### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

52. General protection for purchasers of food and drugs
(1) If any person sells to the prejudice of a purchaser any food or drug which is not of the nature, or not of the substance, or not of the quality, of the food or drug demanded by the purchaser, he shall, subject to the provisions of section 53, be guilty of an offence.
(2) Without prejudice to the provisions of subsection (1), any person who for the purpose of sale keeps in any container any liquid which is not of the nature, or not of the substance, or not of the quality, of the alcoholic liquor which, by reason of the labelling or other marking of such container, it appears to be, shall be guilty of an offence.
(3) Where regulations made under section 55 contain provisions prescribing the composition of, or prohibiting or restricting the addition of any substance to, any food or drug, a purchaser of that food or drug shall, unless the contrary is proved, be deemed, for the purposes of subsection (1), to have demanded a food or drug complying with the provisions of such regulations.
(4) In any proceedings for an offence under the provisions of subsection (1), it shall not be a defence to allege that the purchaser bought for analysis or examination and therefore was not prejudiced.
(5) In this section, save in so far as it relates to drugs, any reference to sale shall be construed as a reference to sale for human consumption.
(6) For the purposes of subsection (2), the expression alcoholic liquor (酒類) means spirits, liqueurs, wines and Chinese type liquor.

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

53. Defences available in proceedings under section 52
(1) In any proceedings under section 52 for an offence consisting of the sale of food to which any substance has been added, or in the preparation of which any substance has been used as an ingredient, or from which any constituent has been abstracted, or which has been subjected to any other process or treatment, other than food thereby rendered injurious to health, it shall be a defence for the person charged to prove that the operation in question was not carried out fraudulently, and that the article was sold having attached thereto a notice of adequate size, distinctly and legibly printed and conspicuously visible, stating explicitly the nature of the operation, or was sold in a wrapper or container displaying such a notice.
(2) The provisions of subsection (1) shall apply in relation to an offence consisting of the sale of a drug to which any substance has been added, or from which any constituent has been abstracted, other than a drug thereby injuriously affected in its quality, constitution or potency, as they apply in relation to any such offence as is therein mentioned.
(3) In proceedings under section 52 in respect of any food or drug containing some extraneous matter, it shall be a defence for the defendant to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation.

54. Offences in connection with the sale, etc. of unfit food or drugs
(1) Subject to the provisions of this section, any person who—
(a) sells or offers or exposes for sale, or has in his possession for the purpose of sale or preparation for sale; or
(b) deposits with, or consigns to, any person for the purpose of sale or of preparation for sale,

any food intended for, but unfit for, human consumption, or any drug intended for use by man but unfit for that purpose, shall be guilty of an offence.
(2) Subject as aforesaid, where any food or drug in respect of which an offence under subsection (1)(a) has been committed was sold to the offender by some other person, that person also shall be guilty of an offence.
(3) Where a person is charged with an offence under subsection (1)(b), or under subsection (2), it shall be a defence for him to prove either—
(a) that he gave notice to the person with whom he deposited, or to whom he consigned or sold, the food or drug in question that it was not intended for human consumption or for use by man, as the case may be; or
(b) that, at the time when he delivered or dispatched it to that person, either it was fit for human consumption or for use by man, as the case may be, or he did not know, and could not with reasonable diligence have ascertained, that it was not so fit.

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

57. Live poultry and live reptiles deemed food for purposes of regulations
(Amended 5 of 2011 s. 66)Regulations made under section 55 or 56 may include provision for the prohibition, restriction or regulation of the sale, or the possession, offer or exposure for sale or consignment or delivery for sale, of live poultry and live reptiles in the same manner as if such live poultry and live reptiles were food.
(Amended 9 of 1976 s. 6; 68 of 1985 s. 2; 5 of 2011 s. 66)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

65. Evidence of analysis
(1) In any proceedings under this Part, the production by one of the parties of a document purporting to be a certificate of the public analyst in the form of Form A prescribed in the Seventh Schedule, or of a document supplied to him by the other party as being a copy of such a certificate, shall be prima facie evidence of the facts stated therein, unless, in the first mentioned case, the other party requires that the public analyst shall be called as a witness.
(2) In any such proceedings, if a defendant intends to produce a certificate of the public analyst, or, under the provisions of subsection (1), to require that the public analyst shall be called as a witness, notice of his intention, together, in the first mentioned case, with a copy of the certificate, shall be given to the other party not less than 3 clear days before the day on which the summons is returnable, and, if this requirement is not complied with, the court may adjourn the hearing on such terms as it thinks proper.
(3) Where any relevant method of analysis has been prescribed by regulations made under section 55(1)(e), evidence of an analysis carried out by the prescribed method shall be preferred to evidence of any other analysis or test.

66. Proceedings in respect of articles or substances sampled
(1) In any proceedings under this Part in respect of an article or substance sampled, the summons shall not be made returnable less than 14 days from the day on which it is served, and a copy of any certificate of analysis obtained on behalf of the prosecutor shall be served with the summons.
(2) In any proceedings under this Part, where a sample has been procured in such circumstances that its division into parts is required by this Ordinance, the part of the sample retained by the person who took it shall be produced at the hearing.