Press Releases

Law to speed up closure of unhygienic food establishments takes effect

An amended legislation that helps to speed up the closure of unhygienic food establishments will come into effect today (February 14).

The Public Health and Municipal Services (Amendment) Ordinance 2002 helps to cut the lead time from as much as nine months to about two months for applying a court order to close an unlicensed food premises.

The ordinance also empowers the Director of Food and Environmental Hygiene (DFEH) to close expeditiously unhygienic food establishments that pose immediate health hazard to the public.

Immediate health hazard is defined in the ordinance as any circumstances that cause or are likely to cause any food supplied on or from, or handled or possessed on, any premises to be or to become a source of food-borne infection, contamination, intoxication or disease transmission.

In explaining the amended legislation, a spokesman for the Health, Welfare and Food Bureau said there were examples of real-life circumstances that were likely to render the food served unfit for human consumption and hence justified consideration of closure by the director.

These include:

*food premises consisting of flimsy make-shift structures and not provided with proper sewerage system or food storage equipment;

*food premises where the water used for preparing food or washing utensils comes from a well near a latrine/aqua-privy, a dirty water storage tank or a polluted stream;

*food premises where clinical data or laboratory evidence reveals presence of highly infectious pathogens such as E. coli O157:H7 and Vibrio cholerae O139 or food contamination by high levels of toxic chemicals; and

*food premises with heavy infestation of cockroaches, rodents or flies.

Concurrently, the Appeal Board on Closure Orders (Immediate Health Hazard) will also commence operation today as a statutory body to hear and determine appeals made against DFEH's decisions in respect of closure of unhygienic food establishments. The powers of the Appeal Board derived from the amendment ordinance and were intended to complement the conferment of closure powers on DFEH.

The Appeal Board is made up of a chairman, two vice-Chairmen and 22 Members, all of them were appointed by the Chief Executive last November for a term of three years.

Its membership was drawn from a wide cross-section of the community including professionals in the legal, medical and accounting fields, businessmen and representatives from the catering trade. Mrs Lily Yew Kuin King-suk is now the Board's Chairperson.

The spokesman noted anyone aggrieved by a closure decision of DFEH or his refusal to rescind a closure order may lodge an appeal with the Appeal Board.

"In line with the legislative intent of providing an expeditious appeal mechanism for such aggrieved persons, a hearing will normally be held within ten working days after the appeal has been lodged."

"The Board will as far as practicable deliver its decision within ten working days upon completion of hearing of the appeal," the spokesman said.

Enquiries relating to the operation of the Appeal Board can be addressed to the Secretariat of the Board at 2136 3331 (phone) or 2136 3282 (fax).

End/Friday, February 14, 2003
NNNN