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Following is a question by the Hon Helena Wong and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (June 8):
Question:
Under section 4 of the Pesticide Residues in Food Regulation (Cap. 132 CM) (the Regulation), a person may sell for human consumption a food which contains pesticide residues only if the concentration of the pesticide residues does not exceed the maximum residue limit (MRL) specified, for that particular pesticide in respect of the food, in Part 1 of Schedule 1 to the Regulation (Part 1). It is learnt that some foods which are not popular worldwide but are commonly consumed by local people, such as Indian lettuce, white radish, lotus root and bean sprout, are not covered by Part 1. In January this year, the Office of the Ombudsman published an investigation report on improper handling of food safety complaints by the Food and Environmental Hygiene Department (FEHD). As pointed out in the investigation report, the Centre for Food Safety (CFS) under FEHD mistakenly classified Indian lettuce under "Lettuce, Leaf" among the food listed in Part 1, and subsequently reclassified Indian lettuce as "leafy vegetables", a type not covered by Part 1. In response to media enquiries, CFS has indicated that "Indian lettuce and white radish belong to 'leafy vegetables' and 'root and tuber vegetables' respectively according to the current classification of vegetables by CFS. For food items of local specialties but with no MRLs specified, CFS will conduct risk assessments according to the statutory requirements to determine whether consumption of the food is hazardous or prejudicial to health when pesticide residues are detected in that food." In this connection, will the Government inform this Council:
(1) whether it was after the publication of the aforesaid investigation report that CFS reclassified/classified Indian lettuce and white radish as "leafy vegetables" and "root and tuber vegetables" respectively; if so, of the details of the procedure and process involved in the reclassification/classification of vegetables;
(2) of the vegetable types under which lotus root and bean sprout are currently classified by CFS, and whether such types are covered by Part 1;
(3) of the number of food items of local specialties currently not listed in Part 1 and the name of each of those items; and
(4) among the 360 pesticides covered by Part 1, of the number and the names of those which are highly toxic?
Reply:
President,
The Pesticide Residues in Food Regulation (Cap. 132CM) (the Regulation) aims at strengthening the regulation of pesticide residues in food to protect public health and promote harmonisation between local and international standards. Any person who imports, manufactures or sells any food not in compliance with the requirements of the Regulation commits an offence and is liable to a maximum fine of $50,000 and imprisonment for six months upon conviction.
Schedule 1 to the Regulation specifies the maximum residue limits (MRLs)/extraneous maximum residue limits (EMRLs) for certain pesticide-food pairs, i.e. the maximum concentration of specified pesticide residues permitted in specific food commodities. The MRLs are established on the basis of the data obtained from scientific studies of the field trials following the Good Agricultural Practice (GAP). GAP aims at ensuring that the use of pesticides for pest control during food production leaves residues in food as low as practically achievable and serves as a set of regulations on the safe use of pesticides as recognised by various countries and regions.
The Centre for Food Safety (CFS) primarily adopted the standards set by the Codex Alimentarius Commission (Codex) (Note) when preparing Schedule 1 to the Regulation, and supplemented it with the relevant standards of major food exporting countries and regions to Hong Kong. Also, the CFS took into account comments received during public consultation. The CFS also conducted risk assessment on these standards to safeguard food safety and public health in Hong Kong.
Where Schedule 1 to the Regulation does not specify the MRLs/EMRLs of a certain type of food (e.g. white radish), the MRL/EMRL of the respective food group applies (e.g. the standard under the group "root and tuber vegetables" applies to white radish).
The CFS has, prior to the implementation of the Regulation, introduced the Guidelines on Food Classification for the Pesticide Residues in Food Regulation (Cap. 132CM) (Guidelines). The Guidelines are intended to facilitate the trade in identifying the appropriate pesticide residue limits that are relevant to the food commodities concerned. In view of the huge range of food products, it is neither practical nor feasible that the Guidelines provide an exhaustive list covering all types of food. In fact, the Guidelines have covered the foods commonly found in Hong Kong. It is stipulated in the Guidelines that traders should, apart from using the Regulation and the Guidelines as reference, refer to the original Codex classification system for an updated list of food classification where necessary. Keeping itself abreast of the latest development of the Codex classification system (including classification of local food products which cannot be categorised yet), the CFS reviews and augments the local food classification as and when appropriate. The CFS also revises the Guidelines when there is a need for food reclassification after review.
Technological advancement brings changes to the use of pesticides. Different countries and regions need to pay close heed to the latest international developments and review their relevant regulations from time to time as appropriate. For pesticide residues which Schedule 1 to the Regulation has not specified the MRLs/EMRLs, the Regulation stipulates that the import or sale of food containing such pesticide residues is only allowed if the consumption of the food concerned is considered not dangerous or prejudicial to health. Based on local food consumption patterns and available safety reference values, the CFS conducts risk assessments on the level of pesticide residues detected in samples of pesticide-food pairs with no specified MRLs/EMRLs, to ensure that the consumption of the food concerned will not be dangerous or prejudicial to health. Generally speaking, risk assessment is a science-based method which has been well-recognised in the international arena and endorsed by the Expert Committee on Food Safety set up under the CFS. This method also allows flexibility in our regulation framework to meet the practical needs and accord adequate protection for public food safety.
In short, all substances which fall within the definition of "food" are regulated under the Regulation. Regardless of whether there is a MRL/EMRL specified in Schedule 1 to the Regulation for a pesticide-food pair or not, or which food classification methods and arrangements are adopted, all of the food offered for sale in Hong Kong must be fit for human consumption under the Public Health and Municipal Services Ordinance.
Since the Regulation has come into effect in August 2014, the CFS has taken more than 55 900 food samples at import, wholesale and retail levels for testing of pesticide residues. A total of 140 vegetable and fruit samples were detected as having excessive pesticide residues. The overall unsatisfactory rate was less than 0.3 per cent. Through its routine Food Surveillance Programme, the CFS continues to adopt a risk-based approach for testing food samples (including vegetables) taken at the import, wholesale and retail levels to ensure their compliance with the legal requirements in Hong Kong and fitness for human consumption.
My reply to the questions raised by the Hon Helena Wong is as follows:
(1) As reflected in the Guidelines, "white radish" is classified as "root and tuber vegetables" by the CFS. The MRL/EMRL of "root and tuber vegetables" applies to "white radish".
As for "Indian lettuce", after conducting review, the CFS revised the Guidelines in 2015 to reclassify it as "leafy vegetables" and conducted a technical meeting with the trade in July 2015 to inform the trade of the revision. The on-line version of the Guidelines was revised accordingly as well. All these were carried out and completed well before the publication of the Ombudsman's report in question in January 2016.
(2) The CFS is planning to classify "lotus root" and "bean sprout" as "root and tuber vegetables" and "leafy vegetables" respectively with reference to the Codex's new food classification system. CFS is studying this proposal.
(3) There exists a huge range of food products. Different countries and regions have different commonly consumed items. The Codex updates its food classification system from time to time. In classifying food items which are commonly found in Hong Kong but less so in international markets, the CFS has drawn reference from the Codex food classification system. Keeping itself abreast of the latest development of the Codex classification system (including classification of local food products which cannot be categorised yet), the CFS reviews and augments the local food classification as and when appropriate.
(4) According to the World Health Organization's classification and principles for classification of pesticides by hazard, among the 360 pesticides listed in the Regulation, nine are extremely hazardous and 29 are highly hazardous (see Annex). As for the potential hazard to human health by consuming food commodities containing pesticide residues, risk assessment should be conducted on the toxicological data on the pesticides as well as the level of pesticide residue intake from meals. In preparing Schedule 1 to the Regulation, risk assessment had been conducted by the CFS to ensure adequacy of the standards to protect public health in Hong Kong.
Note: The Codex is an international body established in 1963 by the Food and Agriculture Organization of the United Nations and the World Health Organization to develop food-related standards and guidelines for protecting the health of consumers and ensuring fair trade practices in the food trade.
Ends/Wednesday, June 8, 2016
Issued at HKT 19:23
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