### Food Safety Ordinance 《食物安全條例》

31. Manner of making food safety orders, service and publication
(1) A food safety order must be in writing and may be addressed to—
(a) a particular person or particular persons;
(b) a class of persons; or
(c) all persons.
(2) A food safety order addressed to a particular person or particular persons—
(a) must be served on that person, or each of those persons; and
(b) takes effect in relation to a person when it is served on that person.
(3) A food safety order addressed to a class of persons or all persons—
(a) must be published in the Gazette; and
(b) takes effect at the time specified in the order.
(4) A food safety order is binding on the person or persons to whom it is addressed.

32. Contravention of food safety orders
(1) A person bound by a food safety order who contravenes a term of the order commits an offence and is liable to a fine at level 6 and to imprisonment for 12 months.
(2) It is not a defence for the person to show that the food concerned is the subject of a licence, permit or any other form of authorization issued or granted under this or any other Ordinance.

33. Actions taken in relation to food safety orders and provision of samples
(1) The Director may serve on a person bound by a food safety order a notice requiring the person (at the time or times, or within the period, specified in the notice) to—
(a) inform the Director of the actions taken by the person in relation to the order; or
(b) provide to the Director samples of the food that is the subject of the order, in the quantity specified in the notice, for analysis, or for bacteriological or other examination.
(2) If a sample of food is provided to the Director in compliance with a notice under subsection (1)(b), the Director must pay to the person appearing to have the lawful custody of the food the market price of the sample or, if the market price is unknown or not readily ascertainable, a reasonable price.
(3) A person on whom a notice has been served under subsection (1) commits an offence if the person—
(a) fails to comply with the notice; or
(b) in purported compliance with the notice—
(i) provides information that the person knows is false in a material particular; or
(ii) recklessly provides information that is false in a material particular.
(4) A person who commits an offence under subsection (3) is liable to a fine at level 3 and to imprisonment for 3 months.

### Food Safety Ordinance 《食物安全條例》

34. Power to obtain information or copies of documents
(1) If the Director has reasonable grounds to believe that a person possesses any information or document that may assist the Director in deciding whether to make, vary or revoke a food safety order, the Director may serve on the person a notice requiring the person to—
(a) provide the information specified in the notice within the period specified in the notice; or
(b) produce the document specified in the notice at the time and place specified in the notice and permit an authorized officer to make copies of the document at that time and place.
(2) A person on whom a notice has been served under subsection (1) commits an offence if the person—
(a) fails to comply with the notice; or
(b) in purported compliance with the notice—
(i) provides information or produces a document that the person knows is false in a material particular; or
(ii) recklessly provides information or produces a document that is false in a material particular.
(3) A person who commits an offence under subsection (2) is liable to a fine at level 3 and to imprisonment for 3 months.

35. Appeals to Municipal Services Appeals Board
(1) A person bound by a food safety order who is aggrieved by the order may, within 28 days after becoming bound by the order, appeal to the Municipal Services Appeals Board against the order as originally made.
(2) A person bound by a food safety order who is aggrieved by a variation of the order under section 30(5) may, within 28 days after becoming bound by the variation, appeal to the Municipal Services Appeals Board against the order as so varied.
(3) In the case of an appeal against a food safety order addressed as referred to in section 31(1)(b) or (c), if the Municipal Services Appeals Board Ordinance (Cap. 220) authorizes or requires any document to be served or any notice to be given to the persons bound by the order, the document may be served or the notice may be given by—
(a) publication in the Gazette; or
(b) any other means specified by the Chairman of the Municipal Services Appeals Board by notice in writing signed by the Chairman.
(4) An appeal under this section does not suspend the food safety order unless the Director decides otherwise.

### Food Safety Ordinance 《食物安全條例》

36. Compensation
(1) A person bound by a food safety order may apply for an amount of compensation, recoverable as a civil debt due from the Government, that is just and equitable in all the circumstances of the case, for any loss of a kind set out in subsection (3).
(2) The person is entitled to compensation only if the person proves that—
(a) the Director did not have reasonable grounds to make the order at the time of making the order or to vary the order at the time of a variation of the order; and
(b) the person has suffered the relevant loss.
(3) The losses referred to in subsection (1) are the following losses arising as a direct result of compliance with the food safety order or as a direct result of the exercise of a power under section 37(1) in relation to the food safety order—
(a) total or partial loss of the food that is the subject of the order and that—
(i) has been destroyed or otherwise disposed of;
(ii) is no longer fit for human consumption; or
(iii) is depreciated in value;
(b) costs or expenditure actually and directly incurred.
(4) The amount of compensation recoverable—
(a) in relation to a loss of a kind set out in subsection (3)(a), must not exceed the market value of the food immediately before the time of making the food safety order or immediately before the time of the variation, as the case may be; and
(b) in relation to a loss of a kind set out in subsection (3)(b), must not exceed the actual amount of the costs or expenditure incurred.
(5) An application under subsection (1) may be made—
(a) to the Small Claims Tribunal, for claims up to the maximum jurisdiction of the Tribunal; or
(b) to the District Court, irrespective of the amount claimed.