### Pesticides Ordinance 《除害劑條例》

23. Transitional and savings provisions relating to Pesticides (Amendment) Ordinance 2013
(1) If a person was in possession of an unregistered pesticide under a permit immediately before the commencement date, section 8(1)(f) or (2) does not apply to the person in respect of the pesticide until the permit expires. 
(2) A right of appeal existing immediately before the commencement date under the repealed section 16 is to be treated as being a right of appeal to the Administrative Appeals Board under section 16A. 
(3) An appeal pending immediately before the commencement date under the repealed section 16 is to be treated and disposed of as if it were an appeal pending under section 16A. 
(4) If an appeal that is pending as referred to in subsection (3) was made by a licence holder or permit holder against a decision under section 13(3), a period for compliance specified in the direction referred to in section 13(2) is extended by the period between presentation of the appeal and notification of the Administrative Appeals Board’s decision.
(5) In this section—
*commencement date (生效日期) means the date on which the Pesticides (Amendment) Ordinance 2013 (14 of 2013) comes into operation; 
repealed section 16 (已廢除的第16條) means section 16 repealed by section 15 of the Pesticides (Amendment) Ordinance 2013 (14 of 2013).
(Replaced 14 of 2013 s. 21)Editorial Note:
* Commencement date: 27 January 2014.

### Colouring Matter in Food Regulations 《食物內染色料規例》

1. Citation
These regulations may be cited as the Colouring Matter in Food Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
air transhipment cargo (航空轉運貨物) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5)
air transit cargo (航空過境貨物) means any article in transit that is both imported and consigned for export in an aircraft; (29 of 2000 s. 5)
article in transit (過境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5)
cargo transhipment area of Hong Kong International Airport (機場貨物轉運區) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (29 of 2000 s. 5)
Colour Index Number (色素索引編號) means the identifying number used in the Colour Index compiled by the British Society of Dyers and Colourists and the American Association of Textile Chemists and Colourists; (L.N. 368 of 1993) 
permitted colouring matter (准許染色料) means any colouring matter specified in the First Schedule or any combination of more than one such colouring matter; 
processed (加工處理) includes curing by smoking and any treatment or process resulting in a substantial change in the natural state of any food, but does not include boning, paring, grinding, cutting, cleaning or trimming, and the word unprocessed (未經加工處理) shall be construed accordingly; 
sell (售賣) includes expose or offer for sale or have in possession for sale, and the word sale (出售) shall be construed accordingly; 
vegetable (蔬菜) includes pulses.

3. Restriction on use of colouring matter other than permitted colouring matter
No food intended for sale for human consumption shall contain any added colouring matter which is not a permitted colouring matter, and no person shall sell, consign or deliver, or import into Hong Kong, any such food which does not comply with the provisions of this regulation. 
(10 of 1986 s. 32(2)) 

### Colouring Matter in Food Regulations 《食物內染色料規例》

4. Prohibition on the use of colouring matter in the case of certain commodities
(1) No meat, game, poultry, fish, fruit or vegetable in a raw and unprocessed state which is intended for sale for human consumption shall have in or upon it, otherwise than for the purpose of marking, any added colouring matter: 
Provided that citrus fruit may have in or upon it added permitted colouring matter if—
(a) the words “colour added” are marked on the skin of such fruit in permitted colouring matter; and 
(b) such words are distinctly and legibly printed and of such size as to be conspicuously visible. 

(2) No person shall sell, consign or deliver, or import into Hong Kong, any food referred to in paragraph (1) which does not comply with the provisions of that paragraph. (10 of 1986 s. 32(2)) 

5. Restriction on sale or advertisement of colouring matter other than permitted colouring matter
(1) No person shall sell or advertise for sale any colouring matter for use in food which is not a permitted colouring matter. 
(2) In any proceedings for an offence against paragraph (1) in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business. 
(3) No person shall sell, consign or deliver for use in food any colouring matter or any colouring and flavouring compound except in a container bearing a label in accordance with the provisions of the Second Schedule. 

### Colouring Matter in Food Regulations 《食物內染色料規例》

5A. Application to air transit or air transhipment cargo
(1) Regulations 3 and 4(2) do not apply in relation to the import of any food referred to in those regulations that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such food is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3 or 4(2), as the case may be—
(a) the food is deemed to be imported at the time of such removal; and
(b) the person who brought the food, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the food at the time of its removal,
and, except to that extent, those regulations have effect as if this paragraph had not been enacted.
(2) In proceedings against a person for an offence under regulation 6, being proceedings—
(a) in relation to the import of any food referred to in regulation 3 or 4(2) that is air transit cargo or air transhipment cargo; and
(b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the food was removed from the cargo transhipment area of Hong Kong International Airport,
it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring.
(3) Where in any proceedings the defence provided by paragraph (2) involves an allegation that the commission of the offence was due to—
(a) the act or default of another person; or
(b) reliance on information given by another person,
the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of—
(i) the person who committed the act or default or gave the information; and
(ii) the act, default or information,
of which he is aware at the time he serves the notice.
(4) A person is not entitled to rely on the defence provided by paragraph (2) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—
(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) whether he had any reason to disbelieve the information.
(29 of 2000 s. 5)