(3) Up to May 31 this year, CFS had examined 1 071 exempted food products on the market in order to ascertain whether the grantees had observed the conditions imposed for nutrition labelling exemption. Based on the examination results, CFS had issued 13 letters (two of which involved making nutrition claims on exempted food products) to seek explanation from the grantees for the irregularities. Subsequent follow-up investigations showed that all grantees involved had either rectified the irregularities or stopped selling the food products concerned.
Ends/Wednesday, June 8, 2016
Issued at HKT 15:29
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