Under the Food Business Regulation (Cap. 132X) (hereafter “the Regulation”), a permit from or the permission in writing of the Food and Environmental Hygiene Department (FEHD) is required for the sale of any of the restricted foods specified in Schedule 2 to the Regulation, including the sale of food by means of a vending machine.
Currently, examples of food permitted to be sold by means of a vending machine include non-bottled instant coffee beverages, rice dumplings in hot holding, freshly squeezed orange juice, pre-packaged ready-to-eat vegetables in cold holding and frozen confections in manufacturers’ wrappers, etc. Under the FEHD’s current policy, written permission is not required if the machine is used for selling:
- drinks (such as canned or bottled beverages commonly sold by vending machines) and sterilized milk in original sealed containers; and/or
- cakes, biscuits, confections or food of the like nature in original sealed containers (such as pre-packaged light refreshments or snacks).
When determining whether written permission is required for a particular food, the FEHD will consider the nature of the food, taking into account factors such as the storage duration or shelf life, type of packaging and storage conditions. In addition, the FEHD has been monitoring the operation of the trade and will review from time to time the existing permit conditions for vending machines to suit market changes and impose appropriate regulation, with a view to safeguarding food safety and environmental hygiene.
Pursuant to section 30 of the Regulation, save with the permission in writing of the Director of Food and Environmental Hygiene, no person shall sell restricted foods, including food sold by means of a vending machine. Any person who operates a food business without a licence or sells restricted foods without permission commits an offence and is liable on conviction to a maximum fine of $50,000 and imprisonment for six months.
Relevant information:
Food Hygiene Code
(https://www.fehd.gov.hk/english/publications/code/allc_ap3.html)
Guidelines on Food Safety and Hygiene for Vending Industry
(https://www.cfs.gov.hk/english/multimedia/multimedia_pub/files/Guidlines_of_Vending_Machine_e.pdf)
Press release: Centre for Food Safety announces risk assessment study results on microbiological quality of ready-to-eat food sold by vending machine
(https://www.info.gov.hk/gia/general/202301/17/P2023011600319.htm?fontSize=1)
Risk Assessment Studies (Food Microbiology) - Microbiological Quality of Ready-to-eat Food Sold by Vending Machine
(https://www.cfs.gov.hk/english/programme/programme_rafs/programme_rafs_fm_01_29.html)
Food Safety Focus - Microbiological Quality of Ready-to-eat Food Sold by Vending Machines
(https://www.cfs.gov.hk/english/multimedia/multimedia_pub/multimedia_pub_fsf_199_03.html)
Application for Restricted Food Permit
(https://www.fehd.gov.hk/english/forms/permit.html)
List of Permitted Premises for the Sale of Restricted Foods
(https://www.fehd.gov.hk/english/licensing/licence-type-permit.html)
