Required Report - public distribution

**Date:** 8/1/2006

**GAIN Report Number:** HK6017

HK0000

**Hong Kong**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2006**

**Approved by:**

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

U.S. Consulate General, Hong Kong

**Prepared by:**

Caroline Yuen

**Report Highlights:**

In 2004, an amendment to Hong Kong's Labeling Regulation was passed. The
2004 amendment requires food labels to list allergens, if present in the
food, and to provide functional class and name or identification number
(under the International Numbering System) for food additives. The grace
period will end by July 2007. The Hong Kong government will soon release
a guideline for voluntary labeling for biotech foods.

Includes PSD Changes: No

Includes Trade Matrix: No

Scheduled Report

Hong Kong \[HK1\]

\[HK\]

Table of Contents

[**SECTION I. FOOD LAWS 3**](#section-i.-food-laws)

[Hong Kong and China Relationship 4](#hong-kong-and-china-relationship)

[SECTION II. LABELING REQUIREMENTS
4](#section-ii.-labeling-requirements)

[1. Name of the Food 5](#name-of-the-food)

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

[3. Indication of "best before" or "use by" date
5](#indication-of-best-before-or-use-by-date)

[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 9](#nutrition-labeling)

[SECTION III. PACKAGING AND CONTAINER REGULATIONS
9](#section-iii.-packaging-and-container-regulations)

[SECTION IV. FOOD ADDITIVE REGULATIONS
9](#section-iv.-food-additive-regulations)

[SECTION V. PESTICIDE AND OTHER CONTAMINANTS
10](#section-v.-pesticide-and-other-contaminants)

[SECTION VI. OTHER REGULATIONS AND REQUIREMENTS
10](#section-vi.-other-regulations-and-requirements)

[1. Exotic Meats 10](#exotic-meats)

[2. Endangered Species 11](#endangered-species)

[3. Import Duties 11](#import-duties)

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

[SECTION VII. OTHER SPECIFIC STANDARDS
13](#section-vii.-other-specific-standards)

[1. Game, Meat and Poultry 13](#game-meat-and-poultry)

[2. Milk 14](#milk)

[3. Frozen Confections 14](#frozen-confections)

[4. Marine Products 15](#marine-products)

[5. Plants 15](#plants)

[6. Animal Quarantine 16](#animal-quarantine)

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

[Section VIII. Copyright/Trademark Laws
16](#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)

[Appendix II - Other Import Specialist Contacts
18](#appendix-ii---other-import-specialist-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 also be obtained from the website:
<http://www.info.gov.hk/justice>.

Hong Kong's Center for Food Safety, which operates under 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 FEHD to
take food samples at point of entry to Hong Kong for various kinds of
tests, including bacteriological examination and chemical analyses.
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.

The Sino-British Joint Declaration and the Basic Law define Hong Kong as
a separate customs territory and allows, using the name "Hong Kong,
China", independent participation in international organizations and
international trade agreements. While being a separate member of World
Trade Organization (WTO) and Asia-Pacific Economic Cooperation (APEC),
Hong Kong participates in Codex as a member of China's delegation and
serves as an observer of the World Organization for Animal Health (OIE).
Hong Kong claims that it draws reference from Codex and OIE in the
context of food safety standards and animal health standards.

Hong Kong has its own food and agricultural import regulations, which
are different from those in China.

# 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.

![](media/image2.png){width="2.9618055555555554in"
height="2.6416666666666666in"}

## 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
are also required to mark a "best before" date.

## 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 the following substances, if any, which are known to cause
    allergy in some individuals. They are:

-   cereals containing gluten, (namely wheat, rye, barley, oats, spelt
    or their hybridized strains and their products);

-   crustacean and crustacean products;

-   eggs and egg products;

-   fish and fish products;

-   peanuts, soybeans and their products;

-   milk and milk products (including lactose);

-   tree nuts and nut products;

b)  If a food consists of or contains sulphite in a concentration of 10
    parts per million or more, the functional class of the sulphite and
    its name shall be specified in the list of ingredients.

c)  If an additive constitutes one of the ingredients of a prepackaged
    food, the food label should indicate its functional class and its
    specific name or its identification number under the International
    Numbering System (INS) for Food Additives.

d)  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.

e)  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.

f)  Restrictions on the inclusion of additives in condensed or
    evaporated milk and butter have been relaxed. (refer to GAIN #6016)

Grace period:

Except for the relaxation of additives in condensed or evaporated milk
and butter, which took effect on July 9, 2004, 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 has released a Code of Practice
regarding the Labeling of Alcoholic Drinks. This labeling guideline is
provided to the trade for them to follow on a voluntary basis. Under the
food labeling regulation, all alcoholic drinks with alcoholic strength
exceeding 10 percent are exempted from all food labeling requirements.
Alcoholic drinks with alcoholic strength between 1.2 percent and 10
percent are also exempted from all labeling requirements except the
label must specify the durability. (Under the Dutiable Commodities
Regulation, every container containing liquor for local consumption is
required to be labeled with the alcoholic strength.) Details refer to
Gain Report HK#5021.

##  11. Labeling on Biotech Food

Hong Kong government does not have any specific biotechnology
regulations with regard to the labeling of biotech food products. The
Hong Kong government makes no distinction between conventional and
biotech foods. All are subject to the same food safety regulation.
However, the Hong Kong government is going to introduce voluntary
labeling for biotech foods. The draft guideline is now being fine-tuned
and the final guideline will be announced very soon.

The guideline has been formulated by a working group, which has been
established under the Center for Food Safety, with members coming from
various sectors including manufacturing, wholesale, retail, consumer
groups and government departments. The draft guideline is based on the
following four principals and the final version is not expected to
deviate from these principles.

-   The labeling of biotech food will comply with the existing food
    legislation.

-   The threshold level applied in the guideline for labeling purpose is
    5 percent, in respect of individual food ingredient.

-   Additional declaration on the food label is recommended when
    significant modifications of the food, e.g. composition, nutrition
    value, level of anti-nutritional factors, natural toxicant, presence
    of allergen, intended use, introduction of an animal gene, etc, have
    taken place.

-   Negative labeling is not recommended.

The guideline is advisory in nature and has no legal effect. Adoption is
entirely voluntary and is not binding. It applies to prepackaged food.

As the guideline is voluntary, U.S. food exports should not be affected
if they choose not to have any biotech labeling. However, it should be
noted that the Hong Kong government does not encourage negative labeling
particularly for the use of the following terms:

-   GMO free,

-   Free from GM ingredients, etc

For products with such definite negative labeling, the government may
take the initiative to test the products against GM ingredients and zero
tolerance will be adopted for testing purposes. If products are found to
have misleading labeling, a retailer may be subject to prosecution under
Section 61 -- False Labeling and Advertisement of Food or Drugs of
Chapter 132 Public Health and Municipal Services Ordinance.

(Available at <http://www.legislation.gov.hk/eng/home.htm>)

If the trade chooses to apply negative labeling, the government advises
to use less definite terms such as "sourced from non-GM sources" (which
contains less than 5 percent of GM content) and to have documentation to
substantiate such declaration.

The final version, once released, will be provided in a separate GAIN
report.

The Hong Kong government plans to introduce legislative measures
mandating pre-market safety assessment, according to a proposal
delivered to the Legislative Council in 2003. Importers or manufacturers
of food containing biotech ingredients would be required to submit
documents and certificates to the Food and Environmental Hygiene
Department (FEHD) prior to importing the food to Hong Kong, detailing
the safety assessments that have been conducted by the developer of the
biotech ingredients. The results of evaluations conducted on the
ingredients by overseas regulatory authorities would also be submitted
for the pre-market safety assessment. FEHD would assess risks associated
with toxins, allergies, nutrition, etc., based upon guidelines developed
by Codex. Foods containing biotech ingredients that pass the safety
assessment could then be sold in Hong Kong.

FEHD would develop a list of approved biotech ingredients based on the
applications made by importers and manufacturers. The list would be
publicized and updated regularly for public reference. Importers and
manufacturers would bear the responsibility of determining whether their
products contain only approved biotech ingredients and, if so, whether
the foods may be imported without any further safety assessment. For
foods containing biotech ingredients not on the approved list, an
application to FEHD for pre-market safety assessment would be required.

Regarding products already in the market, FEHD would require importers
or manufacturers to provide risk assessment reports if products contain
biotech ingredients. Such biotech products could be sold in Hong Kong
within a grace period pending document review and approval.

The government has not set a date for the implementation of the
mandatory pre-market safety assessment.

## 12 Nutrition Labeling

The Hong Kong government also intends to implement a mandatory nutrition
labeling system. The administration aims to introduce the legislative
amendments to the Legislative Council in early 2007. With the provision
of grace period, 2011 will be the earliest that nutrition labeling will
take full effect.

According to the latest proposal, the implementation of the nutrition
labeling will be implemented in two phases. Phase I of the proposal
begins with a 2-year grace period after actual enactment of the
legislation. U.S. products carrying nutrient-related claims will need to
provide Hong Kong nutrition labeling on prepackaged food products. Phase
II will start two years after the implementation of Phase I and will
require that all prepackaged food products meet mandatory labeling on
prescribed nutrients.

The proposed nutrition labeling requires the listing of energy plus nine
nutrients, namely protein, carbohydrate, total fat, saturated fat,
sodium, cholesterol, sugars, dietary fiber, and calcium. It also
requires nutrient amount to expressed in absolute amount in
kilocalories/metric unit per 100 gram (or per 100 ml) of food. This
nutrient amount expression is different from the U.S. nutrition
labeling. As such, U.S. products will need to modify labeling
information in order to meet Hong Kong's new requirements.

For details, please refer to Gain Report# HK5020.

# SECTION III. PACKAGING AND CONTAINER REGULATIONS

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

-   Food and Drugs (Composition and Labeling) Regulations -- Additives
    in Certain Milk Products

Listings of permitted chemicals are available at corresponding
regulations or could be referred to Gain Report #6016.

# 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. Exotic Meats

Hong Kong's Food Safety Center expects U.S. exporters to produce a
health certificate issued by Food Safety and Inspection Service for all
U.S. exotic meats imports to Hong Kong.

Additionally, 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.

## 2. Endangered Species

The Animals and Plants (Protection of Endangered Species) Ordinance
gives effect to CITES in Hong Kong. It will soon, probably by the end of
2006, be replaced by a new ordinance by the name of Protection of
Endangered Species of Animals and Plants. CITES imposes different export
and import controls according to the Appendices in which a species is
listed. In general, species listed in Appendix I requires an export
license and an import permit, while an export license is adequate for
species listed in Appendix II. No import permit is required for species
listed in Appendix II. However, Hong Kong's control measures over
endangered species covered by the existing ordinance are more stringent
than CITES requirements. Species listed on Appendix II of CITES are
required to have an import permit before they can be imported to Hong
Kong, according to Hong Kong's ordinance. This requirement is not in
line with CITES'.

The existing ordinance was enacted in 1976 and was amended several times
after its first enactment. The Hong Kong government decided to introduce
a new ordinance in order to keep abreast with the changes incorporated
by CITES. The salient points of the new ordinance, Protection of
Endangered Species Animals and Plants, are as follows:

1\) The ordinance gives effect to the CITES in Hong Kong.

2\) Unlike the existing ordinance, the new ordinance does not require an
import license for the importation of species listed on CITES Appendix
II. (Except for live species of wild origin.) Export licenses issued by
the exporting country are still required.

3\) Different from CITES requirements, the importation to Hong Kong of
live species of wild origin from CITES Appendix II is required to have
an import license in addition to an export license issued by the
exporting country.

4\) The new licensing system covered by the new ordinance will be based
on consignment or keeping premises rather than on individual species as
in the case of the existing ordinance.

5\) According to the existing ordinance, the importation of wild and
cultivated ginseng, regardless for trade or personal use, requires an
export license from the exporting country. The importation of wild
ginseng also needs to have an import license as well. After the
enactment of the new ordinance, individuals bringing wild and cultivated
ginseng to Hong Kong for personal use will no longer require to produce
an export license issued by the exporting country.

6\) Also, the importation of wild ginseng, both for trade and personal
use, no import licenses are required. In short, once the new ordinance
is enacted, the importation of both wild and cultivated ginseng only
requires an export license issued by the exporting countries. Traders
will no longer need to apply for any import licenses.

7\) For CITES Appendix III listed species, the importation to Hong Kong
requires to have export licenses issued by exporting countries. Traders
do not need to apply for any import licenses from the Hong Kong
government. This requirement is in line with those of CITES and of the
existing ordinance.

## 3. 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%.

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

Hong Kong at present is not a party of the Convention on Biological
Diversity and the Cartagena Protocol on Biosafety. Hong Kong is a
Special Administrative Region of China. The application of international
agreements to Hong Kong for agreements to which China is a party will be
decided by China in accordance with the circumstances and needs of Hong
Kong, after seeking the views of the Hong Kong government. China has
been a party to the Convention and the Protocol since 1993 and 2005
respectively. The Hong Kong government has obtained the
agreement-in-principle of China to extend the application of both the
Convention and the Protocol to Hong Kong when it is adequately prepared.
In essence, the Protocol was not extended to Hong Kong simultaneously
upon China's ratification of the Protocol in 2005.

With this background, the Hong Kong government first announced its
intention to apply for the extension of the Cartagena Protocol in late
2003. To prepare for the implementation of the regulatory controls over
the trans-boundary movement of LMOs stipulated under the Protocol, the
Hong Kong government is working on a new legislation without providing
any deadline for completion. The Hong Kong Government had sent delegates
to attend the Protocol's COP-MOP (Conference of the parties serving as
the meeting of the Parties) as part of China's delegation to keep track
of the development. Government officials revealed that they are planning
to take into account the developments of the Protocol when drawing up
the detailed regulatory framework for implementing the Protocol in Hong
Kong. Presently, the government is at the stage of drafting the bill,
which will encompass the following key provisions.

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 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;

7\) health foods;

## 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 U.S. 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 #HK2012.)

Hong Kong suspended beef imports from the U.S. following the BSE case in
December 2003. The market opened again for U.S. boneless beef effective
December 29, 2005. Products now allowed include boneless beef from
cattle less than 30 months of age slaughtered and processed in
establishments which have been certified by Agricultural Marketing
Service (AMS) that they have complied with USDA Export Verification (EV)
Program for Hong Kong. A listing of the Hong Kong EV Program certified
plants is available at the following website:

<http://www.ams.usda.gov/lsg/arc/bevlisting.htm>. Hong Kong traders
importing U.S. beef are required to obtain a permit in advance. This
measure is not required for frozen beef prior to the ban.

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 became effective
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 may 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.

## 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 (soon to be replaced by the Protection of Endangered
    Animals and Plants Ordinance

-   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. In addition to import permits, a
valid veterinary health certificate issued by the competent veterinary
authority of the exporting country must accompany animals and birds
imported to Hong Kong.

Agriculture, Fisheries and Conservation Department is the regulatory
department. Its website provides import requirements for animals and
birds, including dogs, cats, breeding pigs, horses, birds, poultry,
reptiles, etc. Information is available at
http://www.afcd.gov.hk/english/quarantine/qua_ie/qua_ie.html

## 7. Health Foods

In Hong Kong health foods are subject to the same piece of food
ordinance as conventional foods. Retailers are expected to provide
truthful labeling as regulated by Chapter 132 Section 61 -- False
Labeling and Advertisement of Food or Drugs. It is available at the
following website: <http://www.legislation.gov.hk/eng/home.htm>.
Furthermore, the Undesirable Medical Advertisements Ordinance (chapter
231) prohibits advertisements claiming that a product has curative or
preventive effects on any of the diseases listed in the schedule to the
Ordinance.

Health foods should not include medicinal ingredients, or they may be
regarded as pharmaceutical products. Pharmaceutical products are subject
to registration under the Health Department and are regulated by the
Pharmacy and Poisons Ordinance. On the other hand, Chinese medicine,
some may be regarded as health food, is subject to the Chinese Medicine
Ordinance.

# 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

The Center for Food Safety

> 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 register health foods containing medicinal 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