Replies to LegCo questions
LCQ16: Food Surveillance Programme
Following is a question by the Hon Leung Kwok-hung and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(June 8):
Question:
The media uncovered earlier that a number of large supermarket chains mixed pork
into beef for sale as beef; as the price of beef is higher, supermarkets can
reap huge profits, but the commodities do not meet their descriptions and they
have neglected public health and food quality. In this connection, will the
Government inform this Council:
(a) in the past five years, whether the Government had carried out sample tests
on minced beef sold at supermarkets or chain stores to ascertain whether there
was adulteration of pork; if it had, of the number of cases identified and which
supermarkets or chain stores were involved; if not, whether it became aware of
the situation only after it was uncovered by the media;
(b) whether, under the existing legislation, the adulteration of pork in beef
for sale as beef is in breach of any legislation; if so, of the legislation
breached and the relevant penalty; and after the media uncovered the aforesaid
cases, whether the Government has immediately taken law enforcement actions; if
it has, of the details, including the actions taken, at which and how many
supermarket chains it has conducted spot checks, and of the results; if not,
whether the relevant government departments have assessed the seriousness of the
problem;
(c) whether it knows if, in general, the health of members of the public will be
affected after they have consumed beef adulterated with pork; and
(d) of the government departments to which members of the public may lodge
complaints if they find that there is again adulteration of pork or other meat
in minced beef sold by supermarkets or chain stores; upon receipt of the
complaints, whether the Government will immediately send staff to collect
evidence on the spot?
Reply:
President,
(a) The Centre for Food Safety (CFS) of the Food and Environmental Hygiene
Department (FEHD) adopts the risk analysis framework promulgated by
international food safety authorities in regulating food safety, under which
hazards associated with food or food ingredients are evaluated and potential
risk to the population is assessed, facilitating the formulation of an
appropriate Food Surveillance Programme. The Food Surveillance Programme is
designed to control and prevent food hazards in order to ensure that food sold
in Hong Kong is safe and fit for consumption to protect public health.
Under the Food Surveillance Programme, officers of the CFS take samples of food
items at import, wholesale and retail levels for microbiological and chemical
testing for the purpose of assessing food risks. Microbiological testing covers
bacteria and viruses, while chemical testing includes food additives,
contaminants and other harmful residues, and toxins.
Since the regular food surveillance programme focuses on risk and food safety,
testing of minced beef for trace of pork has not been included in the programme
in the past five years. The CFS has started investigation into the alleged cases
in which pork was mixed into minced beef in an attempt to deceive consumers. The
CFS will make an assessment after receiving the test result and take further
action as appropriate.
Subsequent to earlier media reports that several supermarket chains were
suspected to have sold beef mixed with pork, the CFS immediately sent officers
to major supermarket chains to follow up and took three minced beef samples for
testing. One sample was found containing no trace of pork while the testing for
the other two are still under way. Since the media report of the sale of pork as
beef in the Mainland in mid April this year, the CFS has received 26 complaints
involving the sale of pork as beef. FEHD's investigation officers have taken
appropriate follow-up actions and collected alleged beef samples for testing by
the Government Laboratory (GL). The test results of 15 samples show that the
complaints are unsubstantiated while the testing for the remaining samples are
still under way.
The Customs and Excise Department (C&ED) also adopts a risk assessment approach
and conducts targeted checks and investigations in the light of the assessed
risk, severity of the matters in question and market conditions. This approach
has taken account of the sheer number of goods available for sale in the market.
Based on its complaint trends and analysis of previous investigations, the C&ED
considers that there was no evidence showing that the problem of traders selling
beef mixed with pork as pure beef was serious. Hence, the C&ED has not conducted
targeted investigation in this aspect in the past five years. After the subject
incident came to light, the C&ED has conducted inspection of supermarkets and
frozen meat shops across the territory. Five specimens of packaged minced beef
have been collected from five supermarket chains and forwarded to the GL for
testing. The testing are still under way.
(b) Under section 52(1) of the Public Health and Municipal Services Ordinance
(Cap. 132), if any person 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, of the
food demanded by the purchaser, he shall be guilty of an offence and the maximum
penalty is a fine of $10,000 and imprisonment for three months. Under section
61(1) of the same Ordinance, if any person falsely describes the food or
misleads as to the nature of the food on a label of the food sold by him, he
shall be guilty of an offence and the maximum penalty is a fine of $50,000 and
imprisonment for six months.
Section 4A of the Food and Drugs (Composition and Labelling) Regulations (Cap.
132W) stipulates that prepackaged food shall be marked and labelled in the
manner prescribed in Schedule 3. The food name or designation so marked and
labelled shall not be false, misleading or deceptive in any respect as to the
nature of the food. The maximum penalty for contravention is a fine of $50,000
and imprisonment for six months.
The Trade Descriptions Ordinance (Cap.362) prohibits any person from applying
false trade descriptions to any goods (including those of the "composition" of
goods) in the course of business. Offenders are liable to a fine at Level Six
(presently at $100,000) and imprisonment for two years on summary conviction,
and fine of $500,000 and imprisonment for five years on conviction on
indictment.
As mentioned in my reply in part (a) above, the FEHD and the C&ED have deployed
officers to conduct inspection and collected food samples for testing by the GL
immediately after the reports of the alleged cases.
(c) Generally speaking, minced beef mixed with pork does not increase the food
risk. However, all meat should be cooked thoroughly before consumption to
safeguard health.
(d) Members of the public who have suspicions about shops selling minced beef
mixed with pork or other meat may file a report by calling the Government 1823
Call Centre, the Customs Hotline (2545 6182) or the FEHD Hotline (2868 0000).
Members of the public may also contact any District Environmental Hygiene Office
of the FEHD by telephone or in person during office hours. Upon receiving the
complaints from the public, the relevant departments will look into the cases
and take follow-up actions as soon as possible.
Ends/Wednesday, June 8, 2011
Issued at HKT 12:45
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