Introduction

Pursuant to section 54 of the Public Health and Municipal Services Ordinance (Cap.132), any person sells any food intended for, but unfit for, human consumption, shall be guilty of an offence.  Offenders are subject to a maximum fine of $50,000 and imprisonment for six months upon conviction.  Moreover, section 52 of the Ordinance stipulates that any person who sells to the prejudice of a purchaser any food which is not of the nature, or not of the substance, or not of the quality, of the food demanded by the purchaser shall be guilty of an offence.  The maximum penalty is a fine of $10,000 and three months' imprisonment upon conviction.

Furthermore, to ensure food safety and public health, licensed food premises providing takeaway and food delivery services (including online sale of food) must adhere to relevant licensing conditions, including those requirements on food containers, food storage and temperature for food delivery etc.

In recent years, as e-commerce is getting more and more popular, including food transaction through the Internet, mobile applications or social media and related food complaints/incidents have also increased.  Members of public are concerned about the hygienic operation of the licensed food premises, online food delivery platforms as well as the food deliverers.  In this regard, the Food and Environmental Hygiene Department (FEHD) prepares “Practical Guide on Take-away Meal and Meal Delivery Services”(Guide) to lay down the general hygiene and food safety guidelines for handling of meals ready for consumption to all related business operators (including food premises, online food platforms, food delivery agents and food deliverers) for voluntary observance when providing take-away meals and meal delivery services.