3. The principal Regulations are amended by inserting, immediately after regulation 13, the following regulations:| “Sale and supply of catered food |
13A.—(1) Subject to paragraph (2), no licensee of a catering establishment shall sell or supply any food for consumption which has been maintained at a temperature not below 5 °C and not above 60 °C for an aggregate period exceeding 4 hours after it was first prepared for consumption.(2) Paragraph (1) shall not apply in relation to any prepacked food which is sold or supplied —| (a) | sealed in its original packaging or wrapping; and | | (b) | stored in accordance with any storage condition specified on its packaging or wrapping. |
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| (3) Any licensee who contravenes paragraph (1) shall be guilty of an offence. |
| (4) Nothing in this regulation shall affect any obligation of a licensee of a catering establishment under the Act to ensure that any food sold or supplied by him is fit for human consumption. |
(5) In this regulation and regulation 13B —| (a) | food is first prepared for consumption —| (i) | in the case of food which is cooked, when any component of the food is first wholly or partially cooked; | | (ii) | in the case of food which is ordinarily consumed raw, when any component of the food is first sliced, peeled or otherwise prepared for consumption; or | | (iii) | in the case of prepacked food, when the packaging or wrapping of the prepacked food is first opened, |
| and in the case of food which consists of any combination of food referred to in sub-paragraph (i), (ii) or (iii), at the earliest time that any component of the food is first prepared for consumption, determined in accordance with sub-paragraph (i), (ii) or (iii), as the case may be; and |
| | (b) | “prepacked food” means any food packed or made up in advance ready for sale in a package or wrapper and which is subject to the labelling requirements of regulation 5 of the Food Regulations (Cap. 283, Rg 1) and not exempted by regulation 6 of those Regulations. |
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| Time-stamping of catered food |
13B.—(1) Subject to paragraph (6), every licensee of a catering establishment shall, when preparing any food —| (a) | that is sold or supplied packed in a package or wrapper, affix to each package or wrapper containing the food a label that meets the requirements in paragraph (2); | | (b) | that is laid out at one or more fixed locations by the licensee, ensure that at least one sign that meets the requirements in paragraph (3) is displayed in a prominent, conspicuous and unobstructed manner near each location where the food is laid out; and | | (c) | that is to be laid out at one or more fixed locations by another person, supply to that person at least one sign that meets the requirements in paragraph (3) for each location where the food is to be laid out. |
(2) A label referred to in paragraph (1)(a) shall —| (a) | state clearly in the manner specified in paragraph (4), in relation to whichever item of food was prepared earliest —| (i) | the date and time the food was first prepared for consumption; and | | (ii) | the date and time by which the food should be consumed, as determined in accordance with paragraph (5); |
| | (b) | be printed or written in the English language in a legible and indelible manner; | | (c) | be printed or written with each letter in a font size not less than 3 mm in height; and | | (d) | be securely and prominently affixed on each package or wrapper in an unobstructed manner. |
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(3) A sign referred to in paragraph (1)(b) and (c) for any location where the food is laid out or to be laid out shall —| (a) | state clearly in the manner specified in paragraph (4), in relation to whichever item of food at that location was prepared earliest —| (i) | the date and time the food was first prepared for consumption; and | | (ii) | the date and time by which the food should be consumed, as determined in accordance with paragraph (5); |
| | (b) | be printed or written in the English language in a legible and indelible manner; | | (c) | be printed or written with each letter in a font size not less than 10 mm in height; and | | (d) | be at least 297 mm in length and 210 mm in breadth. |
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(4) The dates and times referred to in paragraphs (2)(a) and (3)(a) shall be stated in the following manner:| “FOOD READY-TO-EAT ON (the date referred to in paragraph (2)(a)(i) or (3)(a)(i)) AT (the time referred to in paragraph (2)(a)(i) or (3)(a)(i)). |
| | CONSUME BY (the date referred to in paragraph (2)(a)(ii) or (3)(a)(ii)) AT (the time referred to in paragraph (2)(a)(ii) or (3)(a)(ii)).”. |
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| (5) The date and time referred to in paragraphs (2)(a)(ii) and (3)(a)(ii) shall be not later than upon the expiry of a period of 4 hours in aggregate during which the food was maintained at a temperature not below 5 °C and not above 60 °C after it was first prepared for consumption. |
(6) Paragraph (1) shall not apply in relation to any prepacked food which is sold or supplied —| (a) | sealed in its original packaging or wrapping; and | | (b) | stored in accordance with any storage condition specified on its packaging or wrapping. |
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| (7) Nothing in this regulation shall prohibit the addition in any language of such matter descriptive of the food or of any other information, provided that such addition is not contrary to or in modification of the particulars required by this regulation to be written or printed on a label or sign. |
(8) Any person who —| (a) | without reasonable excuse, contravenes paragraph (1); | | (b) | knowingly or recklessly makes a false or misleading statement in a label or sign required under paragraph (1)(a), (b) or (c); or | | (c) | knowingly or recklessly provides information to be included in a label or sign required under paragraph (1)(a), (b) or (c) that is false or misleading, |
| shall be guilty of an offence. |
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(9) Any person who, without reasonable excuse —| (a) | defaces, obstructs, removes or misuses; or | | (b) | forges or alters, |
| any label or sign referred to in paragraph (1)(a), (b) or (c) shall be guilty of an offence.”. |
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