### Food Safety Ordinance 《食物安全條例》

22. Record of acquisition of imported food
(1) A person who, in the course of business, imports food must record the following information about the acquisition of the food—
(a) the date the food was acquired;
(b) the name and contact details of the person from whom the food was acquired;
(c) the place from where the food was imported;
(d) the total quantity of the food;
(e) a description of the food.
(2) A record must be made under this section at or before the time the food is imported.
(3) For the purposes of this section, food is acquired when the person acquiring it takes possession or control of the food.
(4) This section does not apply—
(a) to a person who is exempted, or is in a class of persons that is exempted, under section 29;
(b) to an acquisition of food that is imported solely for the purpose of exporting it, if—
(i) the food is air transhipment cargo; or
(ii) during the period between import and export, the food remains in the vessel, vehicle or aircraft in which it was imported; or
(c) to an acquisition of food that is imported solely in the course of business of a food transport operator.
(5) A person commits an offence if the person—
(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.
(6) A person who commits an offence under subsection (5) is liable to a fine at level 3 and to imprisonment for 3 months.

23. Capture of local aquatic products
(1) A person who captures local aquatic products and who, in the course of business, supplies them in Hong Kong must record the following information about the capture—
(a) the date or period of the capture;
(b) the common name of the local aquatic products;
(c) the total quantity of the local aquatic products;
(d) the area of the capture.
(2) A record must be made under this section at or before the time the supply takes place.
(3) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under section 29.
(4) A person commits an offence if the person—
(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3 months.

### Food Safety Ordinance 《食物安全條例》

24. Record of wholesale supply of food
(1) A person who, in the course of business, supplies food in Hong Kong by wholesale must record the following information about the supply—
(a) the date the food was supplied;
(b) the name and contact details of the person to whom the food was supplied;
(c) the total quantity of the food;
(d) a description of the food.
(2) A record must be made under this section within 72 hours after the time the supply took place.
(3) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under section 29.
(4) A person commits an offence if the person—
(a) without reasonable excuse, fails to make a record in accordance with this section;
(b) includes in a record information that the person knows is false in a material particular; or
(c) recklessly includes in a record information that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3 months.

25. Defence for retailers
(1) It is a defence for a person charged with an offence under section 24(4)(a) in relation to a supply of food to show that—
(a) the person’s normal business is the supply of food by retail; and
(b) it was reasonable for the person to assume that the supply was not a wholesale supply.
(2) In this section—
retail (零售) means the supply of food to a person who obtains it other than for the purpose of wholesale.

26. Duration of keeping records
(1) A person must keep a record made under this Part (other than a record relating to live aquatic products) for the period specified in the following table—     Column 1  Column 2        Shelf-life of food  Period for which record must be kept       3 months or less  3 months after the date the food was acquired, captured or supplied       Greater than 3 months  24 months after the date the food was acquired, captured or supplied 
(2) A person must keep a record made under this Part relating to live aquatic products for a period of 3 months after the date the products were acquired, captured or supplied.
(3) A person who, without reasonable excuse, fails to keep a record for the period specified in subsection (1) or (2) commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months.
(4) In this section—
shelf-life (保質期), in relation to food, means the period during which the food maintains its microbiological safety and sensory qualities at a specific storage temperature as determined by the supplier of the food.

### Food Safety Ordinance 《食物安全條例》

27. Inspection of records
(1) A person must produce for inspection any record required to be kept by the person under this Part when required to do so by the Director or an authorized officer.
(2) The Director or authorized officer may make a copy of or take an extract from a record produced by the person.
(3) The person must provide any assistance reasonably required by the Director or authorized officer to understand or interpret a record produced by the person.
(4) A person who, without reasonable excuse, contravenes subsection (1) or (3) commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months.

28. Use and disclosure of records by Director
(1) The Director may use a record produced under section 27, or any information contained in the record, for the purpose of exercising powers or performing functions under this Ordinance.
(2) The Director may disclose to the public any information contained in a record produced under section 27 if the Director is satisfied that public disclosure of the information is necessary for the protection of public health.

29. Exemptions by Director
(1) The Director may in writing exempt a person from the requirement to keep a record under this Part.
(2) An exemption under subsection (1) may be granted subject to any conditions the Director considers appropriate.
(3) The Director may withdraw an exemption granted under subsection (1) on the ground that the conditions of the exemption have not been complied with.
(4) The Director may, by notice published in the Gazette, exempt a class of persons from the requirement to keep a record under this Part.