Required Report - public distribution

**Date:** 7/20/2004

**GAIN Report Number:** HK4018

HK0000

**Hong Kong**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2004**

**Approved by:**

![](media/image1.wmf)David Wolf

U.S. Consulate General, Hong Kong

**Prepared by:**

Caroline Yuen

**Report Highlights:**

Major Updates

1\. Section II (10) Enactment of the Food and Drugs (Composition and
Labeling) (Amendment) Regulation 2004

2\. Section VI (4) Public Health (Animal and Birds) (Chemical Residues)
Regulation in full implementation

3\. Section VI (6) Proposed Application of the Convention on Biological
Diversity and the Cartagena Protocol on Biosafety

4\. Section VII (1) U.S. beef entry to Hong Kong suspended

5\. Section VII (1) U.S. chicken feet to Hong Kong required to meet new
certification requirement effective April 30, 2005

6\. Section VII (7) Proposed Bill of Regulating Health Claims for Orally
Consumed Products

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Hong Kong \[HK1\]

\[HK\]

Table of Contents

[Section I. Food Laws 3](#section-i.-food-laws)

[Section II. Labeling Requirements
4](#section-ii.-labeling-requirements)

[1. Name of the Food 4](#name-of-the-food)

[2. List of Ingredients 5](#list-of-ingredients)

[4. Statement of Special Conditions for Storage or Instruction for Use
5](#statement-of-special-conditions-for-storage-or-instruction-for-use)

[5. Name and Address of Manufacturer or Packer
5](#name-and-address-of-manufacturer-or-packer)

[6. Count, Weight or Volume 6](#count-weight-or-volume)

[7. Appropriate Language 6](#appropriate-language)

[8. Exempt from Labeling Regulations
6](#exempt-from-labeling-regulations)

[9. Note 6](#note)

[10. Amendment Regulation 2004 6](#amendment-regulation-2004)

[11. Labeling on Biotech Food 7](#labeling-on-biotech-food)

[12 Nutrition Labeling 7](#nutrition-labeling)

[Section III. Packaging and Container Requirements
7](#section-iii.-packaging-and-container-requirements)

[Section IV. Food Additive Regulations
7](#section-iv.-food-additive-regulations)

[Section V. Pesticide and other Contaminants
8](#section-v.-pesticide-and-other-contaminants)

[Section VI. Other Regulations and Requirements
8](#section-vi.-other-regulations-and-requirements)

[1. Reserved Commodities 8](#reserved-commodities)

[2. Exotic Meats 9](#exotic-meats)

[3. Endangered Species 9](#endangered-species)

[4. Public Health (Animal and Birds) (Chemical Residues) Regulation
9](#public-health-animal-and-birds-chemical-residues-regulation)

[5. Import Duties 10](#import-duties)

[6. Proposed Application of the Convention on Biological Diversity and
the Cartagena Protocol on Biosafety
10](#proposed-application-of-the-convention-on-biological-diversity-and-the-cartagena-protocol-on-biosafety)

[Section VII. Other Specific Standards
11](#section-vii.-other-specific-standards)

[1. Game, Meat and Poultry 11](#game-meat-and-poultry)

[2. Milk 11](#milk)

[3. Frozen Confections 12](#frozen-confections)

[4. Marine Products 13](#marine-products)

[5. Plants 13](#plants)

[6. Animal Quarantine 13](#animal-quarantine)

[7. Health Foods 16](#health-foods)

[8. Proposed Amendments to Animal Ordinance to Enhance the Prevention
and Control of Veterinary Diseases
17](#proposed-amendments-to-animal-ordinance-to-enhance-the-prevention-and-control-of-veterinary-diseases)

[Section VIII. Copyright/Trademark Laws
17](#section-viii.-copyrighttrademark-laws)

[Section IX. Import Procedure 17](#section-ix.-import-procedure)

[Appendix I -- Government Regulatory Agency Contacts
17](#appendix-i-government-regulatory-agency-contacts)

**"This report was prepared by the Office of Agricultural Affairs of the
USDA/Foreign Agricultural Service in Hong Kong for U.S. exporters of
domestic food and agricultural products. While every possible care was
taken in the preparation of this report, information provided may not be
completely accurate either because policies have changed since its
preparation, or because clear and consistent information about these
policies was not available. It is highly recommended that U.S. exporters
verify the full set of import requirements with their foreign customers,
who are normally best equipped to research such matters with local
authorities, before any goods are shipped. FINAL IMPORT APPROVAL OF ANY
PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY'S RULES AND REGULATIONS.**

# Section I. Food Laws

# 

In Hong Kong, the legal framework for food safety control is defined in
part V of the Public Health and Municipal Services Ordinance, Cap.132
and subsidiary legislation. The basic tenet is that no food intended for
sale should be unfit for human consumption. List of subsidiary
legislation follows:

1 Coloring Matter in Food Regulations

2 Dried Milk Regulations

3 Food Adulteration (Artificial Sweeteners) Regulations

4 Food Adulteration (Metallic Contamination) Regulations

5 Food and Drugs (Composition and Labeling) Regulations

6 Food Business Regulation

7 Frozen Confections Regulation

8 Harmful Substances in Food Regulations

9 Imported Game, Meat and Poultry Regulations

10 Milk Regulation

11 Mineral Oil in Food Regulations

12 Preservatives in Food Regulations

Note: Exporters can purchase and order the basic (main) ordinance and
subsidiary legislation via international mail order at the following
address:

Publications Sales Section

Information Services Department

Room 402, 4/F

Murray Building

Garden Road

Hong Kong

Tel: 852 - 2842-8844

Fax: 852 -2598-7482

email : <puborder@isd.gov.hk>

Hong Kong Ordinance can be obtained from the website:
<http://www.info.gov.hk/justice>.

The Hong Kong Food and Environmental Hygiene Department (FEHD) is
responsible for implementing territory-wide food safety control policies
and enforcing food related legislation. It encourages Hong Kong food
importers to obtain health certificates issued by health authorities of
countries of origin, which should accompany imports certifying the food
product concerned is fit for human consumption. The legislation empowers
the FEHD to take food samples at point of entry to Hong Kong for various
kinds of tests, including bacteriological examination and chemical
analyses. The FEHD, upon request, will pay market prices of any food
samples taken.

Hong Kong and China Relationship

Hong Kong became the Special Administrative Region of the People's
Republic of China on July 1, 1997. The Basic Law (mini-constitution)
provides a constitutional framework for the Hong Kong Special
Administrative Region. It institutionalizes the concept of "one country,
two systems". The Basic Law clearly prescribes that the social, economic
and political systems in Hong Kong will be different from those in the
mainland of China. It protects the rights, freedoms and life-style of
Hong Kong people until the year 2047. The Basic Law guarantees the
independence of Hong Kong's judiciary and, apart from foreign affairs
and defense, gives Hong Kong people full responsibility to manage their
own affairs. It allows Hong Kong complete financial autonomy, and the
independence of its monetary system. Perhaps most importantly, it
establishes Hong Kong as a separate international customs territory,
enabling it to work directly with the international community to control
trade in strategic commodities, drugs, illegal transshipments, and to
protect intellectual property rights. Hong Kong remains a free port,
maintaining free trade practices.

In recent years, there has been strong support in both government and
commercial sectors for further economic integration between Hong Kong
and the Pearl River Delta in the southern part of China. Closer economic
cooperation between Hong Kong and the PRC is expected to facilitate
growth and lead to further restructuring of the Hong Kong economy.
Against such a background, the Hong Kong and Mainland Chinese
governments signed the Mainland and Hong Kong Closer Economic
Partnership Arrangement (CEPA) on June 29, 2003, formulating
co-operations in three broad areas, namely trade in goods, trade in
services, and trade and investment facilitation.

Under CEPA, made-in-Hong Kong products can be exported to China tariff
free and certain commercial sectors can have additional market access to
the Mainland China market. CEPA provides a channel for Hong Kong and
China to strengthen cooperation in the areas of trade and investment
facilitation. For example under the Customs Clearance Facilitation
provision, both governments will study the feasibility of data
interchange and development of electronic customs clearance system at
control points. Both sides also agree to strengthen cooperation in the
areas of inspection and quarantine of animals and plants and food safety
"so as to enable both sides to enforce their respective regulations more
effectively." (For details, please refer to Gain Report#3026.) While
Hong Kong's food import regulations remain separate from those of China,
the two governments are strengthening their communications and
cooperation.

# 

# 

# Section II. Labeling Requirements

The Food and Drugs (Composition and Labeling) Regulations require food
manufacturers and packers to label their products in a prescribed,
uniform and legible manner. The following information is required to be
marked on the label of all prepackaged food except for 'exempted items'
as provided in the Regulations. Prepackaged food means any food packaged
in such a way that the contents cannot be altered without opening or
changing packaging and the food is ready for presentation to the
ultimate consumer or a catering establishment as a single food item.

## 1. Name of the Food

a\) Prepackaged food shall be legibly marked or labeled with its name or
designation.

b\) The food name should not be false, misleading or deceptive but
should serve to make the nature and type of food known to the
purchasers.

## 2. List of Ingredients

a\) Preceded by an appropriate heading consisting of the words "
ingredients", "composition", "contents" or words of similar meaning, the
ingredients should be listed in descending order of weight or volume
determined as at the time of their use when the food was packaged.

b\) If an additive constitutes one of the ingredients of a food, it
should be listed by its specific name or by the appropriate category
(e.g. preservative, artificial sweetener, etc.) or by both name and
category. (Please see Amendment Regulation 2004 below)

3 Indication of "best before" or "use by" date

Prepackaged food shall be legibly marked or labeled with the appropriate
durability indication as follows:

a\) a "best before" (in Chinese characters as well) date; and

b\) in the case of a prepackaged food which, from the microbiological
point of view, is highly perishable and is likely, after a short period,
to constitute an immediate danger to human health, a " use by" (in
Chinese characters as well) date.

The words "use by" and "best before" in English lettering and Chinese
characters followed by the date up to which specific properties of the
food can be retained, to indicate the shelf life of the food. The "use
by" or "best before" date should be shown either in Arabic numerals in
the order of day, month and year (or month and year in certain
circumstances) (please see Amendment Regulation 2004 below) or in both
the English and Chinese languages. For specific details refer to the
Regulation.

Deep-frozen food and any food with a shelf life of more than 18 months
used to be exempt from the "Best before" date labeling requirement. The
Food and Drugs (Composition and Labeling) (Amendment) Regulation enacted
in February 1996 provided that "Best before" date labeling would be
required for these products upon further notice by the Hong Kong
government. On February 26, 1999, the Hong Kong government, by notice in
the Gazette, announced that pre-packaged deep-frozen food and
pre-packaged food which can reasonably be expected to retain its
specific properties for more than 18 months will have to bear the "Best
before" date effective June 1, 1999.

## 4. Statement of Special Conditions for Storage or Instruction for Use

If special conditions are required for storage to retain the quality or
special instructions are needed for prepackaged food use, a statement
should be legibly marked on the label.

## 5. Name and Address of Manufacturer or Packer

Prepackaged food shall be legibly marked or labeled with the full name
and address of the manufacturer or packer, except under the following
situations:

a\) The package is marked with an indication of the country of origin
and the name and address of the distributor or brand owner in Hong Kong,
and the address of the manufacturer or packer of the food in its country
of origin has been notified in writing to the Director of FEHD.

b\) The package is marked or labeled with an indication of its country
of origin and with a code marking identifying the manufacturer or packer
in that country and particulars of the code marking and of the
manufacturer have been notified in writing to the Director of FEHD.

## 6. Count, Weight or Volume

## 

The food label should include the numerical count or net weight or net
volume of the food.

## 7. Appropriate Language

## 

The marking or labeling of prepackaged food can be in either the English
or the Chinese language or in both languages. If both the English and
Chinese languages are used in the labeling or marking of prepackaged
food, the name of the food and the list of ingredients shall appear in
both languages.

## 8. Exempt from Labeling Regulations

Individually wrapped confectionery products and preserved fruits
intended for sale as a single item; Prepackaged foods for sale at
catering establishment for immediate consumption and those containing
more than 1.2 percent alcohol by volume. (Please see Amendment
Regulation 2004 below.)

## 9. Note

a\) Hong Kong government accepts stick-on labels as long as they meet
local requirements.

b\) Under the Food and Drugs (Composition and Labeling) Regulations, it
is an offense to sell any food after its "use by" date. Furthermore, any
person who, not being the food manufacturer or packer or without their
written authorization, removes or obliterates any particulars on the
label required under these regulations also commits an offense.

## 10. Amendment Regulation 2004

The Food and Drugs (Composition and Labeling) (Amendment) Regulation
2004 was passed on July 9, 2004. The essence of the amendments made to
the Regulation is listed below.

a\) Food labels should declare in the list of ingredients the presence
of eight types of substances, if any, which are known to cause allergy
in some individuals. The 8 categories are:

-   cereals containing gluten, i.e. wheat, rye, barley, oats, spelt or
    their hybridized strains and products of these;

-   crustacean and crustacean products;

-   eggs and egg products;

-   fish and fish products;

-   peanuts, soybeans and their products;

-   milk and milk products (lactose included);

-   tree nuts and nut products; and

-   sulphite in a quantity of 10 parts per million or more.

b\) Food labels should specifically indicate the name or code of the
food additive used;

c\) The restriction on the marking sequence in which the year, the month
and the day appear when Arabic numerals are used to show the "best
before" or the "use by" date would be lifted but the exact sequence has
to be clearly declared in both Chinese and English.

d\) Wines, fruit wines and other drinks with an alcoholic strength by
volume of 10 percent or more to be exempted from all labeling
requirements, as they currently are. As regards other alcoholic drinks
with an alcoholic strength by volume of more than 1.2 per cent but less
than 10 per cent, the durability period will need to be labeled on the
drinks. Apart from this, they will be exempted from all other labeling
requirements.

e\) Restrictions on the inclusion of additives in condensed or
evaporated milk and butter have been relaxed.

Grace period:

Except for the relaxation of additives in condensed or evaporated milk
and butter, which took effect on July 9, a grace period of 36 months is
allowed for all other amendments in the Amendment Regulation. The grace
period will end on July 9, 2007.

Meanwhile, the Hong Kong government in consultation with the trade will
prepare a voluntary code of practice for labeling drinks with an
alcoholic strength by volume of 1.2 percent or more.

##  11. Labeling on Biotech Food

At present, there is no labeling requirement for biotech foods. The Hong
Kong government is considering adopting voluntary labeling and
pre-market safety assessment for biotech foods but has set no timetable
for implementation.

## 12 Nutrition Labeling

The Hong Kong government also intends to implement a mandatory nutrition
labeling system, which will start to run on a voluntary basis for a
period of five to ten years. According to the proposal, all prepackaged
foods will eventually be subject to nutrition labeling. Details refer to
Gain Report #3040. Drafting of the regulation by the Hong Kong
government has not yet started.

# Section III. Packaging and Container Requirements

Hong Kong currently has no special requirements for packaging and
containers.

# Section IV. Food Additive Regulations

According to Hong Kong food laws, food additives do not include vitamins
and minerals used for enriching food nutrients, nor seasoning substances
like salt, herbs or spices. Food additives are not allowed in the
following circumstances:

-   to disguise defective raw materials like those which are bad or
    rotten

-   to enhance the color, odor and flavor or shelf-life of food but
    consequently leads to substantial damage or reduction of nutrients

-   to simplify or facilitate food processing where the desired effect
    can be obtained by proper processing practices and good hygienic
    standards

-   when the additives used are hazardous to health

Hong Kong food laws provide a list of permitted food preservatives,
coloring matter and artificial sweeteners. But certain permitted
preservatives can only be used in specified foods in specified amounts.
Details can be found in the following Regulations.

-   Preservatives in Food Regulations

-   Coloring Matter in Food Regulations

-   Food Adulteration (Artificial Sweeteners) Regulations;

-   Food Adulteration (Metallic Contamination) Regulations and

-   Harmful Substances in Food Regulations

# Section V. Pesticide and other Contaminants

The Pesticides Ordinance, Cap.133 administered by the Agriculture,
Fisheries & Conservation Department (AFCD) provides for the registration
and control of pesticides. The Ordinance includes a list of registered
pesticides approved for use in Hong Kong. The list is available from the
AFCD website (http://www.afcd.gov.hk/quarantine/animals_e.htm).

Pesticide Residues in Food

The FEHD is responsible for the overall safety of food on sale in Hong
Kong. To accommodate the practical need for pesticide, the Department
allows the presence of pesticide residues in food up to a certain level
called MRL (Maximum Residue Level). It adopts the MRL recommended by the
Codex Alimentarius Commission of the WHO/FAO (World Health
Organization/Food and Agriculture Organization of the United Nations).
Currently, Codex Alimentarius Commission has recommended MRL's for
around 190 pesticides, which are revised from time to time and made
public via its various publications.

For more information on Hong Kong's regulation on MRL, please refer to
gain report#HK4015.

# Section VI. Other Regulations and Requirements

# 

## 1. Reserved Commodities

Under the Reserved Commodities Regulations, imports and exports of rice
are required to be in accordance with valid import or export licenses
issued by the Director‑General of Trade and Industry. Licenses for rice
imports for local consumption will be issued to traders registered with
the Trade and Industry Department as a stockholder of rice.

Hong Kong's rice trade was fully liberalized on January 1, 2003, with
the elimination of the rice import quota system after 48 years in force.
In view of the gradual changes in the demand and supply of rice in Hong
Kong, the government reviewed the system and started to take steps to
relax trade restrictions since 1997 to enhance market competition. The
significant changes over the past few years included: (1) lifting
capital and financial requirements, (2) any parties being allowed to
register as importers, (3) allowing importers to sell directly to
consumers since 2001, (4) eliminating restrictions on import quantity,
and (5) reducing the reserve stock level gradually from 45,000 tons
before 1998 to 13,500 tons in 2002. All these changes have had a
combined effect of removing entry barriers and reducing operation costs.
(Details refer to Gain report#HK3002.)

#  2. Exotic Meats

For the import of exotic meats to Hong Kong, US exporters are advised to
contact the Fish and Wildlife Service to obtain the scientific name of
the animal. If the animal is an endangered species, a C.I.T.E.S.
(Convention on International Trade in Endangered Species of Wild Fauna
and Flora) certificate is required for the importation and exportation
of the product. In addition, the Hong Kong importer has to apply for an
import license from the Hong Kong Agriculture, Fisheries & Conservation
Department before the meat products of any endangered species can be
imported into Hong Kong.

If the animal is not an endangered species, the US exporter is required
to obtain a certificate from the Fish and Wildlife Service certifying
the animals' scientific name and its domesticated origin. This
certificate is necessary for importation of all exotic meats to Hong
Kong. U.S. exporters, however, are strongly advised to enquire about
documentation requirements from the Hong Kong Food and Environmental
Hygiene Department on individual cases.

## 3. Endangered Species

The import, export or possession of endangered species of animals and
plants is strictly regulated in Hong Kong in accordance with the Animals
and Plants (Protection of Endangered Species) Ordinance. Under the
Ordinance, except with exemptions, the import, export and possession of
the controlled species, including their parts and derivatives, are
subject to licensing controls. The Ordinance gives effect to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). The Ordinance applies to all parties, including
traders and individuals. Examples of controlled animals (including their
parts or derivatives) /wild plants/controlled medicines are as follows:
worked ivory; rhinoceros horn; tiger bone or other parts; bear gall
bladders, bile and bile powder; American ginseng; orchids; medicine
containing or claiming to contain rhinoceros or tigers ingredients; and
manufactured products of certain species. Effective June 1, 2004, more
endangered species including certain freshwater turtles, whale shark,
basking shark, seahorses and bigleaf mahogany are on the protection list
under the Ordinance. The revised protection list is to keep in line with
the latest revisions of the list of controlled species of CITES. A full
list of protected species in contained in the Ordinance's Schedule,
which is available from the website: http://www.info.gov.hk/justice.

In November 2000, the Hong Kong Agriculture, Fisheries and Conservation
Department (AFCD) amended the Animals and Plants (Protection of
Endangered Species) Ordinance to include cultivated ginseng as a
regulated product. The importation of cultivated ginseng (including
small quantities carried by travelers) has to be accompanied by a CITES
certificate issued by the exporting country. The regulation of wild
ginseng has long been under control even before November 2000. The
importation of wild ginseng requires not only a CITES certificate from
the exporting country but also an import permit issued by AFCD.

## 4. Public Health (Animal and Birds) (Chemical Residues) Regulation 

In late 2001, the Hong Kong Government enacted a new regulation under
the Public Health (Animal and Birds) Ordinance, Cap. 139 to control the
feeding of drugs and chemicals to food animals, and to control chemical
residues in livestock and livestock products. The new Regulation
prohibits the presence of seven chemicals, which could cause immediate
harm to humans, in local and imported food animals in Hong Kong. These
are the beta-agonists of clenbuterol and salbutamol; the synthetic
oestrogenic hormones of hexoestrol, diethylstilboestrol, and
dienoestrol, and the antibiotics of chloramphenicol and avoparcin. It
also establishes \"Maximum Residue Limits\" (MRLS) in line with
international standards for 37 restricted chemicals in tissues and milk
of local and imported food animals.

The Hong Kong government implemented the regulation in three phases with
the final phase taking effect on December 30, 2003. It would be an
offence for farmers or traders to keep food animals which had consumed
any of the seven prohibited chemicals, or to supply food animals or milk
in which the prescribed MRLs of the 37 other chemicals were exceeded.

For details of the regulation please refer to gain report #HK2001.

## 5. Import Duties

Hong Kong is a free port without imposing any duties on products with
the exception of four dutiable products: liquor, tobacco, hydrocarbon
oils and methyl alcohol. Actually, these duties are not import tariffs
because goods manufactured locally are also subject to the same tax
rate. Local importers have to apply for a license from the Hong Kong
Customs and Excise Department for the importation of dutiable
commodities. In addition, a licensed importer has to apply for a permit
for each and every consignment. The current duties are as follows:

Cigarettes per 1000 sticks US\$103 (HK\$804)

Cigars per kg US\$133 (HK\$1035)

Beer & liquor with less than 30% alcohol : 40%

Liquor with more than 30% alcohol : 100%

All wines: 80%

Note : Duties on wine were increased effective March 6, 2002. The old
duty was 60%.

## 6. Proposed Application of the Convention on Biological Diversity and the Cartagena Protocol on Biosafety

The Hong Kong government intends to extend the application of the
Convention on Biological Diversity and its Cartagena Protocol on
Biosafety to Hong Kong around the 2005/2006 timeframe. To this end, the
Hong Kong government plans to enact a new legislation to provide for the
following:

a\) Establishment of a licensing system for the Agriculture, Fisheries
and Conservation Department (AFCD) to process applications for first
imports of LMOs (Living modified organisms) into Hong Kong for
intentional introduction into the environment in accordance with the
Advance Informed Agreement (AIA) procedure of the Protocol;

b\) A requirement that an exporter in Hong Kong shall send a
notification enclosing the risk assessment report to the competent
authority of the importing party and obtain its prior consent for the
export of the LMO for first intentional introduction into the
environment at the importing end;

c\) A requirement that approval shall be obtained from AFCD prior to the
domestic use or export of a locally developed LMO for intentional
introduction into the environment or for direct use as food, feed or for
processing;

d\) Documentation requirements on trans-boundary movements of LMOs;

e\) Penalties for violation of the import, export or documentation
requirements set out in (a) to (d) above;

f\) Other miscellaneous matters including designation of the Director of
AFCD as the competent authority to discharge the Protocol's obligations
in Hong Kong; and

g\) Implementation of measures to fulfill our obligations under the
Protocol following future decisions made by Parties to the Protocol,
e.g. setting standards for the identification, handling, packaging and
transport of LMO.

# Section VII. Other Specific Standards

There are specific legal requirements or administrative arrangements for
the import of the following items due to their perishable or high-risk
nature \--

1\) game, meat and poultry;

2\) milk and milk beverages;

3\) frozen confections;

4\) marine products;.

> 5\) plants;
>
> 6\) live animals; and

7\) health food.

## 1. Game, Meat and Poultry

The importation of frozen or chilled beef, mutton and pork, and chilled
and frozen poultry is subject to import licensing control. The Food and
Environmental Hygiene Department (FEHD) of Hong Kong Government is
responsible for issuing import licenses for these foods.

The Imported Game, Meat and Poultry Regulations require meat or poultry
to be imported to Hong Kong with an official certificate issued by a
competent authority recognized by the FEHD. The Department recognizes
the United Sates Department of Agriculture as a competent authority.
However, the importation of ground meats and chilled meats from all
supplying countries including the US requires the importer to obtain a
permit in advance. (New requirement for the importation of chilled meats
is in place effective April 1, 2002. For details, please refer to Gain
report #2012.)

However, U.S. beef products are currently not allowed entry to Hong Kong
due to a BSE case in the United States in December 2003. Only U.S.
poultry originating from the State of Texas at the time of report
writing is still subject to trade suspension resulting from a highly
pathogenic avian influenza outbreak in early 2004 in the State of Texas.
Poultry from all other States is allowed provided slaughtered after
April 30, 2004.

Hong Kong government has also requested the U.S. health certification
for poultry feet/paws to be aligned with the poultry meat if they are to
be exported to Hong Kong, i.e, poultry feet/paws to have the same health
certification as the poultry meat. The new requirement will take effect
on April 30, 2005.

## 2. Milk

The Milk Regulation requires, any fluid milk or milk beverage to be
imported into Hong Kong from a source of manufacture that has been
approved by the Director of Food and Environmental Hygiene. Assistant
Director of FEHD exercises the authority on behalf of the Director to
make the approval. Before importing these food products into Hong Kong,
importers need to apply to the Assistant Director in writing and provide
the following information:

1\) the full name and address of the milk or milk beverage processing
plant;

> 2\) the law of the country of origin governing the production of milk
> or milk beverages;
>
> 3\) empty containers of the milk or milk beverage with labels;
>
> 4\) information on the heat treatment method of the milk or milk
> beverage and facilities, including production equipment and water
> supply, in the processing plant;
>
> 5\) a certificate from an appropriate authority in the country of
> origin for the purpose of \--
>
> \* certifying the effectiveness and efficiency of the heat treatment
> method in pasteurizing or sterilizing the milk or milk beverage and
> that the products have been handled, processed and packed under
> hygienic conditions
>
> \* showing the chemical and bacteriological quality of the products;
> and
>
> 6\) a statement from the manufacturer confirming the approximate
> shelf-life of the products.

After obtaining the approval and satisfying other conditions which may
be imposed by the Assistant Director of FEHD, importers may import the
milk or milk (beverages) products into Hong Kong. Initially, an import
permit is valid for six months, after four renewals, an import permit
valid for one year may be issued. When a milk or milk beverage
consignment arrives before its release, products will be inspected and
if necessary, sampled by the FEHD. Upon the FEHD's satisfaction, a
"release" letter will be issued to the local importer.

## 3. Frozen Confections

The Frozen Confections Regulation requires, any frozen confection to be
imported into Hong Kong from a source of manufacture approved by the
Director of Food and Environmental Hygiene. Assistant Director of FEHD
exercises the authority on behalf of the Director to make the approval.
Before importing these food products into Hong Kong, importers need to
apply to the Assistant Director in writing and provide the following
information:

> 1\) the full name and address of the frozen confection processing
> plant;

2\) the law of the country of origin governing the production of frozen
confections;

> 3\) empty containers or wrappers of the frozen confection with labels;
>
> 4\) information on the heat treatment method of the frozen confection
> and facilities, including production equipment and water supply, in
> the processing plant;
>
> 5\) a certificate from an appropriate authority in the country of
> origin for the purpose of \--
>
> \* certifying the effectiveness and efficiency of the heat treatment
> method in sterilizing the frozen confection and that the products have
> been handled, processed and packed under hygienic conditions
>
> \* showing the chemical and bacteriological quality of the products;
> and
>
> 6\) details of ingredients, including coloring matter, stabilizers and
> sweetening agents, etc., and their amount in the frozen confection.

After obtaining the approval and satisfying other conditions, which may
be imposed by the Assistant Director of FEHD, importers may import the
frozen confections into Hong Kong. Initially, an import permit is valid
for six months, after four renewals, an import permit valid for one year
may be issued. When a frozen confection consignment arrives and before
its release, the products will be inspected and if necessary, sampled by
the FEHD. Upon the satisfaction of the Department, a "release" letter
will be issued to the importer.

## 4. Marine Products

Marine products, being more liable to bacteriological or chemical
contamination in the harvesting zone or handling process, are considered
as high-risk food items, Hong Kong FEHD strongly encourages importers to
obtain health certificates issued by health authorities of countries of
origin to accompany their imports certifying that the marine products
concerned are fit for human consumption. When a consignment of marine
products arrives at entry points in Hong Kong, it may be subject to
inspection or sampling. If the importer concerned is not able to present
health certificates during inspection, the FEHD will take consignment
samples for examination before release.

## 5. Plants

The importation of plants to Hong Kong is subject to the Plant
(Importation and Pest Control) Ordinance, Cap. 207. Any plant imported
into Hong Kong must be accompanied by a Plant Import License issued by
the Agriculture, Fisheries & Conservation Department and a valid
Phytosanitary Certificate issued by the competent authority in the
country of its origin.

No Plant Import License or Phytosanitary Certificate will be required
for import of the following items:

-   Cut flowers

-   Fruit & vegetables for consumption

-   Grains, pulses, seeds and spices for human or animal consumption or
    for industrial use

-   Timber and timber products including rattan and bamboo

-   Dried tobacco and manufactured articles incorporating dried leaves

-   Plants produced in and imported from China

In order to avoid unnecessary delay in customs clearance of plants on
arrival, U.S. exporters are advised to ask their Hong Kong importers to
obtain a Plant Import License from the Hong Kong Agriculture, Fisheries
& Conservation Department prior to shipment of plants. If application is
found to be in order, a Plant Import License will normally be issued
after two working days from receipt of the application. The application
for a Plant Import License entails no fees.

## 6. Animal Quarantine

The relevant legislation covering the importation of live animals are as
follows:

-   Public Health (Animals and Birds) Ordinance and Subsidiary
    Legislation, Cap. 139 \[Particularly the Public Health (Animals and
    Birds) Regulations\]

-   Prevention of Cruelty to Animals Ordinance, Cap.169

-   Rabies Ordinance, Cap. 421

-   Animals and Plants (Protection of Endangered Species) Ordinance,
    Cap. 187

-   Public Health and Municipal Services Ordinance and Subsidiary
    Legislation, Cap.132

Requirement for a Permit in Advance

Importation of live animals and birds is regulated under the Public
Health (Animals and Birds) Regulations, Cap. 139 and the Rabies
Ordinance, Cap. 421. Importers must apply for a permit well in advance
from the Agriculture, Fisheries & Conservation Department before
importation. The importer must be a locally based person or a company
incorporated in Hong Kong who shall be answerable to the laws of Hong
Kong and shall take every precautionary measure to ensure that all
permit terms are fully complied with. The permit is valid for three
months and good for one consignment.

Animal Welfare, Crate Design, etc

Animals and birds must be transported, managed, handled and cared-for
humanely at all times. Measures must be taken to prevent animals
suffering from heat stress and infectious diseases at anytime. The crate
should be strongly built so as to prevent escape of animals. The crate
should be of good design, for example, it should not have any sharp
points or objects. It should be designed in such a way that the head or
feet of the animals will not be trapped somewhere inside. The handling
and delivery process is subject to the Prevention of Cruelty to Animals
Ordinance Cap. 169.

Permit Terms and Veterinary Health Certification

### 

Animals and birds imported to Hong Kong must be accompanied by a valid
veterinary health certificate issued by the competent veterinary
authority of the exporting country. Also, all the terms and conditions
of the permit must be fully observed so that the animals and birds can
successfully be imported into Hong Kong.

### 

Importation of Breeding Pigs

The animals on arrival at the airport must be accompanied by a
certificate signed by a government veterinary officer in the exporting
country, completed in English or Chinese and dated not more than 14 days
before departure with particulars i.e. breed, age, sex, body weight and
identification marks duly provided for each animal certifying the
following:

a\) the animals have been examined and found to be in good health and to
show no evidence of infectious or contagious diseases;

b\) the animals showed no clinical sign of Atrophic Rhinitis and were
kept since birth or for the six months prior to shipment, in an
establishment of the exporting country where no cases of Atrophic
Rhinitis was officially reported during the past year;

c\) the animals showed no clinical sign of Porcine Brucellosis; were
kept in a herd free from Porcine Brucellosis and were subjected to a
diagnostic test for Porcine Brucellosis with negative results during the
30 days prior to shipment.

d\) the animals originate from a herd which has been free from Swine
Fever, Rabies, and Foot-and-Mouth disease during the preceding twelve
months; and the region of origin has been free from these diseases for
the preceding twelve months;

e\) Either I) the pigs were vaccinated against Aujeszky's disease or

> II\) they come from a herd in which no clinical sign of Aujeszky's
> disease was officially reported during the 12 months prior to shipment
> and

\* were isolated in the establishment of origin for 30 days before entry
into a quarantine station, were subjected to diagnostic tests for AD
with negative results for the whole batch and were clinically healthy
and

\* were kept in a quarantine station for the 30 days prior to shipment
and, not less than 21 days following the test mentioned above, were
subjected to diagnostic tests for AD with negative results for the whole
batch of pigs.

\[Note : Term e) may be waived provided that the government veterinary
officer certifies that the animals come from a country which is free of
Aujeszky's disease.\]

f\) I) showed no clinical sign of Leptospirosis

> II\) were kept in an establishment in which no clinical sign of
> Leptospirosis was officially reported during the 90 days prior to
> shipment;
>
> III\) were injected twice with 25 mg dihydrostreptomycin or
> streptomycin per kg of live body weight, the first injection being
> given 14 days prior to shipment and the second on the last working day
> before the day of shipment.
>
> \[Note : for pigs imported from USA the following term may be used as
> an alternative to f(iii): the pigs were injected twice with
> oxytetracycline (25 mg/kg), the first injection being given 14 days
> prior to shipment and the second on the last working day before the
> day of shipment.\]

The animals on arrival must be taken under escort by an officer of the
Agriculture, Fisheries & Conservation Department, to the approved
premises where they must be kept in quarantine for at least 28
consecutive days. They will be subject to inspections by an officer of
that Department.

Importation of Horses

Each individual horse must be accompanied by an import permit, a
veterinary health certificate and an identification silhouette as
prescribed by the Agriculture, Fisheries & Conservation Department. All
horses into Hong Kong must undergo a post arrival isolation period under
approved veterinary supervision for a minimum of 14 days during which
appropriate testing vaccination against equine influenza will be
initiated.

Importation of Poultry and Birds

Post-arrival quarantine is not required for poultry and birds. To
prevent avian influenza, all bird and poultry imports must be
accompanied by a veterinary health certificate and a diagnostic test
laboratory report attesting that the birds are free from H5 avian
influenza infection. The certificate should state that the birds have
not been kept at premises where there is serological or biological
evidence of H5 avian influenza virus infection having occurred within
the 180 days immediately preceding the day on which the health
certificate was issued. Also, it has to certify that the birds have been
segregated from other birds for 5 days immediately preceding the day on
which the health certificate was issued.

Importation of Dogs and Cats

Dogs and cats exported from the U.S. to Hong Kong may be exempt from
quarantine if all the permit terms are fully complied with. Major import
requirements are highlighted as follows:

-   The area where the animal(s) has/have been continuously residing
    during the preceding six months or since birth is free of any
    reported cases of rabies.

-   The animal(s) under 2 months of age cannot be imported. The
    animal(s) must be over 5 months of age. If the animal(s) is/are
    under 5 months of age, the animal(s) will have to be kept under
    quarantine until that age. If the animal is a female, she is either
    not pregnant or less than 4 weeks pregnant.

-   The animal(s) must travel as manifest cargo (covered by an Airway
    Bill) by the most direct route without stopping over in any other
    countries.

-   The animal(s) has/have been vaccinated against rabies not less than
    30 days and not more than one year before coming to Hong Kong.

-   The animal(s) has/have been fully vaccinated against the following
    canine/feline infectious diseases not less than 14 days and not more
    than 1 year before coming to Hong Kong:

Dog - Canine Distemper, Infectious Canine Hepatitis and Canine
Parvovirus

> Cat - Feline Panleucopaenia (Infectious Enteritis) and Feline
> Respiratory Disease Complex (Cat Flu).

## 7. Health Foods

The Hong Kong government has introduced the Undesirable Medical
Advertisement (Amendment) Bill to the Legislative Council for
deliberations with a view to prohibiting or restricting the advertising
of six types of health claims for orally consumed products. The
amendments are proposed as follows:

Advertising of claims is prohibited for the following:

-   prevention, elimination or treatment of breast lumps;

-   regulation of the function of the genitourinary system; and

-   regulation of the endocrine system.

Advertising of claims is restrictive for the following:

-   regulation of body sugar or glucose and/or alteration of the
    function of the pancreas,

-   regulation of blood pressure; and

-   regulation of blood lipid or cholesterol.

Restricted advertising means that advertising for health claims is
allowed provided that the product carries a disclaimer saying that the
product is not registered in Hong Kong as a western or Chinese medicine.

The Hong Kong government has not set any timetable for the enactment of
the Bill. According to the proposal, the "health food" industry would be
given a grace period of at least 18 months to enable them to make
changes and preparation in order to comply with the new requirements.

Currently, pharmaceutical products are subject to the Pharmacy and
Poisons Ordinance (PPO) while Chinese Medicine are subject to the
Chinese Medicine Ordinance (CMO). For general food products, the Public
Health and Municipal Services Ordinance requires manufacturers and
sellers to ensure their products are fit for human consumption.
Furthermore, the Undesirable Medical Advertisements Ordinance prohibits
advertisements claiming that a product has curative or preventive
effects on any of the diseases listed in the schedule to the Ordinance.
The existing regulatory framework, however, does not cover health foods
with health claims.

For more details, please refer to gain report #HK4017.

## 8. Proposed Amendments to Animal Ordinance to Enhance the Prevention and Control of Veterinary Diseases

The existing Public Health (Animals and Birds) Ordinance and Regulations
impose import controls on live animals and birds only. The AFCD has
proposed to amend the Ordinance and Regulations to exercise import
control over fish, fodder (used by animals, birds and fish), carcasses
and parts of animals, birds and fish, and other articles used in
conjunction with animals, birds and fish that may introduce disease. The
proposed amendments to the Ordinance will empower the Director of AFCD
to impose Health or Sanitary Certification on imports when a risk to
public or veterinary health arises from the import of products covered
by the Ordinance; for example, meat and bone meal derived from ruminants
with a view to preventing the introduction of BSE. Meat imported from
countries where serious veterinary diseases occur, such as
foot-and-mouth disease, will also be subject to certification if
necessary.

The amendment process is still at a very preliminary stage. The proposal
has not yet been introduced to the Legislative Council for
deliberations.

# Section VIII. Copyright/Trademark Laws

The new Trade Marks Ordinance came into effect on April 4, 2003
replacing the existing Trade Marks Ordinance which was enacted in the
1950s. The new Trade Marks Ordinance will simplify the registration
procedure of trade marks, increase the range of signs that can be
registered as marks to allow sound and smell marks to be registered,
simplify the licensing and assignment procedures for trade marks, and
provide increased protection for trade marks. Also, the new ordinance
allows parallel imports except when \"the condition of the goods has
been changed or impaired after they have been put on the market, and the
use of the registered trade mark in relation to those goods is
detrimental to the distinctive character or repute of the trade mark \".

The government has introduced an online trademarks search facility on
January 30, 2003. The system contains all registered trademarks and
trademark applications in force on the Hong Kong Register of Trade
Marks. The facility is free at [http://ipsearch.ipd.gov.hk.]{.underline}

# Section IX. Import Procedure

The Hong Kong FEHD requires importers to provide an official health
certificate for the importation of meat products, frozen confection and
dairy products. When a consignment arrives and before its release, the
products will be inspected and if necessary sampled. Upon the
satisfaction of the Department, a " release" letter will be issued to
the importer.

# Appendix I -- Government Regulatory Agency Contacts

Department to implement food safety control policy

> Food & Environmental Hygiene Department
>
> 43/F., Queensway Govt Offices
>
> 66 Queensway
>
> Hong Kong
>
> Tel: 852-2868-0000
>
> Fax: 852-2834-8467
>
> Web site: [http://www.fehd.gov.hk]{.underline}
>
> E-mail: <enquiries@fehd.gov.hk>

Department to control the importation of plants & live animals

> Agriculture, Fisheries & Conservation Department
>
> 5-8/F., Cheung Sha Wan Govt Offices
>
> 303, Cheung Sha Wan Rd
>
> Kowloon, Hong Kong
>
> Tel: 852-2708-8885
>
> Fax: 852-2311-3731
>
> Web site: [http://www.info.gov.hk/afcd]{.underline}
>
> E-mail: mailbox@afcd.gov.hk

Department to issue licence for imported reserved commodities

> Trade & Industry Department
>
> 18/F., Trade Department Tower
>
> 700 Nathan Road
>
> Kowloon, Hong Kong
>
> Tel: 852-2392-2922
>
> Fax : 852-2789-2491
>
> Web site: http://www.info.gov.hk/tid
>
> Email : <enquiry@tid.gov.hk>

Department to register health foods containing medicine ingredients

Department of Health

Pharmaceuticals Registration

Import & Export Control Section

18^th^ Floor, Wu Chung House

213 Queen's Road East, Wanchai

Hong Kong

Tel : 852-2961-8754

Fax : 852-2834-5117

Web site : [http://www.info.gov.hk/dh/index.htm]{.underline}

Department to issue licence for imported dutiable commodities

> Hong Kong Customs & Excise Department
>
> Office of Dutiable Commodities Administration
>
> 6-9th floors, Harbor Building
>
> 38 Pier Road
>
> Central
>
> Hong Kong
>
> Tel: 852-2815-7711
>
> Fax: 852-2581-0218
>
> Web site: <http://www.info.gov.hk/customs>
>
> [Email : customsenquiry@cutsoms.gov.hk]{.underline}

Department for Trade Mark Registration

Intellectual Property Department

Trade Marks Registry

24th and 25th Floors, Wu Chung House

213 Queen's Road East

Wan Chai

Hong Kong

Tel : 852-2803-5860

Fax : 852-2838-6082

Web site : <http://www.info.gov.hk/ipd/eng/index.htm>

World Trade Organization (WTO) Enquiry Point

> Trade & Industry Department

Regional Cooperation Division

18/F., Trade Department Tower

700 Nathan Road

Kowloon, Hong Kong

Tel: 852-2392-2922

Fax: 852-2398-3747

Web site: [http://www.info.gov.hk/tid]{.underline}

E-mail: enquiry[\@tid.gov.hk]{.underline}

Appendix II - Other Import Specialist Contacts

Agricultural Trade Office

American Consulate General

18^th^ Floor, St. John's Building

33 Garden Road, Hong Kong

Tel: (852) 2841-2350

> Fax: (852) 2845-0943

E-Mail: [ATOHongKong@usda.gov]{.underline}

Internet Homepage : [http://www.usconsulate.org.hk]{.underline}

[http://www.usfoods-hongkong](http://www.usfoods-hongkong/).net