Section 5 Permits to sell milk or milk beverage

5(1) No person shall sell any milk or milk beverage for human consumption save under and in accordance with the permission in writing of the Director granted under section 30 of the Food Business Regulation (Cap. 132 sub. leg.).

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Section 5A Restriction on sale, etc. of imported milk or milk beverage

5A(1) No person shall sell or advertise for sale, any milk or milk beverage imported into Hong Kong from a source of manufacture other than a source of manufacture which has been approved by the Director.
5A(2) For the purpose of this section, the Director shall not approve any source of manufacture of milk or milk beverage unless he is satisfied that heat-treatment is included in the process of manufacture of such milk or milk beverage.

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Section 6 Prohibition of sale of milk or milk beverage in certain cases

6(1) No person shall sell any milk or milk beverage for human consumption if-
  1. except in the case of imported frozen pasteurized whole milk, it has been heat-treated more than once; or
  2. it contains at any time before heat-treatment, more than 200000 bacteria per millilitre or any coliform bacteria in 1/1000th (0.001) of a millilitre; or
  3. it contains at any time after heat-treatment by any of the methods of pasteurization described in Schedule 1 more than 30000 bacteria per millilitre or any coliform bacteria in 1/10th (0.1) of a millilitre; or
  4. it contains at any time after heat-treatment by any of the methods of sterilization described in Schedule 1 a colony count of 10 or more.
6(2) For the purposes of this section, milk or a milk beverage shall be deemed to be possessed for the purpose of sale notwithstanding that it is intended that such milk or such milk beverage shall be subjected to heat-treatment before sale.

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Schedule 1 METHODS OF HEAT-TREATMENT

  1. Pasteurization─
    1. by the "Holder Method", namely, by retaining milk or a milk beverage for not less than 30 minutes at a temperature of not less than 63 nor more than 66 ℃ and then immediately cooling it to a temperature of not more than 10 ℃; or
    2. by the "High Temperature Short Time Method", namely, by retaining milk or a milk beverage for a period of not less than 15 seconds at a temperature of not less than 72 ℃ and then immediately cooling it to a temperature of not more than 10 ℃.
  2. Sterilization─
    1. namely, by homogenizing the milk or the milk beverage by means of any process whereby the globules of butter fat in the milk or the milk beverage are broken up so as to remain suspended uniformly throughout the milk or the milk beverage which is then heated to and retained at a temperature of not less than 100 ℃ for a period of not less than 25 minutes in the same containers as such milk or such milk beverage is subsequently to be disposed of for human consumption; or
    2. the "Ultra High Temperature Method", namely by heating the milk or the milk beverage to a temperature of not less than 132 ℃ and retaining it at not less than that temperature for at least 1 second, and thereafter putting immediately into the sterilized containers in which it is to be supplied to the consumer, which shall be filled and sealed at the premises at which the treatment has been carried out with such aseptic precautions as will ensure the protection of the milk or the milk beverage from risk of contamination.

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Section 13 Milk or milk beverage to be kept below 10 degrees Celsius pending sale

13(1) No person shall keep any milk or any milk beverage, except sterilized milk or a sterilized milk beverage in sealed containers, for the purpose of sale in any place the temperature of which exceeds 10 degrees Celsius.

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Section 14 Business of milk factory not to be carried out except by licence

14(1) Save under and in accordance with a milk factory licence granted by the Director and in such premises as shall be specified in such licence, no person shall carry on a business as a milk factory.

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Note : Please browse https://www.elegislation.gov.hk/?_lang=en for details of the food law in Chapter 132.