WORLD TRADE  
ORGANIZATION   
G/SPS/N/HKG/37 
13 September 2011 
 (11-4407) 
Committee on Sanitary and Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
1. Notifying Member:  HONG KONG, CHINA 
If applicable, name of local government involved:    
2. Agency responsible:  Food and Health Bureau, the Government of the Hong Kong Special 
Administrative Region 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  Dried milk (including infant formula) , reconstituted milk and condensed milk 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[X] All trading partners   
[ ] Specific regions or countries:    
5. Title of the notified document:  Paper for the Legislative Council Panel on Food Safety 
and Environmental Hygiene: Proposed Amen dment to the Harmful Substances in Food 
Regulations (Cap. 132AF) to prohibit the pr esence of certain substances in dried milk, 
condensed milk and reconstituted milk  Language(s):  Chinese and English  Number of 
pages:  6 
6. Description of content:  The Harmful Substances in Food Regulations (Cap. 132AF) 
should be amended so that the prohibition on the presence of certain substances specified in 
the Second Schedule of Cap. 132AF will be exte nded to cover dried milk, condensed milk 
and reconstituted milk. 
7. Objective and rationale:  [X] food safety, [ ] animal health, [ ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [ ] protect territory from other 
damage from pests.  As the definition of "milk" in Cap. 132AF excludes dried milk, 
condensed milk and reconstituted milk, th e prohibition on the presence of certain 
substances specified in the Second Schedule of  Cap. 132AF does not apply to dried milk, 
condensed milk and reconstituted milk.  Fr om a risk assessment point of view, it is 
unacceptable to find the presence of the prohib ited hormones of exogenous origin in dried 
milk, condensed milk and recons tituted milk.  As infant formula is the main food item for 
babies, the public would expect stringent control by the Government given babies' 
vulnerability. 
The current legislative amendment ex ercise seeks to plug this loophole. G/SPS/N/HKG/37 
Page 2  
 
  8. Is there a relevant international stan dard?  If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)   
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[X] None 
Does this proposed regulation conform to the relevant international standard?   
 [ ] Yes   [ ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language (s) in which these are available:  Nil   
10. Proposed date of adoption (dd/mm/yy) :  The amendment Regulation will be tabled at the 
Legislative Council on 12 October 2011 (ten tative) to undergo the negative vetting 
procedure. 
Proposed date of publication (dd/mm/yy) :  The amendment Regulation will be published 
in the Gazette on 7 October 2011 (tentative). 
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) : 1 January 2012 (tentative) 
[ ] Trade facilitating measure   
12. Final date for comments:  [X] Sixty days  from the date of circulation of the 
notification and/or (dd/mm/yy) :  12 November 2011 
Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [ ] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:   
Food Branch 
Food and Health Bureau 20/F, Murray Building, Garden Road,  Hong Kong, China 
Fax:  +(852) 2136 3281 
E-mail:  enquiry@fhb.gov.hk  G/SPS/N/HKG/37 
 Page 3 
 
 
  13. Texts available from:  [ ] National Notification Authority, [ ] National Enquiry Point.  
Address, fax number and e-mail address (if available) of other body:    
http://www.legco.gov.hk/yr10-11/english/ panels/fseh/papers/fe0614cb2-1995-5-e.pdf  
(English) 
http://www.legco.gov.hk/yr10-11/chinese/pa nels/fseh/papers/fe0614cb2-1995-5-c.pdf  
(Chinese) 
Food Branch 
Food and Health Bureau 20/F, Murray Building, Garden Road,  Hong Kong, China Fax:  +(852) 2136 3281 
E-mail:  enquiry@fhb.gov.hk