### Dairies Regulations 《奶場規例》

27. Offences and penalties
(1) Any person who contravenes the provisions of paragraph (2) of regulation 3 or of regulation 6 or 7 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.
(2) Any person who—
(a) contravenes the provisions of regulation 20 or of paragraph (1) or (2) of regulation 21 or paragraph (1) or (3) of regulation 22;
(b) fails to comply with any of the requirements of a notification published in the Gazette under the provisions of paragraph (2) of regulation 22 or of an order made under the provisions of paragraph (1) of regulation 29 or paragraph (1) of regulation 30;
(c) engages in the business of, or is employed in, any dairy in contravention of paragraph (2) of regulation 29; or
(d) contravenes any terms or conditions imposed by the Director under the provisions of paragraph (5) of regulation 8 or any conditions specified in an order made under the provisions of paragraph (1) of regulation 30,

shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.
(3) Any registered dairyman who contravenes any of the provisions of regulation 5, 24 or 26 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.
(4) In the event of any contravention of any of the provisions of regulation 11, 12, 13, 14, 15, 16, 17, 18, 19, 23 or 25 or of paragraph (3), (4) or (5) of regulation 21, the licensee of the dairy in which, or in respect of which, such contravention occurred shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.
(5) Where any offence under these regulations is a continuing offence, any person who is guilty of such offence shall, in addition to the penalty provided therefor under paragraph (1), (2), (3) or (4), as the case may be, be liable to a fine of $50 for each day during which it is proved to the satisfaction of the court that the offence has continued. (E.R. 2 of 2019)
(E.R. 1 of 2013)

### Dairies Regulations 《奶場規例》

28. Examination of persons and animals
Whenever a health officer has reason to suspect that any person in Hong Kong is suffering from a disease attributable to milk supplied from any dairy, or is of opinion that the consumption of milk from any dairy is likely to cause disease to any person, he may medically examine any person residing or employed therein, and may inspect and examine the animals therein and the carcasses of any animals which may have died therein.
(65 of 1999 s. 3)

29. Medical examination, etc. of persons engaged or employed in a dairy
(1) A health officer may order any person engaged or employed in any capacity in any dairy to submit himself for such medical examination at such time and place as may be designated by such health officer.
(2) If, after such medical examination, it is the opinion of a health officer that the employment of such person in a dairy has caused, or is likely to cause, the spread of disease to man or animal, such person shall be notified in writing by the Director and he shall forthwith cease to engage in the business of, or to be employed in, any dairy until he obtains a medical certificate to the satisfaction of a health officer that he is no longer likely to cause the spread of disease to man or animal.

30. Power of health officer to stop supply, etc. of milk from dairy in certain cases
(1) If any health officer is of opinion that—
(a) any disease is caused, or is likely to be caused, by the consumption of the milk supplied from any dairy; or
(b) the public health is, or is likely to be, endangered by any act or default of any dairyman in any dairy,

such health officer may, by order in writing, prohibit the supply, distribution or sale of milk from such dairy or of specified milk therefrom—
(i) absolutely; or
(ii) save in accordance with such conditions as may be specified in such order.
(2) Neither the licensee of the dairy nor any other person shall be entitled to any compensation for any damage or loss which he may sustain in consequence of the making of an order under the provisions of paragraph (1).

### Dairies Regulations 《奶場規例》

31. Power of inspector to take samples and procedure in connexion therewith
(1) An inspector may, for the purpose of analysis or bacteriological or other examination, take samples of any milk while the same is at the dairy at which the animals from which it was obtained are kept. (L.N. 407 of 1990)
(2) In connexion with the taking under the provisions of paragraph (1) of a sample of any milk, the inspector may take such steps at the dairy as may be necessary to satisfy himself that the sample is a fair sample of the milk of the animals when properly and fully milked.
(2A) Where a sample is taken for bacteriological examination under paragraph (1), the inspector shall clearly mark on the container of the sample the place in the dairy from which the sample was taken. (L.N. 407 of 1990)
(3) An inspector who, under the provisions of paragraph (1), has taken a sample of any milk shall—
(a) except where it is taken for bacteriological examination, forthwith divide such sample into three parts, each part to be marked and sealed or fastened up, and shall give one part of the sample to the licensee of the dairy and, of the remaining two parts of the sample shall, unless he decides not to have an analysis made, personally submit one of such parts to the public analyst and retain the other for future comparison; (L.N. 407 of 1990)
(b) where it is taken for bacteriological examination, unless he decides not to have such an examination done, personally submit the entire, undivided sample to the public analyst, marked and sealed or fastened up; and (L.N. 407 of 1990)
(c) inform the licensee or his agent, if such be the case, that the sample was taken for the purpose of analysis or bacteriological or other examination as the case may be, by the public analyst. (L.N. 407 of 1990)
(4) Any part of a sample which, under the provisions of this regulation, is to be given to any person may be given either by delivering the same to him or to his agent.
(5) In any proceedings under these regulations in which any sample taken under the provisions of paragraph (1) is relevant, the part of the sample retained by the inspector, if any, shall be produced at the hearing. (L.N. 407 of 1990)