Under the Food Business Regulation (Cap.132X) and the relevant legislation, restricted food permit is required for sale of any of the restricted foods specified in Schedule 2 of the Food Business Regulation (e.g., sashimi, sushi), including online sale.
Sale or offer for sale of restricted food through website or online platform account requires online sale of restricted food permit and the restricted foods shall be pre-prepared, pre-packaged and supplied by approved suppliers. No storage, handling (such as cutting up, slicing, packing or wrapping, etc.) nor preparation of the restricted foods shall be conducted at the place where the online sale business is conducted. Otherwise, related restricted food permit or food business licence may be required under the relevant legislation. If different items of restricted foods are offered for sale online, each food item should be covered by respective permit separately.
Furthermore, the permits also require that restricted foods shall not be tampered with during transportation to prevent cross-contamination, and that the food products shall be stored at a safe and proper temperature at all times. Moreover, the operators shall provide on their websites for sale of food the permit information such as the permit number, its registered address and the restricted foods permitted for sale so as to provide a reference for the consumers at purchasing online and also enable them to verify such information through the Food and Environmental Hygiene Department (FEHD) website.
Operators of food premises who are holders of specified food business licences or restricted food permits must comply with relevant licensing conditions including those conditions mentioned above if they also carry out online sale of food items permitted by the FEHD. No separate application for restricted food permit (online sale of restricted food) is required.
No matter the sale of food is through online or traditional means, operators should obtain relevant licences/permits as required by the law, having regard to their modes of operation and the food items for sale.
The FEHD has been closely monitoring online food sale activities. If an unlicensed food business is suspected to be involved in selling of food for human consumption online, or the food is from a suspicious source, FEHD will conduct investigations and take follow-up action accordingly. Should there be sufficient evidence, prosecution will be initiated. Any person who operates an unlicensed food business or sells restricted foods without permission is liable on conviction to a maximum fine of $50,000 and imprisonment for six months. A daily fine of $900 may also be imposed. At last, members of the public should pay attention to food safety issues at purchasing food online. They should be aware of the nature, potential risks and delivery temperature control of the foods purchased online, in particular those perishable and high-risk foods, and they are advised to buy food from licensed/permitted food business operators.
Relevant information:
- Online Sale and Shopping of High-risk Food
- Press release: Application for permits for selling restricted foods online to start on 22 February 2016
- Application Form for Restricted Food Permit (Online Sale of Restricted Food)
- A guide to Application for Restricted Food Permit (Online Sale of Restricted Food)
- Pamphlet on points to note for selling food online
- TV announcements: Licences or permits are required for online sales of restricted food
- List of permitted premises for online sale of restricted foods
