Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : tidenq@tid.gcn.gov.hk

Ref : EIC 230/2/12

9 May 2002

Dear Sirs,

Commercial Information Circular No. 92/02

European Union (EU)* :General Principles and Requirements
of Food Law, Establishment of the European Food Safety Authority
and Procedures in Matters of Food Safety

The Council of the EU and the European Parliament have published a Regulation (EC) No. 178/2002 setting out the general principles and requirements of food law, establishing a European Food Safety Authority and laying down procedures for matters of food safety. The Regulation applies to all stages of production, processing and distribution of food and feed. It applies in a non-discriminatory manner whether food or feed is traded on the internal market or internationally. A copy of the Regulation is appended (pdf format) to this Circular for reference.

DETAILS

2. The basic objectives of the Regulation are to approximate the concepts, principles and procedures applied by Member States to provide for a common basis for food law in the Community. The requirements of the food law also apply to food and feed imported into the Community. Salient points of the Regulation are highlighted as follows :
   

   General Requirements of the Food Law

   1. Food shall not be placed on the market if it is unsafe. Food shall be deemed to be unsafe if it is considered to be injurious to health or unfit for human consumption.
       
   2. Feed shall not be placed on the market or fed to any food-producing animal if it is unsafe. Feed shall be deemed to be unsafe if it is considered to have an adverse effect on human or animal health or make the food derived from food-producing animals unsafe for human consumption.
       
   3. The labelling, advertising and presentation, etc. of food or feed should not mislead consumers.
       
   4. Food and feed business operators shall ensure that the foods or feeds satisfy the requirements of food law which are relevant to their activities and shall verify that such requirements are met.
       
   5. If a food or feed business operator considers or has reason to believe that a food or a feed which it has imported, produced, processed, manufactured or distributed is not in compliance with the food or feed safety requirements, it shall immediately initiate appropriate procedures including withdrawing the food or feed in question from the market, informing the competent authorities thereof, etc.
       
   6. The requirements stated above shall take effect from 1 January 2005.
      

      Emergency Measures

   7. Emergency measures will be taken where it is evident that food or feed originating in the Community or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the relevant Member State(s). Depending on the gravity of the situation, emergency measures may include, inter alia, a suspension of the placing on the market of the food or feed in question, laying down special conditions for the food or feed concerned and/or any other appropriate interim measures.

ENQUIRIES

3. For enquiries about the contents of this Circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Sandra SOU)

for Director-General of Trade and Industry

* : The EU Member States are Austria, Belgium, Denmark, Finland, France,
Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.