(5) The Director may, in the same manner as a food safety order was made, vary or revoke the order, and section 31 applies, with the necessary modifications, in relation to the variation or revocation of a food safety order under this subsection as it applies in relation to a food safety order.
(6) A food safety order is not subsidiary legislation.
(7) In this section—
“hazard” (危害) means a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect;
“public analyst” (政府分析員) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132).
31. Manner of making food safety orders, service and publication
(1) A food safety order must be in writing and may be addressed to—
- (a) a particular person or particular persons;
- (b) a class of persons; or
- (c) all persons.
(2) A food safety order addressed to a particular person or particular persons—
- (a) must be served on that person, or each of those persons; and
- (b) takes effect in relation to a person when it is served on that person.
(3) A food safety order addressed to a class of persons or all persons—
- (a) must be published in the Gazette; and
- (b) takes effect at the time specified in the order.
(4) A food safety order is binding on the person or persons to whom it is addressed.
32. Contravention of food safety orders
(1) A person bound by a food safety order who contravenes a term of the order commits an offence and is liable to a fine at level 6 and to imprisonment for 12 months.
(2) It is not a defence for the person to show that the food concerned is the subject of a licence, permit or any other form of authorization issued or granted under this or any other Ordinance.
