. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/HKG/40 
14 September 2011  
 (11-4430) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  HONG KONG, CHINA  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:   
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  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above :    
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Dried milk including 
infant formula, reconstituted milk and condensed milk 
5. Title, number of pages and language(s) of the notified document:  Paper for the 
Legislative Council Panel on Food Safety and Environmental Hygiene: Proposed amendment 
to the Harmful Substances in Food Regulatio ns (Cap. 132AF) to prohibit the presence of 
certain substances in dried milk, condensed milk and reconstituted milk (6 pages in both 
Chinese and English) 
6. Description of content:  This paper aims to consult Legi slative Council Members of Hong 
Kong, China on the proposal to amend the Harm ful Substances in F ood Regulations (Cap. 
132AF) so that the prohibition on the presence of certain substa nces specified in the Second 
Schedule of Cap. 132AF will be extended to cover dried milk, condensed milk and 
reconstituted milk.  G/TBT/N/HKG/40 
Page 2  
 
  7. Objective and rationale, including the nature of urgent problems where applicable:  As 
the definition of "milk" in Cap. 132AF excludes  dried milk, condensed milk and reconstituted 
milk, the prohibition on the presence of certai n substances specified in the Second Schedule 
of Cap. 132AF does not apply to dried milk, cond ensed milk and reconstituted milk.  From a 
risk assessment point of view, it is unaccept able to find the presence of the prohibited 
hormones of exogenous origin in dried milk, c ondensed milk and reconstituted milk.  As 
infant formula is the main food item for babies , the public would expect stringent control by 
the Government given babies’ vulnerability. Th e current legislative amendment exercise 
seeks to plug this loophole. 
8. Relevant documents:   Paper for the Legislative Council Panel on Food Safety and 
Environmental Hygiene: Proposed amendment to the Harmful Substances in Food Regulations (Cap. 132AF) to prohibit the pres ence of certain substa nces in dried milk, 
condensed milk and reconstituted milk (a vailable in Chinese and English)   
9. Proposed date of adoption:   
 
 
Proposed date of entry into force:    The amendment Regulation will be tabled at the 
Legislative Council on 12 October 2011 
(tentative) to undergo the negative vetting 
procedure. 
1 January 2012 (tentative)  
10. Final date for comments:  60 days after circulation by the WTO Secretariat  
11. Text available from:  National enquiry point [  ], or address, telephone and fax numbers, 
e-mail and web-site addresses, if available of the 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  
http://www.legco.gov.hk/yr10-11/english/pa nels/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)