University of Wales, Cardiff/ HKU SPACE

MSc in Food Safety Management

HS 27-801-00 [01]

Assignment

Module:   Food Safety Management Systems 1

“Critically evaluate the current Hong Kong food safety legislation against international controls and identify further areas for future development.”

Introduction

Hong Kong is a place where diversity of food culture, with varieties of restaurants located in the city that you don’t need to bother about for what to eat. Even if you cook for yourself, it is convenient to purchase food products form all over the earth in the supermarket. There is around 90% of food import to the city from other countries (The Legislative Council, 2011); although it is a minority share of the food business, there still has local corps and poultry in Hong Kong, such as the Kamei Chicken, or the Honbo Chicken (Hong Kong Food Database, 2008 ) that most Hong Kong people are familiar with. There are over 10,000 (Small Medium Sized Enterprise) SMEs in Hong Kong catering Industry, it’s important to provide assistance, supervision and education of the SMEs in restaurants, make it to an acceptable standard of food safety and hygiene. The ultimate goal of food safety regulation is to protect consumers, what relevant government departments and the food industries need to do is Information exchange, reinforcement of the operating system and cooperation.

Comparing to the information and guidelines from different international food standards such as CODEX alimentarius, The European Food Information Council (EUFIC), Food and Drug Administration (FDA), though the Hong Kong government has been setting up the framework of the food safety, accompany with the food information from several countries. Since the Hong Kong food safety legislations are is formulated from the origins from the UK food safety system, and the UK food safety system need to be harmonized with the EU food safety system. To some extent, the data base and the Hong Kong Food Hygiene Code can help the premises to meet the licensing standards.

Critical Evaluations

There are various kinds of codes all over the world from international officials or organizations. Since the ultimate goal of food safety regulations is to protect consumers, what we have to do is to ensure the process of is frequently under surveillance, traceable of the food information, and able to meet the operating standards.

Hong Kong is still lack of food legislation in detail

Though Hong Kong has its own local produced food to export, most of the ingredients are originated from other countries. And the food legislation history in Hong Kong is not long enough. So far there are two main food legislations in Hong Kong, and the others are still in the stage of food related guidelines. The basic food law in Hong Kong is laid down in Part V of the Public Health and Municipal Services Ordinance (Cap. 132). The main provisions cover general protection for food purchasers, offences in connection with sale of unfit food and adulterated food, composition and labeling of food, food hygiene, seizure and destruction of unfit food. Controls in specific areas are provided in subsidiary legislation under the Ordinance as detailed below. Another food law in Hong Kong, the Food Safety Ordinance (Cap. 612), provides new food safety control measures, including a registration scheme for food importers and food distributors and a requirement for food traders to maintain proper records of the movements of food to enhance food traceability. It also empowers the authorities to make regulations for tightening import control on specific food types and to make orders to prohibit the import and supply of problem food and order the recall of such food.

Licensing / Registration

In order to obtain a food license from FEHD(The Legislative Council, 2011), those premises need to fulfill the requirements for issuing a full license, food premises have to satisfied essential health, building and fire safety requirements before; sometimes a restricted foods permit for the sale of specified restricted food items is also required. Premises also need to summit the documents which FEHD required (a completed application form; proposed layout plan of the premises and other supporting documents.); Annual renewal is an important process to ensure that manufacturers of quality imported or produced food. Comparing with the other countries, licensing rules are reasonable and more suitable for the situation in Hong Kong.

For the guideline from CODEX alimentaurius, GUIDELINES FOR FOOD IMPORT CONTROL SYSTEMS CAC/GL 47–2003, mentioned as following, stated that the measures and the legislation on food safety should also meet the standard of the domestic products. In ordinary situation, with sufficient supply of the domestic food, the imports should properly meet the same standard as the domestic ones.

“3. Requirements are commonly expressed as end-point standards with specific limits and complementary sampling regimes. These requirements may consist of standards, provisions for sampling, process controls, conditions of production, transport, storage, or a combination of these.

4. The extent and stringency of requirements applied in specific circumstances should be proportionate to risk, noting that risk may vary from one source to another because of factors such as specific and/or similar situations in the region of origin, technology employed, compliance history, etc. and/or examination of relevant attributes of a sample of products at import.

5. As far as possible, requirements should be applied equally to domestically produced and imported food. Where domestic requirements include process controls such as good manufacturing practices, compliance may be determined or equivalence confirmed by auditing the relevant inspection and certification systems and, as appropriate, the facilities and procedures in the exporting country4.” (CODEX, 2003)

Penalties

Not only consumers have perceptions to food safety, catering workers sometimes have bias to what they serve. In order to let the catering industry employers and employees know that they should have a high responsibility in catering; not only serving delicious dishes, a series of strict food safety regulations is needed. Penalties on a breach of food safety laws in Hong Kong seemed to be more lenient compared with other countries (Australia, Singapore, South Korea and Taiwan); Hong Kong FEHD uses the Demerit Points System, and the most severe penalty is revocation of a license, without a fine or imprisonment. But in FEHD website, not so much information or legislations focus on importing food, though there are standards of the hazards in food in the “Harmful Substances in Food Regulations”, but the punishment is not clear in detail.

“Regulatory framework >Penalties on a breach of food safety laws> Hong Kong

(a) Under the Demerit Points System, food business operators bearing the risk of having their licences suspended or cancelled on repetitive violation of public health laws; and (b) under the warning letter system, their licences likely to be cancelled on repeated breaches of licensing requirements or conditions.” (The Legislative Council, 2011)

Besides the fine and imprisonment in those countries; in Taiwan there is a reward equivalent to 5% of the fine imposed will be given to anyone who reports non-compliant cases of food industries (The Legislative Council, 2011). Unsafe food can be fatal, no severe penalties and regulations are not deterrent.

Self-monitoring & HACCP (Hazard Analysis Critical Control Point) for premises

“In 1993, recognizing the importance of HACCP (Hazard Analysis Critical Control Point) to food control, Codex Alimentarius Commission endorsed HACCP (Hazard Analysis Critical Control Point) concept as a worldwide guideline. To date, many developed countries have formally adopted their HACCP-based food safety plan as their regulatory strategy for ensuring food safety.” (CFS, 2011)

In recent years, Center for Food Safety (CFS) has been introducing the Food safety plan to the food industries and public by organizing a series of activities (including seminars, workshops, talks, exhibitions, internet resources etc.) to help owners and industry to know more about the food safety plan (the content, the system and the benefits) so as to reach the goal of safe food better business. As the food safety system is being introduced, there is no corresponding legislation to monitor food businesses for implementation, the mainly reason is that the imposition of HACCP (Hazard Analysis Critical Control Point) system will kill many SMEs in Hong Kong.

Since there is not an official food safety control system introduced by FEHD, but the government has introduced another: Hygiene Manager (HM) and Hygiene Supervisor (HS) Scheme (The Legislative Council, 2011), owners and hygiene manager and Hygiene Supervisor can have the guidelines in detailed form the Hong Kong Food Hygiene Code (FEHD, 2011), which provides how to form a standard premises to standard operating process. FEHD has sought for references from the similar codes form the Food Standards Australia New Zealand, the Canadian Food Inspection System Implementation Group, and the United States Food and Drug Administration, and the Hong Kong Food Hygiene Code is made under the standards and objectives identified in the provisions made under section 56 of the Public Health and Municipal Services Ordinance, Chapter 132.

“which requires all licensed food establishments to appoint either an HM or an HS to strengthen food safety supervision of food premises; and (b) licensed food premises certified with ISO 22000 being exempted from incurring demerit points, and from having their licenses suspended or cancelled under the demerit points system or the special measures to promote self-monitoring of food businesses“(The Legislative Council, 2011)

Similar approaches are taken in Singapore, but in their Factory Grading system that encourages industries to upgrade their food safety practices to a higher standard. In Australia, and Taiwan, a food safety control programme is being introduces to the premises, the content of the program is to ensure that processes meet international food safety standards and the introduction of HACCP (Hazard Analysis Critical Control Point) system, which is subject to external (or third-party)audit. In Taiwan the adoption is voluntary for premises, but in Australia it requires for several high-risk industries to enforce.

Lack of legislation on complete food information

Hong Kong Centre for food safety provides food safety guidelines for imported food, but lack of the entire information of every single kind of food products. Though the food labeling on packaged food product has listed the details as follows: (a) Name of the food ;(b) name and address of manufacturer or packer; (c) list of ingredients; (d) count, weight or volume;(e) indication of "best before" or "use by" date;(f) statement of special conditions for storage or instruction for use; and (g) nutritional information (since 1 July 2010).

But there is no fresh/ live food labeling or fresh/live food entire information can be reference in the FEHD. Hong Kong Government has established the framework agreement to the mainland China, and the food which imported from the mainland registered farms is frequently checked by the FEHD officers, and the reinforcement of border quarantine. According to the basic food law of Part V and Part VA of the Public Health and Municipal Services Ordinance (Cap. 132), and the Code of Practice on Section 78B Orders, the benefits of consumers are taken into priority. For those who offences the food law will be penalized.

“offences in connection with sale of unfit food and adulterated food, composition and labeling of food, food hygiene, seizure and destruction of unfit food, and the Authority’s power to make an order to prohibit the import / supply and to order a recall of the food under certain conditions.” (CFS, 2011)

Future Developments of the food legislations in Hong Kong

Probably FEHD should strengthen the surveillance of the food sold in Hong Kong in the following parts: set the framework agreement between the major importing countries, complete Food information platform, and establish an award scheme, reinforcement in legislations of penalties.

Framework agreement between the major importing countries

Hong Kong is not the only city which produces food products with imported material. As the food materials travel across the global village nowadays, even the food is produced in US but the ingredients may not be all originated from the local. Hence, President Barack Obama has signed the “Food Safety Modernization Act” into law in January 2011, to reduce outbreaks of food-borne illness by imposing stricter regulations on food imports and expanding the FDA's enforcement authority. Regardless of the price or the safety of the raw materials imported, this is a constraint to foreign-produced goods; and this is an effective measure of protecting U.S. food industry from foreign threats (such as the mainland China). This is a good example for FEHD to reference, with large amount of food products dependence on imports and the live and fresh food products are mainly imported from mainland China. The establishment of framework agreements is to protect the interests of consumers, strengthen consumer confidence in imported food. Hong Kong Government has cooperated with the Guangdong government for series of framework agreement (The Legislative Council, 2010), including the food safety issue as follow: “Food Safety: The key areas of co-operation in relation to food safety under the Framework Agreement include: (a) inspection and quarantine; (b) food safety information notification and co-ordination mechanisms; (c) strengthening source traceability of agricultural products through information technology for e-commerce.” (The Legislative Council, 2010)

The Framework agreement on food safety between both sides is to cooperate for the food import form mainland China (Guangdong, Shenzhen and Zhuhai), not only to Strengthen import and export quarantine of both sides; and also to enhance the quality inspection of agricultural products, and operating procedures, technology etc. FEHD Officers inspect the registered farms in mainland from time to time, so as to ensure that the food import to Hong Kong is safe.

Another point is also need to figure it out is that, the cooperation framework may not only focus on the point quarantine, and some kinds of materials may be imported from EU, Canada, and Australia (the most common one is the milk powder and the organic soy beans) . European Council has a regulation of EC 882/2004 for the EU member countries for food safety. As the Cucumber' Outbreak happened in May 2011, since EU has the free trade market system in their member states, ​​as long as a small error in quarantine in the import food will lead to serious consequences. Even if there is a high traceability and recall system after the outbreaks; it has been wide spread as the convenience of the Import and export. So spot sampling of imported food is still very important for a city.  

Complete Food information Platform

With a majority of 90% of food is imported form the other countries, FEHD and the legislation council should reinforce the operation of food control among the major importing countries, and establish a platform for complete food information, the TAFT system in Taiwan is a good example.

Though Taiwan has around 60% of food imported from the others, The Island still have the remaining 40% of domestic demand. Even though there is a minority seems to be not a big pie, The Council of Agriculture, executive Yuan requires not only the imported foods, and the local produced food to establish a system (Taiwan Agriculture and Food Traceability System, TAFT) to make every single kind of food be able to trace, with its traceable code. On the TAFT website, you can choose the role (consumers, producers & manufacturers) in order to help you know the information. Some educational information is listed for consumers about TAFT system and the TAP logo; and other information for the spot to purchasing TAFT product and some recipes. For the producers and manufacturers, guidelines in detail to help them establish their product CV, and guide them how to join the TAFT system, with legislations for their references.

In the TAFT system , you can find the food information to be provided to consumers including:(a) product name; (b) name of the agricultural operator; (c) location of production site;(d) the product's traceable code; (e) major operational activities; (f) packing date; (g) name of the certification body; and (h) valid period of certification. And there is a TAP (Traceable Agriculture Product) mark for those products which are verified by the TAFT system, and 5000NT bonus for reporting the offences based upon the “Report violations of Agricultural Production and Certification Act incentives case”.

The main reason to introduce the TAFT System in this article, Taiwan is not a large exporter of agricultural products, for this well established traceability system and certification system (TAFT), not only in the domestic and foreign market of Taiwan agricultural products to rise its credibility; and when the crisis occur, the TAFT system can accurately track the origin of the event.

Since Hong Kong has its local-breed poultry (Kamei Chicken and Honbo Chicken, etc.) and some other locally-grown vegetables; it is worth considering that keeping the data and the information of these domestic grown fresh food for the government, and it will be a good example for other food business people to follow. Due to the food safety threats of the imported fresh food or food products. “Native food database” will help enhance public awareness of food safety and confidence on safe food, although the production of native food in Hong Kong accounts for a small part of the market. And also, the government should encourage the businesses to keep the business records. FEHD does not have relevant requirements for the food industries (The Legislative Council, 2011). Comparing to Taiwan TAFT System, and the Australia New Zealand Food Standards Code, it’s properly to keep the business records at a minimum duration (one year or one year after the product expiry date) offered by the government.

Award Scheme for the food businesses

It’s more likely to give incentives to implement food safety systems of enterprises, and quality mark given to prove; or to provide financial subsidies for those premises which achieve good quality control and continuous operation level. All of these can help premises and government to establish a good partnership. A hygiene award schemes based upon the HACCP (Hazard Analysis Critical Control Point) and The Food Standards Agency (FSA), the scheme was carried out to improve the safety standards in the premises (D Worsfold, 2005). But for that kind of programmes still needs a higher transparency and publicity so as to enhance its credibility, not just play by relevant industries and professionals; the consumers (public) should be added into consideration. By the way, to encourage food industries to use HACCP is just a transitional role for the city. Like the “smoke-free restaurant scheme” in Macau (was promoted in 2007). However, a mandatory legislation such as Law no.5/2011 (bans on indoor smoking in Macau) is an effective solution.

It was mentioned before that if a mandatory legislation to food industries to follow the HACCP, many SMEs in Hong Kong would be eliminated. Among those small and medium sized food businesses, some of them are traditional food businesses which have small amount of consumer groups; and so that it remains few of the traditional food businesses exist. Their factories are very small indeed, and their food making process may not meet the HACCP standard (cause they insist on using their own traditional method). In order to help these small traditional food business to survive, government should help them to achieve (or close to) the standard as much as possible. And it can also to consider the enforcement by the size of food industries, or the quantity they produce for selling to the public. In a word, adaptations of HACCP approach to fit the needs of different food businesses within a risk assessment framework.

Reinforcement in legislations of Penalties

“…penalties associated with breaches of food laws commonly include fines and imprisonment. However, due to high litigation costs, the Australian states and territories often adopt informal enforcement actions to address non-compliance such as education and warnings, instead of pursuing prosecution right away.” (The Legislative Council, 2011)

In Australia, food act offenders are not be prosecuted immediately, they will have chance to regulate their food safety process to an acceptable range, or acceptable level; but there is still mentioned in Australian Food Act, penalties and imprisonment will be implemented for those who breach the Food Act. (Food Act 2003 No 43, 2003)

“39—Failure to comply with requirements of authorized officers

A person must not, without reasonable excuse, fail to comply with a requirement of an authorized officer duly made under this Division. Maximum penalty: 

 (a) If the offender is a body corporate—$250 000.

 (b) If the offender is a natural person—$50 000” (South Australia Food Act 2001)

To the Government, taking penalty on the public is a last resort measure, but is effective strategy for habitual offenders. Heavy Fines may not make those enterprises clear about the serious of the issue, but let them aware of the consequences of serious violation. Only in this way can effectively correct the violation with the operations of food safety, reduce and prevent human caused by the occurrence of food safety issues.

Conclusion

There still much room for improvement, such as an entire food information system concluding both the domestic produced food and imported food that needs the cooperation of FEHD and the governments from other countries or regions. Since the food database consists of different food products information, refined food legislation should be able to harmonize both the imports and the domestics, treated with the same certification standards. While operating in the food safety rules and guidelines, the Hong Kong FEHD and the CFS provides detailed information to help enterprises to establish compliance with license requirements, that will encourage the standard approach for the food safety, to enhance a better standard for the premises, award scheme may be prompt the progress. However, for the penalties for breaches, the Hong Kong Government does not enhance penalties for breaches of food safety. When food safety problems occur, the most severe punishment is the revocation of license; after a period of time, entrepreneurs can still start in another form of food-related businesses. This does not let those who truly understand the fact that unsafe food can be fatal. Furthermore, most importantly, government departments and industry should establish a good partnership; the government provides support to the industry, the industry should implement the food safety rules, that will reduce a number of communication problems, to promote SFBB (safe food better business), in order to protect the interests of consumers.

References

1.       Centre for Food Safety (2011) Food Legislation / Guidelines. Available from: http://www.cfs.gov.hk/english/food_leg/food_leg.html

2.       Centre for Food Safety (2011) Hong Kong food hygiene code. Available from: http://www.fehd.gov.hk/english/publications/code/code_index.htm.

3.       Denise Worsfold.(2005) Protecting consumers: A review of hygiene award schemes. British Food Journal, Vol. 107 Iss: 3, pp.162 – 172

4.      Department of Health, Executive Yuan. (2008) Taiwan Agriculture and Food Traceability System, TAFT. Available from: http://taft.coa.gov.tw/welcome.asp?mp=8&role=C&mpap=A

5.       FAO and WHO. (2010) CODEX Alimentarius. Available from: http://www.codexalimentarius.net/web/index_en.jsp

6.      New South Wales Government, NSW legislation.(2003) Food Act 2003 No 43. Available from: http://www.legislation.nsw.gov.au/fragview/inforce/act+43+2003+pt.2+0+N

7.       SA Health.(2001) South Australia Food Act 2001. Available from: http://www.health.sa.gov.au/pehs/food/food-act-2001-dec06.pdf

8.      The Association for Hong Kong Catering services Management Ltd. (2008) Food Database Hong Kong Available from: http://www.fooddb.com.hk/

9.       The legislative Council. (2010) LegCo Panel on Food Safety and Environmental Hygiene: Issues related to Food Safety and Fisheries under the Framework Agreement on Hong Kong/Guangdong Co-operation. Available from: http://www.legco.gov.hk/yr09-10/english/panels/fseh/papers/fe0608cb2-1698-5-e.pdf

10.   The legislative Council. (2011) Food safety regulatory framework in selected places Available from: http://www.legco.gov.hk/yr10-11/english/sec/library/1011rp03-e.pdf

11.   And all the notes and power points provided from the tutors.