### Food Safety Ordinance 《食物安全條例》

54. Obstruction of persons performing official functions etc.
(1) A person who wilfully obstructs, resists or uses abusive language to a person who is performing functions under this Ordinance, or under an order made or warrant issued under this Ordinance, commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
(2) Subsection (1) does not apply if the conduct constitutes an offence against another provision of this Ordinance.

55. Proceedings against several persons
(1) If proceedings under this Ordinance are competent against several persons in respect of their joint act or default, any one or more of them may be proceeded against without proceeding against the others.
(2) If an offence consists of a failure to comply with a notice served by a public officer under this Ordinance and a similar notice was served on several persons in respect of the same matter—
(a) any one or more of the persons may be proceeded against without proceeding against the others; and
(b) if more than one person is proceeded against, the court may treat them as if they were joint offenders.

56. Time limit for prosecutions
Despite section 26 of the Magistrates Ordinance (Cap. 227), a complaint may be made or an information laid in respect of an offence under this Ordinance within 6 months after the offence is discovered by, or comes to the notice of, the Director.

57. Method of giving or serving notice
The Director may give a notice or other document to a person, or serve a notice or other document on a person, under this Ordinance—
(a) by delivering it to the person;
(b) by sending it by registered post addressed to the last known place of business or residence of the person; or
(c) by leaving it with an adult occupier of that place or posting it in a prominent position at that place.

58. Amendment of Schedules
(1) The Secretary may, by notice published in the Gazette, amend Schedule 1, 3 or 4.
(2) The Director may, by notice published in the Gazette, amend Schedule 2.
(3) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 5.

### Food Safety Ordinance 《食物安全條例》

59. Regulations
(1) The Secretary may make regulations—
(a) providing for any matters that are necessary for giving full effect to the purposes and provisions of this Ordinance;
(b) prohibiting, restricting or regulating the importation of food of a specified class; and
(c) generally for the better carrying out of the purposes and provisions of this Ordinance.
(2) Regulations made under subsection (1) may—
(a) make different provisions for different circumstances and provide for a particular case or class of cases;
(b) be made so as to apply only in the circumstances prescribed by the regulations;
(c) specify forms for the purposes of the regulations; and
(d) prescribe offences for contraventions of the regulations, punishable by a fine, imprisonment or both.
(3) The maximum fine that may be prescribed for an offence is level 6 and the maximum imprisonment is 6 months. In addition, in the case of a continuing offence, a further fine not exceeding $1,500 for each day during which the offence continues may be prescribed.
(4) Regulations made under subsection (1) may—
(a) empower a health officer to—
(i) permit the importation of food of a specified class subject to any conditions the health officer may specify;
(ii) require imported food of a specified class to be submitted or made available for inspection by a health inspector;
(iii) impose any conditions or issue any directions with regard to imported food of a specified class as may appear to the health officer desirable for the purpose of ensuring that the food is sound, wholesome or fit for human consumption; and
(b) prohibit the contravention of any condition, requirement or direction referred to in paragraph (a).
(5) In this section—
health inspector (衞生督察) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132);
health officer (衞生主任) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132).

60. Transitional provision—registration before commencement of Division 1 of Part 2
Despite section 9(3), if a food importer or food distributor is registered under Part 2 before the date on which Division 1 of that Part commences*, the registration has effect, unless revoked earlier, for the period ending 3 years after that date.

Editorial Note:
* Commencement date: 1 February 2012.

### Food Safety Ordinance 《食物安全條例》

61. Transitional provision—orders under section 78B of the Public Health and Municipal Services Ordinance
An order in force under section 78B of the Public Health and Municipal Services Ordinance (Cap. 132) immediately before the date on which section 68 of this Ordinance commences* remains in force on and after that date in accordance with its terms as if it were a food safety order and may be varied or revoked accordingly.

Editorial Note:
* Commencement date: 1 August 2011.

62. Transitional provision—record keeping requirements
(1) Section 21 applies to food that is acquired on or after the date on which that section commences*.
(2) Section 22 applies to food that is imported on or after the date on which that section commences* whether the food was acquired before, on or after that date.
(3) Section 23 applies to local aquatic products that are supplied on or after the date on which that section commences* whether the local aquatic products were captured before, on or after that date.
(4) Section 24 applies to food that is supplied by wholesale on or after the date on which that section commences*.

Editorial Note:
* Commencement date: 1 February 2012.

63. Transitional provision—ice-making factories
During the period of 6 months beginning on the date on which section 64(2) commences*, a person does not commit an offence under section 35 of the Food Business Regulation (Cap. 132 sub. leg. X) for a contravention of section 31(1) of that Regulation only because the person carries on, or causes, permits or suffers to be carried on, a business that manufactures or prepares ice, otherwise than under and in accordance with a licence granted under that Regulation.

Editorial Note:
* Commencement date: 1 August 2011.

74. (Omitted as spent—E.R. 2 of 2014)