WORLD TRADE  
ORGANIZATION   
G/SPS/N/HKG/36 
21 July 2011  
 (11-3680) 
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 Environmental Hygiene Department, the Government of 
the Hong Kong Special Administrative Region of China 
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):  Food for human consumption 
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:  Consultation Document on a Refined Regulatory 
Framework for Pesticide Residues in Food in Hong Kong  Language(s):  Chinese and 
English  Number of pages:  26 
6. Description of content:  The consultation document invites views on the proposals to 
make a Regulation (the proposed Regulation)  under the Public Health and Municipal 
Services Ordinance (Chapter 132, Laws of Hong Kong, China) to regulate pesticide 
residues in food.  The proposals are as follows: 
(1) to define "pesticide" and other related terms in a way consis tent with the Codex 
Alimentarius Commission (Codex); 
(2) to provide a list of maximum residue limits (MRLs)/extrane ous maximum residue 
limits (EMRLs), to adopt MRLs/EMRLs re commended by Codex as the backbone as well 
as the Codex classification of foods; 
(3) to prohibit the import and sale of the concerned food for which no MRL/EMRL has 
been specified, unless the Director of Food and Environmental Hygiene (DFEH) is satisfied that the detected level will not be dangerous or prejudicial to health; 
(4) to provide a list of exempted substances; 
(5) to accept applications for adding/revi sing MRLs and exempted substances; 
(6) to dovetail the proposed Regulation with the registration of pesticides for use on 
food crops under the Pesticides Ordinance (Cha pter 133, Laws of Hong Kong, China);  and 
(7) to commence the proposed Regulation after a two-year grace period. G/SPS/N/HKG/36 
Page 2  
 
  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.    
8. Is there a relevant international stan dard?  If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)  
The main structure of the framework has taken reference from that of Codex.  Definition of 
terms such as "pesticide", "pesticide resi due", "MRL" and "EMRL" in the proposed 
Regulation is consistent with those of Codex. 
The formulation of the list of MRLs/EMRLs is  based primarily on the available standards 
recommended by Codex, supplemented by rela ted standards of the People's Republic of 
China and other major food exporting countries to Hong Kong, China (such as the United States and Thailand).  These standards will fu rther be scrutinized by conducting risk 
assessment to ensure that they  are adequate to protect public  health in Hong Kong, China. 
As Codex standards form the backbone of th e refined regulatory framework, Codex's food 
classification system is also adopted for consistency. 
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[ ] None 
Does this proposed regulation conform to the relevant international standard?   
 [X] 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:  -   
10. Proposed date of adoption (dd/mm/yy) :  Subject to views collected in the consultation 
period, the proposed Regulation will be tabled  at the Legislative Council in end 2011. 
Proposed date of publication (dd/mm/yy) :  Subject to views collected in the consultation 
period, the proposed Regulation will be tabled  at the Legislative Council in end 2011. 
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  After a two-year grace period in  around end 2013/early 2014. 
[ ] Trade facilitating measure    G/SPS/N/HKG/36 
 Page 3 
 
 
  12. Final date for comments:  [ ] Sixty days from the date of circulation of the notification 
and/or (dd/mm/yy) :  19 September 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:   
Centre for Food Safety 
(Attn:  Risk Assessment Section) 
Food and Environmental Hygiene Department 43/F, Queensway Government Offices 66 Queensway, Hong Kong, China Tel:  +(852) 2867 5699 Fax:  +(852) 2893 3547 
E-mail:  pesticide_cons ultation@fehd.gov.hk 
13. Texts available from:  [ ] National Notification Authority, [ ] National Enquiry Point.  
Address, fax number and e-mail address (if available) of other body:    
Centre for Food Safety  
(Attn:  Risk Assessment Section) Food and Environmental Hygiene Department 43/F, Queensway Government Offices 
66 Queensway, Hong Kong, China 
Tel:  +(852) 2867 5699 Fax:  +(852) 2893 3547 E-mail:  pesticide_cons ultation@fehd.gov.hk 
The notified text could also be downloaded from:   
"http://www.cfs.gov.hk/english/what snew/whatsnew_fstr/files/20110713-
20110919_Public_Consultation_paper(e).pdf " 
(English) 
"http://www.cfs.gov.hk/tc_chi/whatsnew/whatsnew_fstr/files/20110713-
20110919_Public_Consultation_paper(c).pdf " 
(Chinese)