1. Food product with false description
Centre for Food SafetyCentre for Food Safety

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BackgroundBackground
In late May 2013, there was a report in mass
media alleged that
some shops suspected sale of beef ball without
beef composition

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Current food legislation
In accordance with section 52(1) of the Public Health
and Municipal Services Ordinance, Cap.132, any
person who sells to the prejudice of a purchaser any
food which is not of the nature, or not of the
substance, or not of the quality demanded by the
purchaser is an offence.
Upon conviction by the Court, the offender is liable to
a maximum fine of $10,000 and 3 months
imprisonment

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Current food legislation
Section 61(1) of the Public Health and Municipal
Services Ordinance, Cap. 132, all labelling
information marked on food label of the
prepackaged food should not falsely describe the
food or is calculated to mislead as to its nature,
substance or quality.
Upon conviction by the Court, the offender is liable
to a maximum fine of $50,000 and 6 months
imprisonment

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Current food legislation
According to section 1 of Schedule 3 to Food and
Drugs (Composition and Labelling) Regulations,
Cap.132W, the food name or designation shall not
be false, misleading or deceptive in any respect as
to the nature of the prepackaged food. The offender
will be liable to a maximum fine 50,000 and
imprisonment for 6 months.
However, any customary or traditional name in use
in Hong Kong before the commencement of Food
and Drugs (Composition and Labelling) Regulations,
Cap.132W and indicative of a particular food may
continue to be used as the name of that food, unless
and until the Authority by notice in the Gazette
prohibits such use.

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Current food legislation
Any person who sale any unfit food for
human consumption is an offence under
Section 54 of the Public Health and
Municipal Services Ordinance (Cap. 132)
The offender is liable to a maximum fine of
$50,000 and 6 months imprisonment

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Complaint about fake/Complaint about fake/
counterfeit foodcounterfeit food
Complaint about fake/counterfeit food,
Centre for Food Safety will refer the case to
Customs and Excise Department for follow
up action under Trade Descriptions
Ordinance, Cap.362.

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Enforcement action
CFS will follow up the cases relating to food
which are suspected not of the
nature/substances during surveillance check
and under food complaints /referrals.
Enforcement action will be considered if
there is sufficient evidence

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Advice to trade
Only use food satisfying safety and quality requirements
Maintain proper records in accordance with the Food Safety
Ordinance (Cap. 612) to allow source tracing
Source food from reliable suppliers, including -
Checking the source and quality of food ingredients;
Checking whether the suppliers possess the relevant
food business licenses;
Checking whether they have been registered as food
importers or distributors under the Food Safety
Ordinance (Cap. 612)

10. Consumer Protection Bureau(2)
Trade Descriptions Ordinance
Chapter 362, Laws of Hong Kong

11. The Existing Trade Descriptions
Ordinance (TDO) Cap. 362
To prohibit false trade descriptions and
forged trademarks in respect of goods
provided in the course of trade or business.

12. Scope of TDO
Trademarks
Trade Descriptions

13. Customs & Excise Department
Intellectual Property Investigation Bureau
(IPIB)
Responsible for investigating forged
trademark cases

14. Customs & Excise Department
Consumer Protection Bureau 2 (CPB(2) )
Responsible for investigating false trade
descriptions cases

15. What is a trade description
(definitions) ?

16. A trade description means an indication,
direct or indirect, and by whatever means
given, of any of the following matters with
respect to any goods or parts of goods, that
is to say -
Major Trade Descriptions
in relation to Food Trade (Definitions)

17. (a) quantity (which includes length, width,
height, area, volume, capacity, weight
and number), size or gauge
(b) method of manufacture, production or
processing
Major Trade Descriptions
in relation to Food Trade (Definitions)

18. (c) composition
(d) testing by any person and results thereof
(e) approval by any person or conformity with
a type approved by any person
(f) place or date of manufacture, production or
processing
Major trade descriptions in relation to
food trade (Definitions)

19. Definitions of
False Trade Descriptions
A trade description which is false to a
material degree
A trade description, though not false, is
misleading to a material degree

20. Offences related to Trade Descriptions
In the course of any trade or business -
apply a false trade description to any goods
supply or offer to supply any goods to which
a false trade description is applied
In possession for sale or for any purpose of
trade or manufacture any goods to which a false
trade description is applied
Import or export any goods to which a false
trade description is applied for trade or business

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Penalties
Any person who commits an offence
under the TDO is liable to a maximum
fine of $500,000 and imprisonment for
5 years.

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Major duties
Protect consumer rights of local
consumers and tourists
Combat unscrupulous sales practices
so as to maintain a fair trading
environment
Consumer Protection Bureau(2)

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Enforcement work under TDO
Patrol at shopping areas and exhibitions to
ensure the traders in compliance with the TDO
and the relevant regulations
Handle consumer complaints and investigate
cases involving TDO allegations
Consumer Protection Bureau (2)

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Enforcement work under TDO
The Bureau’s Quick Response Team
immediately handles short-haul visitors’
complaints related to TDO allegations.
Consumer Protection Bureau (2)

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Enforcement work under TDO
The Product Monitoring Scheme is aimed at
collecting market information in respect of
consumer goods for analysis and product-
testing so as to ascertain whether the products
are in contravention of the TDO.
Consumer Protection Bureau (2)

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Enforcement work under TDO
Deliver educational seminars to retailers to
promote consumer rights
In close liaison with the Consumer Council,
carry out enforcement actions to defeat false
trade descriptions activities
Consumer Protection Bureau (2)

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Case Sharing

28. 19
Case (1)
Passing off Cattle Tendon
as Deer Tendon

29. 20English translation : “Jilin Deer Tendon, $20 per tael”

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Case (2)
Passing off Dried Conch Slices
as Dried Abalone Slices

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English translation : “American abalone slices, $320 / catty”

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Case (3)
Pure Peanut Oil and Pure Corn Oil
adulterated with Soybean Oil

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Case (4)
Strawberries imported from Mainland
China bearing false origin labels of
Japan or Korea

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Case (5)
Eggs imported from Mainland China
bearing false origin labels of
Thailand or Holland

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39. Amended TDO
On 17 July 2012, the Legislative Council passed
the Trade Descriptions (Unfair Trade Practices)
(Amendment) Ordinance 2012, which includes new
fair trading sections.
The amended TDO will come into operation on 19
July 2013.

40. Major Amendments on TDO
Extend the scope of trade description to cover
service
Stipulate to prohibit 5 types of unfair trade
practices for interests

41. 5 Types of Unfair Trade Practices
Stipulated in the Amended TDO
1. Misleading Omission
2. Aggressive Commercial Practice
3. Bait Advertising
4. Bait and Switch
5. Wrongly Accepting Payment

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The Amended Trade Description
(Definition)
means an indication, direct or indirect,
and by whatever means given, with
respect to the goods/service or any
part of the goods/service

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Amended TDO
The final draft of the Enforcement Guidelines
has been uploaded to the website of the
Customs and Excise Department.

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