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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk 

Ref.: TID PF 1

13 May 2013

Powdered Formula Licensing Circular No. 3/2013

Export Licensing Arrangement for Transfer/Transit Air Passengers

I. Introduction

This circular sets out a new licensing arrangement at the Hong Kong International Airport (HKIA) for transfer/transit air passengers (Note 1) who wish to export out of Hong Kong powdered formula brought into Hong Kong by such air passengers from a place outside Hong Kong.

II. Details

Background

2.Unless otherwise exempted under the Import and Export Ordinance (Cap. 60, Laws of Hong Kong), no person shall export any powdered formula to any place outside Hong Kong except under and in accordance with an export licence issued by the Director-General of Trade and Industry.

3.As defined in regulation 2 of the Import and Export (General) Regulations (Cap. 60 sub. leg. A, Laws of Hong Kong) ("the Regulations"), "powdered formula" means a substance in powder form that:

  1. is or appears to be for consumption by a person aged under 36 months; and
  2. is or appears to be milk or milk-like substance in powder form to satisfy wholly or partly the nutritional requirement of a person aged under 36 months.
4. Please refer to the website of the Food and Health Bureau (FHB) (www.fhb.gov.hk/en/powderedformula) for examples of "powdered formula" (Note 2).  Enquiries concerning whether any substance would be covered by the definition of "powdered formula" can be addressed to FHB (fhbenq@fhb.gov.hk) (Note 2).

New Licensing Arrangements for Transfer/Transit Air Passengers

5.  With immediate effect from the date of this circular, a new licensing arrangement applies to facilitate the export of powdered formula by transfer/transit air passengers taking a connecting flight or ferry at the HKIA.  Transfer/transit air passengers who brought into Hong Kong powdered formula in their accompanied personal baggage (including checked-in baggage and hand-carry cabin baggage) should approach the Duty Office of the Customs and Excise Department (C&ED) inside the Restricted Area of HKIA to apply for a powdered formula export licence if they wish to export the powdered formula out of Hong Kong.  Subject to circumstances of each individual case, a powdered formula export licence will usually be issued on the spot to the transfer/transit air passenger upon  successful application.   Transfer/transit air passengers are reminded to allow sufficient time before boarding for making the applications and for C&ED to process the applications, and to take note that there may be many other transfer/transit air passengers making similar applications.  No fee will be charged for the issue of a powdered formula export licence.

6.  The issue of a powdered formula export licence to a transfer/transit air passenger is subject to the following conditions:
  1. the licence is only issued to a transfer/transit air passenger arriving at the HKIA from a place outside Hong Kong solely for the purpose of taking a connecting flight or ferry inside HKIA to another place outside Hong Kong.  The transfer/transit air passenger is named as the exporter in the licence;
  2. the licence is issued to the transfer/transit air passenger for his/her use to export the powdered formula brought into Hong Kong in his/her accompanied personal baggage (including checked-in baggage and hand-carry cabin baggage) as covered by the licence and is NOT TRANSFERABLE;
  3. the licence is only valid for use at the Restricted Area of the HKIA specified pursuant to section 37 of the Airport Authority Ordinance (Cap. 483, Laws of Hong Kong); and
  4. the licence is valid for three days from the date of issue.

Licence Application Procedures

Step 1

7.  Obtain a standard blank application form "Powdered Formula Export Licence for Transfer/Transit Air Passengers" (TID 339) from the Duty Office of C&ED inside the Restricted Area of HKIA.  The blank form is provided for free.

Step 2

8.  Complete the application form (including both Parts ONE and TWO) neatly and legibly.  Please refer to the guidance notes and the specimen copy of a completed "Powdered Formula Export Licence for Transfer/Transit Air Passengers" at Annex 1 and Annex 2 respectively for reference.  Subject to circumstances of each individual case, the export licence will usually be issued on the spot to the transfer/transit air passenger upon successful application.  

Step 3

9.  Upon approval of the licence application, the Duty Office of C&ED will issue the licence (i.e. Part TWO of the application form duly signed and stamped with a unique Licence Number) to the applicant while retaining Part ONE thereof.  The approved licence will be valid for three days from the date of issue.

Step 4

10.  The transfer/transit air passenger is advised to keep in safe custody of the powdered formula export licence as he/she may be requested at any time before he/she leaves Hong Kong by a Customs officer to produce such licence together with his/her travel documents and boarding pass for inspection before leaving Hong Kong.

Licence Fee

11.  The export licence is issued free of charge.

Licence Exemptions

12.  As provided in regulation 6(1D) of the Regulations, the export licensing requirement does not apply to powdered formula (whether of the same composition and whether in one or more containers) that is exported in the accompanied personal baggage of a person aged 16 or above leaving Hong Kong
  1. if -
  • the person did not leave Hong Kong in the last 24 hours; and
  • the formula does not exceed 1.8 kg in total net weight; or
  1. if -
  • the person left Hong Kong one or more times in the last 24 hours;
  • the person is leaving Hong Kong together with a person aged under 36 months (child); and
  • the formula is in an unsealed container and does not exceed a reasonable quantity for the child's consumption during the travelling time from a point of exit in Hong Kong to the next point of entry in a place outside Hong Kong.

III. Important Notes and Warning

13.  Unless otherwise exempted under the Import and Export Ordinance (Cap. 60, Laws of Hong Kong), any person who exports powdered formula to any places outside Hong Kong without a valid licence shall be guilty of an offence and shall be liable on conviction to a maximum fine of $500,000 and to imprisonment for 2 years.  TID works closely with C&ED to enforce the export licensing requirement for powdered formula in Hong Kong.  Customs officers may request the holder of a powdered formula export licence for documentary support, for example travel document, boarding pass and purchasing invoice, etc. to verify the particulars specified on his/her licence, and may conduct inspection of the powdered formula in his/her accompanied personal baggage if necessary.  Enforcement actions (including but not limited to criminal prosecution) may be taken against any person engaged in any malpractice.

14.  The data collected in the application will be kept in confidence.  They may however be disclosed to other government departments, or to third parties in Hong Kong or elsewhere, if such disclosure is necessary to facilitate consideration or processing of the application, is in the interest of the trade in Hong Kong, is authorized or required by the law; or if explicit consent to such disclosure is given by the applicant/data subject.

IV. Enquiries

15.For enquiries on this circular, please contact the Powdered Formula Licensing Unit at 3403 6220. For enquiries on the export licensing service at HKIA, please contact the Duty Officer of C&ED at 2182 1084.
 

 

Yours faithfully,

(Miss Mandy WONG)
for Director-General of Trade and Industry

Note 1 :  Transfer/transit air passengers in the context of issue of powdered formula export licences refer to those passengers who stop by the HKIA solely for the purpose of taking a connecting flight or ferry inside the HKIA to a place outside Hong Kong.
Note 2 :  Starting from 1 July 2022, the policy portfolio on powdered formula export control has been transferred to the Environment and Ecology Bureau. For details, please refer to the website (https://www.eeb.gov.hk/food/en/powderedformula/index.html) or contact (pfenq@eeb.gov.hk).