- (c) recklessly includes in a record information that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3 months.
Division 2—Supply Records
24. Record of wholesale supply of food
(1) A person who, in the course of business, supplies food in Hong Kong by wholesale must record the following information about the supply—
- (a) the date the food was supplied;
- (b) the name and contact details of the person to whom the food was supplied;
- (c) the total quantity of the food;
- (d) a description of the food.
(2) A record must be made under this section within 72 hours after the time the supply took place.
(3) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under section 29.
(4) A person commits an offence if the person—
- (a) without reasonable excuse, fails to make a record in accordance with this section;
- (b) includes in a record information that the person knows is false in a material particular; or
- (c) recklessly includes in a record information that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3 months.
25. Defence for retailers
(1) It is a defence for a person charged with an offence under section 24(4)(a) in relation to a supply of food to show that—
- (a) the person’s normal business is the supply of food by retail; and
- (b) it was reasonable for the person to assume that the supply was not a wholesale supply.
(2) In this section—
“retail” (零售) means the supply of food to a person who obtains it other than for the purpose of wholesale.
