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Following is a question by the Hon Starry Lee and a reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (November 20):
Question:
It has been reported that a university professor claimed earlier that he had conducted tests on the turtle jelly products of a certain brand and found no constituents of turtle plastrons, and the commercial establishment concerned claimed that there had been a significant drop in business and its goodwill had been undermined as a result. The Customs and Excise Department subsequently test-purchased and collected samples of turtle jelly products of different brands in various districts of the territory for testing by the Government Laboratory, with the findings that all samples contained turtle constituents. In this connection, will the Government inform this Council:
(a) how the authorities generally handle reports of alleged discrepancies between the composition of food products and product descriptions; whether the Government has prescribed composition standards for turtle jelly products; how the authorities at present conduct laboratory tests on the composition of food products, as well as the organisations that conduct such tests and the criteria adopted for selecting the testing method;
(b) when the laboratory test results of private testing organisations show that a food product does not meet the safety standards or that the descriptions of that food product may have violated the Trade Descriptions Ordinance, how the relevant government departments will follow up such cases; whether there were occasions in the past five years on which tests on the same food product conducted separately by the Government Laboratory, the testing organisations commissioned by the Government and private testing organisations generated remarkably different results; if there were, of the reasons and the number of relevant cases; and
(c) where the Government's laboratory test results confirm that the composition of food products conforms with the relevant descriptions or safety standards, whether the authorities will assist the commercial establishments affected by false laboratory test results in making claims or request the private testing organisations which have conducted the relevant tests to make clarifications?
Reply:
President,
My reply to the various parts of the Hon Starry Lee's question is as follows:
(a) Under the Trade Descriptions Ordinance (Cap. 362) (TDO), any person who supplies any goods with a false trade description in the course of any trade or business, or has in his possession for sale any goods with a false trade description, commits a criminal offence. The maximum penalty on conviction is a fine of $500,000 and imprisonment for five years.
Upon receiving a report of alleged discrepancies between food composition and product description, or a report or any information on the possible contravention of the TDO relating to the description of a food product, the Customs and Excise Department (C&ED), as the enforcement agency of the TDO, will normally first examine the report in detail and, where necessary, purchase the food product concerned on the market for testing of composition by the Government Laboratory (GL). Based on the test results, the C&ED will examine whether or not the food composition is inconsistent with the product description to the extent of constituting an offence of false trade description under the TDO, with a view to deciding on the necessary enforcement actions. If food safety is involved, the C&ED will liaise with the Centre for Food Safety (CFS) under the Food and Environmental Hygiene Department for coordinated follow-up actions.
The CFS is responsible for ensuring that food for sale in Hong Kong is fit for human consumption, in the interest of safeguarding public health. It carries out regulatory and enforcement work in accordance with the provisions on food safety, food standards and labelling requirements under the Public Health and Municipal Services Ordinance (Cap. 132) (PHMSO) and its subsidiary legislation. The Food and Drugs (Composition and Labelling) Regulations (Cap. 132W) (the Regulations) under the PHMSO stipulate that the label of prepackaged foods shall specify information such as the name or designation of food and list of ingredients. The Regulations also regulate misleading or deceptive nutrition labels and nutrition claims of prepackaged foods. Any person who does not comply with the above-mentioned provisions renders himself liable to a maximum fine of $50,000 and imprisonment for six months.
Upon receiving a complaint or report relating to the provisions on food safety, food standards and labelling requirements under Cap. 132 and its subsidiary legislation, the CFS will follow up the case in accordance with such provisions, including taking samples of food that is the subject of complaint or collecting samples of relevant food products from the market for testing and analysis by the GL.
Besides, the CFS monitors food incidents in Hong Kong, the Mainland and overseas on a daily basis. If any laboratory test report of private testing organisations shows that a product may have food safety problems, the CFS will study the relevant report and assess the potential health risks to the public so as to formulate the most appropriate risk management measures and risk communication messages. The CFS will collect product samples whenever necessary for testing by the GL for hazardous substances, before determining whether any further actions are required.
If in the course of its work (such as when engaged in food surveillance or handling complaints and food incidents etc.), the CFS comes across cases involving false trade descriptions, it will refer them to the C&ED for follow-up actions.
At present, there are no international or recognised product standards for the ingredients of turtle jelly products. Nor are there any specific composition standards for turtle jelly products in our legislation.
The GL, which provides laboratory testing services to the C&ED and the CFS, is an internationally recognised laboratory providing world-class scientific services. Food products and their composition are tested by using the most comprehensive and appropriate methodologies. The GL will primarily adopt the composition standards and testing methods promulgated by international authorities, such as the International Organization for Standardization and Codex Alimentarius Commission. If necessary, the GL will make reference to the relevant national standards and scientific literature for various objective and scientific testing of the samples received.
(b) Part (a) of my reply gives an account of the follow-up action that would be taken by the relevant Government departments when the laboratory test results of private testing organisations show that the descriptions of a food product may have violated the TDO, or that a food product does not meet food safety standards.
It is not always the case that we can make direct comparison between the test results arrived at by different testing organisations for a product of the same brand. Apart from the possible difference in the purposes that the tests are intended to serve, whether or not the samples are collected at the same time and place, and whether or not they are from the same manufacturing plant, produced on the same day or come from the same batch of products may also contribute to the difference in the testing results. With respect to the turtle jelly products in question, the C&ED and the private testing organisation concerned did not collect their samples on the same day and at the same place.
In the past five years, we did not come across any case handled by C&ED where seemingly different results were observed for the tests performed on the same product sample by the GL and private testing organisations. The CFS did not keep records of any such cases over the past five years. As the regulatory agency responsible for food safety in Hong Kong, the CFS relies solely on the official test results for taking enforcement actions.
(c) As mentioned above, the C&ED is the enforcement agency of the TDO, while CFS works to ensure food safety, thereby safeguarding public health. Under the two departments, there is no mechanism for assisting commercial establishments affected by inaccurate laboratory test results in laying statutory claims. Nor do the two departments have the authority to seek clarifications from the private testing organisations responsible for the relevant tests for the purpose of assisting such establishments. If necessary, the commercial establishments concerned may follow up the case by seeking legal advice from their solicitors. If requested by the court, the relevant government departments will provide inputs in the light of the circumstances of individual cases.
Separately, the Hong Kong Accreditation Service (HKAS) under the Innovation and Technology Commission provides accreditation service for laboratories in Hong Kong through the Hong Kong Laboratory Accreditation Scheme (HOKLAS). HOKLAS aims to upgrade the standard of testing and management of Hong Kong laboratories, officially recognise their competence in performing specific tests, and promote the acceptance of endorsed test reports issued by accredited laboratories, both locally and internationally. HOKLAS is open to voluntary participation. If there is any report or complaint against an accredited laboratory or its accredited services, HKAS will approach the accredited laboratory. Should serious non-conformity with accreditation regulations or technical criteria be identified, HKAS may suspend or terminate the relevant accreditation of the laboratory. Where any illicit practice comes to light, HKAS will inform the relevant law enforcement agencies for follow-up actions.
Ends/Wednesday, November 20, 2013
Issued at HKT 17:12
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